Wangdi, J.

This Appeal arises out of the impugned judgment dated 07-05-2013 of the Learned Member Motor Accident Claims Tribunal, South and West Sikkim at Namchi (in short “Learned Claims Tribunal”) in M.A.C.T. Case No.32 of 2011 by which the claim for death compensation under Section 163A of the Motor Vehicles Act, 1988 preferred by the Appellant, was rejected.

2. The Appellant is the brother of the deceased and the Respondents No.1 to 3 are the legal heirs and representatives of Ram Singhasan Prasad, the owner of the truck bearing registration No.SK-03/1208, that met with the fatal accident.

3. There is no dispute of the fact that the deceased was employed as a handy boy in the truck bearing registration No.SK-03/1208 that met with an accident while travelling from Soreng, West Sikkim to Jorethang, South Sikkim on 07-12-2010. It is also not disputed that the deceased had died in that accident.

4. From the records of the Learned Claims Tribunal it appears that notice of the Claim Petition was issued to all the Respondents including the Respondent No.4, the insurer, but despite its service the Respondent No.4 failed to appear and was accordingly proceeded ex parte. We