KAMUBEN Vs. BABUBHAI KESARBHAI PRAJAPATI

JUDGEMENT

(1.) BY way of this appeal, the appellants-original claimants have challenged the judgment and award of the M.A.C.T. No.III(Auxi.), Ahmedabad, dated 24.06.1997, rendered in M.A.C.P. No.332 of 1992, whereby the tribunal partly allowed the claim petition of the appellants.

(2.) THE facts of the case briefly stated are that on 14.09.1991, while the deceased-Odhavji was proceeding on his bicycle, he was dashed by a truck being driven by opponent No.1, herein. As a result thereof, Odhavji lost his life. THE appellants being the heirs and legal representatives of the deceased, preferred the above-mentioned claim petition, wherein the tribunal passed the award, directing the opponents to pay jointly and severally an amount of Rs.43,600/- with interest at the rate of 12 per cent per annum, from the date of application till its realization, with proportionate costs. Since, the appellants are not satisfied with the same, they have preferred the present appeal.

(3.) HEARD, learned Counsel for the parties and perused the material on record.