HEMLATABEN KIRITBHAI MODI Vs. SHIVRAM KARANSINH BRAHMAN

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dated 15.11.2007 passed by Presiding Officer, Fast Track Court No.4, Ahmedabad (Rural), (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.713/2001, the appellants - original claimants preferred present appeal under Section 173 read with Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr.Adil R. Mirza, learned counsel for the appellants - original claimants and Mr.Sunil B. Parikh, learned counsel for respondent No.3 - Insurance Company.

(3.) Learned counsel for the appellants stated that, during pendency of this appeal, appellant No.4, who happened to be father of the deceased expired on 28.08.2011 and therefore, appellant No.4 is represented by other respondents and therefore, appellant No.4 be deleted. Considering such situation, appellant No.4 stands deleted from the array of the appellants. Record indicates that, respondent Nos.1 and 2 have not been served, who are driver and owner of the vehicle involved in the accident respectively, however, liability is not denied by respondent No.3 and therefore, presence of respondent Nos.1 and 2 is not necessary for deciding this appeal. Under such circumstances, present appeal is heard for final disposal forthwith. We have perused the original record and proceedings and the copies of relevant evidence, which were produced before this Court by both the sides.