MINOR SIDDHARTH MAKRANBHAI Vs. RAMBILAM SURAJBHAN

JUDGEMENT

(1.) This appeal is at the instance of the claimants and is directed against an award dated July 22, 2004 passed by the Motor Accident Claims Tribunal [Aux.] at Ahmedabad in MACP No.259 of 2000 thereby dismissing the claim-application.

(2.) Being dissatisfied, the claimants, who are the mother and minor children of the victim, have come up with the present First Appeal.

(3.) It appears from the materials on record that the claim-application under Section 166 of the Motor Vehicles Act being MACP No.259 of 2000 was filed by the three children and the mother of the victim thereby claiming compensation for the death of one Makrandbhai Janardhanbhai. In the claim-application, one Rambilam Surajbhan, the alleged driver of the tempo, was made the opponent No.1, the owner of the vehicle was made opponent No.2, and the National Insurance Co. Ltd., the insurer of the vehicle was made opponent No.3. Subsequently, however, during the pendency of the proceedings, the name of Rambilam Surajbhan, the alleged driver, was deleted.