SHIRISHKUMAR KALIDAS RAJGURU Vs. HARISINH SANKERSINH RATHOD

JUDGEMENT

(1.) IT is stated by Mr.Desai, the learned advocate appearing on behalf of the appellants that during the pendency of the appeal, minor appellant no.2 Dampi Shirishkumar Rajguru has died on 01st May, 2011 and his heirs are already on record. Mr.Desai proposes to file formal application for recording the death of appellant no.2 in course of this day. On undertaking to file such application, I propose to take up this appeal.

(2.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the claimants in a proceeding under section 166 of the Motor Vehicles Act and is directed against the award dated 31st December, 2004 passed by the Motor Accident Claims Tribunal (Auxi.), Fast Track Court No.3, Gandhinagar in M.A.C.P.No.1651 of 1992 thereby awarding a sum of Rs.4,75,000/ - as compensation for the death of the victim with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(3.) BEING dissatisfied the claimants have come up with the present appeal.