JUDGMENT :

1. By way of this Appeal, the Appellants have challenged the judgment and award dated 03.11.2017 passed by the learned Motor Accident Claims Tribunal (Auxi.-2), Gandhidham-Kachchh in M.A.C.P. No.385 of 2012.

2. Heard learned Advocate for the appellants Mr. Nilesh

M. Shah, who submitted that the appellants are the legal heirs of the deceased – Laxmansinh Madanji Sodha, the owner of the Truck No.GJ-12-Y-7345 who was opponent No.2 before the learned Tribunal. It is further submitted that the deceased died on 09.09.2016 and probably this fact may not have been known to the learned Tribunal and in absence of the owner, the M.A.C.P. has been decided wherein the liability has been laid down on the deceased owner. It is further submitted that the learned Tribunal was required to call for the details from the Investigating Officer by following the provisions of Section 166(4) of the Motor Vehicles Act, 1988 (hereinafter referred to in short as the ‘M.V. Act’) or information under Form 54 of the Central Motor Vehicles Rules, 1989. It is further submitted that the learned Tribunal should verify the fact of the availability of the Driving License of respondent No.1 since without the dr