BHAWANI SINGH, C. J.

( 1 ) THESE appeals have arisen out of the award passed by the MACT (Aux) Baroda in MACP No. 386 of 1990 dated april 30, 1996. Whether reporters of Local Papers may be allowed to see the Judgment?

( 2 ) BRIEFLY stated, Jigishbhai alias Jignesh Patel (deceased) was going from Baroda to Dabhoi driving his fiat Car No. GA 8799 on correct side of the road. When his car reached between village Thuvavi and Fertikui, truck bearing Registration No. GTP 7094 driven by opponent No. 1 came from opposite direction at full speed it went on the the wrong side of the road and dashed with the front right portion of the Fiat Car. Car was completely smashed and deceased died on the spot due to injuries sustained by him. The allegation is that the death was caused due to rash and negligent driving by opponent no. 1 owner and driver of the truck, insured with m/s. United India Insurance Co. ltd. (opponent No. 2 ). Further, it is stated that the deceased was earning rs. 17,000. 00 p. m. He was young person of 23 years, quite healthy. His grand father (70) was alive at the time of accident, so also his grand mother. His father was aged 47 year old at that time. Initially, deceased was working honorary in Kishan Multipurpose Coop. Society ltd. at Dabhoi dealing in agricultural, vegetable produce, fertilizers, seeds, insecticides etc. and was supplying grams and fodder to the police department in the city of Baroda (Rural), Districts of Surat, Bharuch, anand and Idar etc. through other registered Cooperative societies. After rendering honorary service for six months, society was satisfied with his work, therefore, by resolution dated 7. 8. 88, appointed him in the society on salary of Rs. 3000. 00 p. m. plus 7% commission on sale proceeds. Security of Rs. 25000. 00 was also obtained from the deceased. During the year 1988-89, deceased was paid commission of Rs. 79,119. 75 ps. plus Rs. 36000. 00 as salary. For the period from 1. 7. 1989 to 31. 12. 1989, he was paid Rs. 37,337. 01 towards commission and Rs. 18,000. 00 as salary for six months. Besides, deceased was cultivating land admeasuring 18 acres situated at village tatarpura, Taluka Baroda in the joint names of deceased, his grand mother and mother. It was irrigated land and the deceased was taking crop of Jivar and Batoo for horses. The total gross income for the year 1988-89 out of the agricultural work was Rs. 62,000. 00. He was the only child in the family, therefore, family suffered great shock on his death. They claimed compensation for love and affection to the tune of Rs. 30,000. 00 and rs. 20,000. 00 for loss of expectancy of life. Initially, claimants claimed the compensation of Rs. 30 lac but later doubled the claim by amending the claim petition (Exh. 23)

( 3 ) OWNER and driver did not file written statement nor appeared at any stage before the claims tribunal to contest the claim. The Insurance Co. did not seek permission under section 170 of the Motor Vehicles Act, 1988 to contest the claim on all available grounds. However, it filed the written statement Exh. 14 and submitted that the claimants were not entitled to get the compensation. Taking place of accident has been disputed. The manner in which the accident took place has also been disputed. It is denied that the truck dashed with the car and the deceased suffered injuries on account of which he died. Alternatively, it is submitted that the Fiat Car was being driven at excessive speed and negligently by the deceased, therefore, he was responsible for the accident. The claim is, otherwise, excessive and both, car driver and truck driver contributed to the accident, car driver should be held more responsible for the accident.

( 4 ) ON the pleadings of the parties, the Claims tribunal framed issues (Exh. 22 ). After recording the evidence, the tribunal held that the claimants have proved that the deceased died due to rash and negligent driving by driver of truck. Compensation of rs. 29,15,000. 00 with proporti

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