1. The present appeal is filed by the original claimants under S.173 of the Motor Vehicles Act seeking enhancement of the claim which was partly allowed by the learned Motor Accidents Claims Tribunal, Surat for an amount of Rs. 1,66,000 with 9 per cent interest and costs by the impugned judgment and award dated 5.5.2009 passed in MACP No. 9 of 1987. By the said judgment and award the Tribunal has exonerated respondent No. 2 - insurance company and has held respondent No. 3, the owner of the offending vehicle, liable towards the aforesaid award.

2. The facts in a nutshell as emerge from the record of the appeal are as under:
2.1 The deceased, viz., Vitthalbhai Somabhai who was son of appellant No. 1 (expired pending the claim petition, deleted) and the brother of the appellant No. 2 along with one Vinubhai was walking on the footpath as pedestrian on 14.6.1986. Suddenly one luxury bus bearing registration No. GTK 3001 came in full speed being driven by the respondent No. 1 in a rash and negligent manner and dashed against the deceased from behind. Deceased received serious injuries and died on the spot.
2.2 The claimants being heirs and legal representatives of deceased preferred cla