1. Heard learned counsel for the appellant and learned counsel for the respondents.

2. The present appeal has been preferred by the appellant- insurance company challenging the award dated 09.11.2004 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Muzaffar Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No.250 of 2003 whereby the Tribunal has awarded Rs.3,47,000/- along with 6% interest as compensation to the claimants/respondents.

3. Challenging the aforesaid award, learned counsel for the appellant has contended that deceased was employed as driver on Truck No.U.P-12-4282 which met with the accident on 27.02.2003 and dashed with a stationary truck. It is submitted that claim petition has been instituted under Section 166 of the Motor Vehicles Act and as there is no finding of the Tribunal on the issue of negligence, therefore, award passed by the Tribunal cannot be sustained in law. It is further contended that under Section 167 of Motor Vehicles Act , dependants of the deceased can institute claim petition claiming compensation either under the Motor Vehicles Act or under the Workmen Compensation Act as the claim petition has been file