M. B. SHAH, S. A. SHAH, J.

( 1 ) THE learned advocate for the appellants is not pressing his application (C. A. No. 249/78) for additional evidence and hence it is rejected.

( 2 ) BEING aggrieved and dissatisfied by the judgment band award dated 5/10/1977 passed by the Motor Accidents Claims Tribunal Surat in Motor Accident Claim Petition No. 34 of 1976 original opponents Nos. 51 and 2 who are held jointly and severally liable to pay the total compensation of Rs. 40 500 to the claimants-applicants have filed this appeal.

( 3 ) APPLICANT No. 1 is the husband of deceased Madangauri who died because of the scooter accident which took place on 7/10/1975 at about 5 p. m. on Navapura Karva Road in the City of Surat. Rest of the applicants Nos. 2 to 9 are sons and daughters of the deceased. It is their case that the deceased was aged about 38 years at the time of accident. On the day of the accident Bai Madangauri was going from Karva Road to 7 Zampa Bazar. She was was on the left side of the road. At that time opponent No. 1 who was driving the scooter bearing No. GTL 1618 came from the Zampa Bazar side to Karva Road on the wrong side will excessive speed in a very rash and negligent mann

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