JUDGMENT :

Ajai Tyagi, J.

1. By way of this appeal, the claimants have challenged the judgment and award dated 15.11.2003 passed by Motor Accident Claims Tribunal/ District Judge, Gautam Budh Nagar (herein after referred to as ''Tribunal') in M.A.C.P. No.211 of 2001 (Shri Raghuraj Singh vs. Gyan Singh and others) awarding sum of Rs.9,62,000/- as compensation to the claimants with interest at the rate of 6% per annum.

2. At the very outset, it is relevant to mention that the claim petition was instituted by his father on account of death of a unmarried boy, who met with a road-accident. Initially, the mother of the deceased was not made party before the learned Tribunal though she was and is still alive. She being the class-1 heir as per Hindu Succession Act, 1956, should have been made party as claimant. It was on the face of record before the learned Tribunal that mother of the deceased was alive even though the learned Tribunal did not take pain to call upon the claimant to implead the mother as a party. Claim petition was decided in favour of claimant. Now at the time of hearin