S. S. Nijjar, J.

1. A claim petition was filed before the Motor Accidents Claims tribunal (for short, the M. A. C. T. ) claiming compensation on account of death of rajinder Pal alleged to be 38 years of age at the time of his death. He was working as lineman in the Punjab State Electricity board. It was alleged that on 16.3.2002, deceased Rajinder Pal was standing on the bhawanigarh Road, Mehlan Chowk when at about 2 p. m. a truck No. PIC 8547 came from Sunam side at a fast speed and caused the accident. The driver of the truck was proceeded ex parte as he did not appear. Owner of the truck contested the petition and alleged that the truck was not involved in the accident. The insurance company had also filed a separate written statement and denied the accident. It was also pleaded that driver had no valid driving licence and the amount claimed was excessive. M. A. C. T. has held that the accident was caused due to rash and negligent driving of truck No. PIC 8547.

2. We have heard Mr. Suri on behalf of the insurance company. It is submitted by the learned counsel that after the death of the deceased the claimants received family pension on account of the death of the decea