JUDGMENT :

Krishan Pahal, J.

1. Heard Sri Sanjay Singh, learned counsel for the claimants-appellants and Sri Amit Manohar, learned counsel for the Insurance Company, arrayed as respondent no.1.

2. This First Appeal From Order (hereinafter referred to as ‘FAFO’) was instituted by the claimants-appellants, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act, 1988’), assailing the judgment and order dated 24.01.2009 rendered by the Motor Accident Claims Tribunal/Additional District Judge/ Special Judge (E.C. Act), Bareilly (hereinafter referred to as ‘Tribunal’) in Motor Accident Claim Petition Case No.-881 of 2004.

3. A perusal of the order sheet indicates that this Court, vide order dated 02.11.2015, admitted this FAFO and issued notices. Accordingly, notices were sent to the respondents 1 & 2 by ordinary post. The office report dated 22.09.2021 reads ‘notices sent by ordinary post to respondents 1 & 2 did not return after service’ indicating satisfactory service.

4. While Sri Amit Manohar, learned counsel, has put in appearance on behalf of the respondent no.1 the Insurance Company (hereinafter referred to as ‘Insurer’), no one has appeared on behalf of th