SUMANGLABEN RASIKLAL SHAH Vs. MAJ GEN BANISINGH DAGHAR

JUDGEMENT

(1.) Heard learned advocate Mr.Sandip C. Shah appearing with Mr.Arpan C. Shah for the petitioner, learned advocate Mr.Sunil Parikh for the respondent no.2, learned advocate Mr.Sunit S. Shah for the respondent no.8, learned advocate Mr.Maulik J. Shelat for the respondent no.4, Mr.Palak H. Thakkar for the respondent no.6. Perused the record and proceedings.

(2.) The appellants herein are original applicants in Motor Accident Claim Petition No.679 of 1992 before the Motor Accident Claim Tribunal, Kheda at Nadiad (for short the Tribunal). The claimants are parents of the victim of the road accident namely Sanjay Rasiklal Shah. They have claimed of Rs.2,00,000/- for compensation because of accidental death of their son wherein the Tribunal has passed the impugned consolidated judgment in group cases with M.A.C.P. No.561 of 1992 and awarded an amount of Rs.1,23,000/- to the appellants towards compensation by the impugned judgment and order dated 22.05.2001.

(3.) Learned advocates for both the sides have agreed that though there are in all eight respondents in appeal, the main issue is only with reference to the quantum of compensation that may be awarded to the claimants and that too by the respondents no.1 and 2 only because in the impugned judgment, Tribunal has already exonerated respondents no.3 to 8 from their liability and respondents no.1 and 2 have not preferred any appeal against such award, presence of other respondents are practically unwarranted. Therefore, as appeal is pending since the year 2006 and thereby, when record does not properly clarify the service of notice of all the respondents properly, when respondent no.2 Insurance Company admit it's liability to pay compensation to the claimants as per the impugned award, the service of notice , if at all unserved to upon any of other respondents, the same is hereby dispensed with.