(Per : MR.JUSTICE N.G.NANDI)
1.It is stated by Ms. Manisha Lavkumar learned AGP for State of Gujarat that there is no objection in permitting the applicants to file the Appeal under Section 173 of the Motor Vehicles Act as an indigent person. Ms. Rupal Patel learned counsel on 14.3.2002 accepted the notice for opponent no.1 - GSRTC. She is not present today. The applicants are the widow and two minor children left behind by the victim in the accident and the mother of the deceased.
2.In view of the above statement made by learned AGP and no opposition to the application by opponent no.1
- GSRTC, the request needs to be granted. The applicants are permitted to file the Appeal, as an indigent person, under Section 173 of the Motor Vehicles Act against the impugned award and judgement.
3.Misc. Civil Application is allowed accordingly. Rule made absolute.
4.Appeal be numbered and be listed for admission hearing in due course.
(N.G.Nandi,J.) (J.R.Vora,J.) (vipul)