JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri. Mohan Srivastav, learned counsel for the appellant and Sri. Rahul Sahai assisted by Sri. Parihar, learned counsel for the respondent-Insurance company Ltd. The owner and the driver have absented themselves though served.

2. This appeal, at the behest of the claimants has been preferred against the award and order dated 21.12.2011 passed by Motor Accident Claims Tribunal, Bulandshahr in M.A.C.P. No. 274 of 2009 decided by Sri. Vijay Kumar Agarwal, HJS. I normally do not subscribe to theory of the writing name of presiding officer but the facts in which and the manner in which the tribunal deal with the issues before it has prompted me to write his name.

3. The factual scenario relates to an accident having taken place on 26th of February 2009 at about 9.00 pm when the deceased along with her husband and other person namely Harendra Singh and others were travelling from village where they stayed to village Hissail in Maruti Van No. DL-1CC/2521 driven by her husband namely claimant No. 1. When this maruti van reached G.T. Road near