(1.) This appeal has been filed by the appellants - original claimants against the respondents - original opponents under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) against the judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Mahesana in MACP No. 110 of 1989 on 20/2/2002. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.
(2.) The brief facts that emerge from the record of the case are as under:
(3.) The notices were duly served to the opponents but the opponent No.1 did not appear. The opponent No. 2 - Insurance Company appeared and filed the written statement at Exh. 27 mainly denying all the contents of the claim petition.