(1.) Being aggrieved by the judgment and award passed in MACP no.592 of 2011 by MACT (Aux.), Anand dated 2.2.2017, the present appeal is filed by the claimants under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"). Respondent nos.1, 2 and 4 are driver and owners of the vehicle involved in the accident and though served, no one represent them.
(2.) Heard Mr. Nisarg Shah, learned advocate for the appellant, Mr. Sunil Parikh, learned advocate for respondent no.3 and Mr. Rajni Mehta, learned advocate for respondent no.5. As the appeal is directed qua the quantum, the same is heard for final hearing with the consent of the learned advocates appearing for the respective parties.
(3.) The record and proceedings of the Tribunal as well as the appeal reveal the following noteworthy facts:-