:1: IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 509 OF 2010 WITH STAMP NUMBER (APPLN.) NO.1960 OF 2010 Shri Datta Arjun Dessai & Anr. ... Applicants V e r s u s Shri Rama Babu Varak & 2 Ors. ... Respondents Shri S. S.Kakodkar, Advocate for the Applicant. Shri E. Afonso, Advocate for the Respondent No.3. CORAM : A. S. OKA, J DATED : 6 th AUGUST, 2010. P.C.: These applications are preferred in an Appeal preferred by the original claimants in a Claim Petition under Section 166 of the Motor Vehicles Act, 1988. The original claimants were parents of the deceased who died in a motor accident. The Appeal is preferred by the parents for enhancement of compensation. It appears that the father of the deceased died on 5th February, 2006. The present applications are made by the sons and daughters of the first Appellant ( father of the deceased ) for bringing their names on record. It is pointed out that Second Appellant being the widow of the first Appellant is one of the legal representatives who is already on record. :2: 2. The learned Counsel appearing for the third Respondent submitted that in view of a recent decision of the Apex Court, the first Appellant – father of the deceased is not entitled to the compensation. He submitted that the Tribunal awarded the compensation to the first Appellant which has been already received by the first Appellant. He submitted that as the first Appellant was not entitled to claim enhancement, it is not necessary to do exercise of bringing the legal representatives of the first Appellant on record. 3. Whether the first Appellant was entitled to the enhancement or not, is a question which will have to be decided on merits at the time of final hearing of the Appeal. As one of the legal representatives of the first Appellant is already on record, there is no question of abatement. The names of the other legal representatives will have to be permitted to be brought on record. The issue whether the first Appellant- father of the deceased was entitled to receive the compensation will have to be decided at the time of final hearing of the Appeal. Accordingly, the applications are allowed. Amendment to be carried out within two weeks from today. A. S. OKA, J at*