Jayant Patel, J.—The present appeal is filed against the judgment and award passed by the Tribunal dated 10th December, 2001 in MACP No. 503 of 1999 whereby the Tribunal has awarded compensation of Rs. 6,56,738/- with interest @ 9% per annum.

2. The relevant facts are that the deceased Narendrakumar Joshi with his wife Sunandaben Narendrakumar Joshi were going in Maruti car, bearing No. GJ-1-AR-7268, from Mandvi to Ahmedabad through Limbdi. When they reached near Limbdi at about 4.00 a.m. on 6.11.1998, a truck, bearing No. GJ-8-U-1177, driven in rash and negligent manner, dashed with the maruti car. As a result thereof, the maruti car was damaged and deceased Narendrakumar as well as his wife Sunandaben sustained injuries. Initially, they were admitted in the Limbdi Government Hospital and thereafter for further treatment they were shifted to Ahmedabad. Deceased Narendrakumar was operated by Dr. Hitesh Mehta and after the operation, in the hospital itself, within seven days, he expired. It gave rise to filing of two claim petitions, one being MACP No.503 of 1999, preferred by the legal heirs of the deceased Narendrakumar Joshi on account of his death and another was preferre