JUDGMENT

1. The counsel for the appellants prays for dispensing with the service of notices upon respondents Nos.1, 2, 4 & 6 at his own risk and cost.

2. Ordered accordingly.

3. The instant appeal is barred by a delay of 109 days. An application under section 5 of the Limitation Act has been preferred for condonation of delay occasioned in filing the appeal but the same is not seriously opposed by the counsel for the respondents.

4. For the reasons mentioned in the application, the same is allowed. The delay of 109 days occasioned in filing of the appeal is condoned.

5. With the consent of learned counsel for the parties, the matter is taken up for final disposal today itself and heard on merits.

6. The instant appeal has been preferred by the appellants against the judgment and award dated 09.09.2005 passed by the Motor Accident Claims Tribunal, Deedwana District Nagaur in Motor Accident Claim Case No.38/2000, whereby the Tribunal awarded a sum of Rs.2,74,000/- in favour of the claimants.

7. A claim petition was filed by the claimants on account of death of Manoj in the accident which occurred on 31.10.1997.

8. Learned Tribunal after framing the issues and hearing counsel for the parties,