ORAL JUDGMENT

1. Heard learned advocates for the respective parties.

2. Present First Appeal stood abated qua appellant No.2 – owner of the offending vehicle.

3. Present First Appeal challenges the judgment and award passed by the learned MACT, Gandhinagar, whereby the learned Tribunal has partly allowed the claim petition observing that the claimants were entitled for the compensation of Rs.8,34,250/- jointly and severally from the appellants herein along with interest at the rate of 9% from the date of filing the claim petition till realization .

4. Learned advocate Mr. Hemant Shah for the appellant submits that the driver and owner of both the vehicles are different parties. He would further submit that the judgment and award passed by the learned Tribunal for them are different and distinct. Though they were joined together in a single litigation, their rights are independent. Therefore, he would submit that despite the death of the owner of the vehicle, the driver could maintain the appeal individually and severally and therefore, the appeal is maintainable. Upon such submission, he prays to decide the appeal on its own merit.

5. On the other hand, learned advocate Mr. Darji for th