IMPORTANT POINT: The learned Tribunal held that the driver of the Truck contributory negligent to the extent of 85% and driver of the Maruti Car contributory negligent to the extent of 15% cannot be sustained.

M.R. SHAH, J.

1. As common question of law and facts arise in this group of appeals and as such arise out of the impugned common judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Ahmedabad Rural, Ahmedabad (hereinafter referred to as the “Tribunal”) passed in Motor Accident Claims Petition Nos. 452 of 2003 to 455 of 2003, all these appeals are decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Tribunal passed in MACP Nos. 452 of 2003 to 455 of 2003 in so far as holding the driver of the Truck No. GJ-1-AT-6785 contributory negligent to the extent of 85%, appellant herein-Insurance Company of said Truck, the New India Insurance Company Limited has preferred present First Appeals.

3. That the vehicular accident between the Truck No. GJ-1-AT-6785 and Maruti Car No. GJ-1-AR-5446 occurred on 26.01.2003 at about 12.30 a.m. That in the said vehicular accident driver of the Maruti Car No. GJ-1-AR 5446 and the passengers in the said Maruti Car died. That in the said accident, initially one Dilipbhai Ganeshbhai Patel who was also passenger in the Maruti Car sustained serious injuries. That at the time of accident Maruti Car was being driven by one Vikas Babusing Barot who died in the said accident. Thus, in the said accident one Janakbhai Ghanshyambhai Patel; Laljibhai Mangaldas Patel and Vikas Babusingh Barot (Driver of the Maruti Car) who all were passengers in the said Maruti Car died. In the said accident one another passenger of the Maruti Car Dilipbhai Ganeshbhai Patel sustained serious injuries and therefore, the heirs and legal representative of deceased Janakbhai Ghanshyambhai Patel, preferred MACP No. 453 of 2003 claiming Rs. 25 lakhs towards compensation; the heirs and legal representative of deceased Laljibhai Mangaldas Patel preferred MACP No. 454 of 2003 claiming Rs. 25 lakhs towards compensation; heirs and legal representative of the deceased Vikas Babusing Barot (driver of the Maruti car), preferred MACP No. 455 of 2003 claiming Rs. 25 lakhs towards compensation. As the injured Dilip Ganeshbhai Patel was seriously injured and he was unconscious at the relevant time and gone in Coma his wife Giraben Dilipbhai Patel preferred MACP No. 452 of 2003 claiming compensation of Rs. 25 lakhs. Thus, MACP Nos. 453 of 2003 to 455 of 2003 were fatal cases and MACP No. 452 of 2003 was injury case.

3.1. It was the case on behalf of the original claimants that on the date of accident i.e. 26.01.2003 at about 12.30 a.m. in the midnight., the injured Dilipbhai Ganeshbhai Patel along with the deceased Janakbhai Ghanshyambhai Patel; the deceased Laljibhai Mangaldas Patel and deceased Vikas Babusinh Barot were proceeding in a vehicle Maruti Zen Car No. GJ-1-AR-5446 (which was owned by the opponent no. 3) for the Vadodara on the Ahmedabad-Vadodara National Highway No. 8 and the said vehicle was being driven by the deceased Vikas Babusingh Barot and when they reached at nearby the Nandesary Cross roads opposite to the Gopi Hotel, on the National Highway No. 8, at that time, the driver of vehicle Truck No. GJ-1-AT-6785 (which was owned by the opponent no. 1) came in rash and negligent manner, with an excessive speed and, dashed front portion of his vehicle with the rear portion of said car and therefore, the vehicle Maruti Car turned turtle. As a result thereof, all the deceased sustained injuries and succumbed to said injuries, whereas the Injured Dilipbhai Patel sustained serious injurious of multiple fractures at both legs, ribs, skull bone along with the serious head injuries with hemorrhage. Thus, according to the original claimants the accident in question had occurred on account of rash and negligent driving of the driver of the vehicle Truck. The Crime regarding the accident in question