Avneesh Jhingan, J.

The present appeal has been filed against the award dated 15.02.2006 passed by Motor Accidents Claims Tribunal, Gurdaspur (hereinafter referred to as 'Tribunal').

2. The record of this case was burnt and has been reconstructed from the salvaged record and copies supplied by counsels, subject to all just exceptions.

3. In a motor vehicular accident that occurred on 10.09.1994, Rajesh Kumar lost his life. In the said accident, a maruti car bearing registration No.HP-38-4055 and a truck bearing registration No. PBN-9145 were involved. The deceased was driver of the maruti car.

4. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was filed by the parents of the deceased. The respondents were Manohar Sahni-owner of the truck, Mohinder Singh driver of the truck and the National Insurance Company, Pathankot. The said claim petition was decided exparte against respondents No.1 and 2 vide award dated 16.02.2000. In the said award, National Insurance Company was exonerated.

5. An application was made by Manohar Sahni for setting aside the exparte award. The said application was allowed and exparte award was set aside vide order