M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Jamnagar (hereinafter referred to as "the tribunal") in MACP No. 262/2002 by which the learned tribunal has awarded a total sum of Rs. 2,80,821/- to the original claimants towards compensation for the death of the deceased-Vimlaben, original opponent No. 3-National Insurance Co. Ltd. has preferred the present Appeal.

2. At the outset it is required to be noted that the accident and the deceased-Vimlaben died in a vehicular accident is not disputed. The only question for the consideration of this Court is whether the original Claim Petition at the instance of the original claimants for getting compensation for the death of the deceased-Vimlaben was maintainable and/or if maintainable, what amount original claimants were entitled to?

2.1 The deceased was a Doctor of Government Hospital and was drawing pension of Rs. 7200/- per month. Original claimant No. 1 was the brother of the deceased and original claimant No. 2 was the nephew of the deceased and son of original claimant No. 1, who were residing and staying separately. By