JUDGMENT :

1. Heard the parties. Though service of notice upon the respondent no.1 is sufficient, no one turns up on behalf of him in spite of repeated calls hence this appeal is heard ex parte in respect of the respondent no.1.

2. This appeal has been preferred against the judgment and award dated 04.09.2013 passed by the 5th Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh in Claim Case No.99 of 2009 whereby and where under in a claim petition filed under section 166 of the Motor Vehicles Act, 1988, the learned Motor Vehicle Accident Claims Tribunal held that the claimants are entitled to compensation of Rs.4,46,550/- and interest thereon @ 6% with effect from 19.06.2012 against the respondent no.2 and ordered that if the said amount is not paid within one month of the judgment, the order shall carry penal interest @ 9% till realization and directed the respondent no. 2 insurance company to pay the said amount of compensation to the claimants.

3. The brief facts of the case is that the claimants –appellant nos. 1 to 4 are the dependents of the deceased –Ravi Kumar Singh @ Daya Singh a professional driver, who while returning from Ranchi by a Tata Sumo Vehicle be