( 1 ) THIS appeal arises out of the judgment and award which came to be given by the Motor Accident Claims Tribunal No. 8 (Aux.), Ahmedabad in Motor Accident Claim Petition No. 47 of 1990. The claim was preferred by widow and children of Mangabhai, who died in a vehicular accident. The accident occurred on 9-5-1989 and the vehicle involved in it was a trailer truck bearing No. GRD 2979. At about 10-00 p. m. husband of applicant No. 1 was proceeding with an hand-cart from Subhash Bridge towards his residence. As originally pleaded, the truck was driven by opponent No. 1 and on account of his negligent driving said Mangabhai was knocked down with fatal consequences. The claimants had claimed Rs. 2 lakhs.

( 2 ) IN the course of time, opponent No. 6 came to be joined as owner and opponent No. 7 came to be joined as driver of the said vehicle. This change was brought about by application Exh. 8 before the trial Court. This application had become necessary because, the R. T. O. record revealed that the vehicle was in the name of the Executive Engineer, Public Works Department of the State of Gujarat. The said Officer, on receipt of the summons, had addressed a letter to t