JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard learned counsel for the parties and perused the judgment and order impugned..

2. Despite notice, none has appeared and it was a defective appeal since 1998 and has been recently numbered and taken up for final disposal. The record is not necessary as the matter can be disposed of as there is Annexure appended to the appeal itself.

3. By way of this appeal, the Insurance Company has brought in challenge the judgment and award granting a sum of Rs.3,24,000/-for the death of the sole bread-earner of the respondents-claimants, who had filed claim petition claimed a sum of Rs.25,64,000/-for the death of Sudhir Mohan Taneja who died in the vehicular accident and left behind him his widow and three minor children. The matter has remained pending from 1998 till date.

4. Before this Court adverts to the brief facts, the accident having taken place is not in dispute. The respondents are the drivers and the owner of the truck which is insured with appellant which is also not in dispute. The main dispute is regarding the driving licence of the driver and, therefore, the insurance company could not have been fastened with liability to pay the claimant