S.K. Dubey, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short' the Act') aggrieved of the common award, dated 15.2.1991, passed in Motor Accident Claim Case Nos. 9 and 10 of 1989, by Motor Accidents Claims Tribunal, Sarda.

2. On 19.2.1989 deceased Jokhilal was going on a motor cycle with two pillion riders, namely, Madanlal and Akhtar. He was dashed by truck No. MPN 5359 as a result of which Jokhilal died at spot and the other two riders of the motor cycle received injuries. On the date of accident the truck was being driven by respondent No. 5 during the course of employment of respondent No. 6, the owner of the truck which was insured with the appellant. The legal representatives of the deceased Jokhilal filed an application under Section 166 of the Act to claim compensation of Rs. 24,60,000/- for the death caused due to negligent act of the truck driver. The injured Madanlal also filed application to claim compensation for the injuries suffered by him in the said accident. The owner and driver remained ex parte, therefore, the appellant company was permitted to contest the claims on all grounds which were available to owner. The Tribunal