Hon'ble GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act by the New India Assurance Co. Ltd. For setting aside the award dated 23.10.2001, passed in MAC No. 37/1998 (145/1997). 2. The brief facts of the case are that the respondents Nos. 1 and 2 filed claim petition under Section 166 of the M.V. Act, 1988 against the appellant and respondent No.3 - owner and driver of the tempo No. RSR 9149. It was stated in the claim petition that when deceased Anwar Hussain was sitting in the tempo, and coming from Aklera to Kota, the temp was driven by Alladin. At about 7.25 a.m., when tempo reached near Panchwati Hotel, Jagpura, suddenly the tempo was stopped on a road breaker without any indicator, a truck hit the temp due to which the deceased died. On filing the claim petition, the learned Tribunal awarded a sum of Rs.1,50,000/- to the claimants as compensation. 3. No one has appeared on behalf of the appellant. But looking to the fact that on earlier occasion on 25.11.2011 and 12.01.2012 and on earlier occasions also, none appeared, it was deemed suitable to decide the matter in absence of the appellant on merits. 4. Heard learned counsel for the respondents and perused the record, specially the impugned judgment and award. 5. The contention of the present appellants as alleged in the memo of appeal is that issue No.1 has been wrongly decided in favour of the claimant and rash and negligent driving was not proved before the learned Tribunal by reliable evidence. 6. Record of the case goes to show that it has been admitted by the appellant - company in his reply to the claim petition that the deceased was a cleaner on the involved vehicle and it has also been admitted in further objections that tempo driver stopped the vehicle without giving any signal suddenly and hence collusion took place. AW-2 Ati-ur-Rehman has also stated before the Tribunal that Alladin was rash and negligent in driving and it resulted in collusion and an elaborate discussion has been made by the learned Tribunal and after considering the relevant factors, the learned Tribunal has concluded the issue No.1 rightly in favour of the claimants. 7. Looking at the above, there is no force in the appeal and the same, therefore, hereby dismissed.