B.N. Karia, J.

1. The appellants are aggrieved by decision of the learned Motor Accident Claims Tribunal (Main), Vadodara in M.A.C.P. No. 664/1991 and M.A.C.P. No. 665/1991 dated 11th July, 1997.

2. The only issue which requires adjudication by this Court is the quantum of compensation that ought have been awarded to the appellants, who were the claimants before the Tribunal in a proceeding under the Motor Vehicles Act, 1988. The compensation was sought on account of death of one Mr. Mukeshbhai Shah, by his legal heirs in MACP No. 664 of 1991; and Mr. Navinchandra Shah, by his legal heirs and representatives in MACP No. 665 of 1991.

3. To appreciate the controversy arising in these Appeals, certain facts are necessary to be highlighted.

4. As per the case of the petitioners in MACP No. 664/1991, on account of the accidental death of Mr. Mukeshbhai Shah, a claim for compensation of Rs. 25,00,000/- on various grounds was made before the Tribunal. As per the say of the petitioners, the deceased was 36 years of age at the time of the accident and was running his partnership business in various firms; over and above his personal business as a Commission Agent. It is further stated that the net income of the deceased was about Rs. 1,00,000/- per annum. That, if he would have survived, then his profit would have been much more out of the said partnership business plus his own business as a Commission Agent. It is averred in the petition that because of his untimely accidental death, the petitioners have undergone lot of mental pain, shock and suffering, loss in income as well as future economic loss. It was further averred that soon after the accident, the deceased was removed to a private hospital of Dr. Sheth, where intensive treatment was given, but unfortunately during the course of treatment, he succumbed to accidental injuries. Therefore, as per the averments of the petitioners, they are entitled to get compensation for all the incidental expenses incurred, as they were the dependents upon income of the deceased. That, on numerous grounds; including the ground of dependency benefit, they claimed the above referred compensation from the opponents plus costs and interest thereon.

5. As per the averments made by the petitioners in MACP No. 665 of 1991, on account of accidental death of Mr. Navinchandra Shah, they claimed compensation amounting Rs. 15,00,000/-. As per their averments, at the relevant point of time, the deceased was 51 years of age and was a partner in various firms; over and above, his personal business. He used to earn yearly income of Rs. 1,00,000/- and even more. It is averred in the petition that he was assessed for Income-tax also and if he would have survived then definitely his income and profit would have been much more out of the above sources. All the petitioners were dependents upon the income of the deceased and because of his untimely accidental death, the petitioners have undergone lots of mental pain, shock and suffering and suffered loss in income as well as economic loss. According to the petitioners, soon after the occurrence, the injured was admitted to the hospital, where he survived for few hours and therefore, the petitioners are entitled to get incidental expenses on various counts. Therefore, on numerous grounds, including the ground of dependency benefit, they claimed the abovesaid compensation from the opponents plus costs and interest thereon.

6. The learned Tribunal, after considering the records, depositions of the petitioners and documentary evidence, was pleased to award compensation of Rs. 8,65,000/- to the claimants in MACP No. 664 of 1991 and Rs. 5,60,000/- to the claimants in MACP No. 665 of 1991.

7. Heard learned advocate Mr. Maulik Soni for Mr. NK Majmudar, learned advocate appearing on behalf of the appellants and learned advocate Mr. Maulik J. Shelat appearing on behalf of the respondent No. 3.

8. Learned counsel for the appellants has vehemently urged that some amount on ac