JUDGMENT :

(C.M. Application No.31633 of 2018 for Restoration of the Appeal)

1. Application has been filed seeking restoration of the appeal to its original number by recalling of order dated 14.03.2018 whereby the appeal had been dismissed in default of appearance. Learned counsel appearing on behalf of answering respondent does not have any objection in case the appeal is restored to its original number. In view thereof the application is allowed and the appeal is restored to its original number recalling the order dated 24.03.2018.

(Order On Memo of First Appeal From Order)

2. Heard learned counsel for appellant and learned counsel appearing on behalf of respondent no.5.

3. The appeal is being heard and decided today itself by the consent of learned counsel for parties.

4. It is admitted between the parties that the respondents no.1 to 4 are merely proforma respondents and their being unrepresented at the final hearing is of no consequence.

5. First appeal from order has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 28.05.2012 passed by Motor Accident Claims Tribunal/District Judge, Barabanki in Claim Petition No.231 of 2009 whereby t