JUDGMENT :

This appeal is preferred under Section 173 of the Motor Vehicle Act, 1988 against the Judgment/award dated 08.12.2017 passed in T(M.V.) Suit No. 246 of 2014 by learned District Judge, XII-cum-M.A.C.T Judge, Dhanbad, whereby and whereunder the learned tribunal has awarded Rs. 9,37,200/-along with interest at the rate of 6 per cent per annum as compensation amount to the claimants along with recovery right of Insurance Company (appellant) from the Insured “owner of the offending vehicle”

2. After service of notice respondent nos. 1-5/claimants appeared and filed their vakalatnama. Respondent no. 6, owner of the offending vehicle no. NL 010 8383 did not turn up in spite of valid service of notice.

3. Above captioned claim case was filed by claimants/respondent Nos. 1 to 5 for award of compensation to the tune of Rs. 10,89,500/-along with interest @ 6 % per annum from the date of filing of this case till its payment, on account of death of one Shiv Shankar Rabidas arising out of use of motor vehicle. It is alleged that on 22.05.2012 at about 16:15 hrs. deceased was standing