M.R. SHAH, J.

1. As common question of law and facts arise in both these appeals and as such they are cross-appeals arising out of the impugned judgment and award passed by the learned Tribunal, both these appeals are heard, decided and disposed of by this common judgment and order. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accidents Claims Tribunal (Fast Track Court No. 1) at Ahmedabad (hereinafter referred to as 'the Tribunal') dated 31.1.2007 in M.A.C.P. No. 419 of 2000 by which the learned Tribunal has partly allowed the said appeal and has awarded a total sum of Rs. 6,93,000/- to the original claimants with running interest at the rate of 7.5 per cent per annum from the date of the application till the actual realization, the appellant National Insurance Co. Ltd. has preferred First Appeal No. 4485 of 2007.

1.1 Feeling aggrieved and dissatisfied with the aforesaid judgment and award passed by the learned Tribunal insofar as awarding a total sum of Rs. 6,93,000/- with running interest at the rate of 7.5 per cent per annum from the date of the application till realization, the original claimants have preferred First Appeal No. 5347 of 2007.

2. In a vehicular accident, which took place on 11.3.2000, the deceased Bhupendra Kanaiyalal Shah, who was travelling in a luxury bus, which dashed against a tree on the road resulting in the accident, died on the spot and, therefore, the original claimants of First Appeal No. 5347 of 2007 preferred claim petition before the learned Tribunal claiming Rs. 40,00,000/- towards compensation for the death of the deceased. It was the case on behalf of the original claimants that the deceased died in a road accident because of rash and negligent driving on the part of original opponent No. 1. It was the case on behalf of the original claimants that at the time of the accident/death the deceased was aged about 58/59 years and was serving in Bank of India as senior auditor and his salary was Rs. 22,201/- per month. It was the case on behalf of the original claimants that during his lifetime the deceased had established two firms, namely, S.M. Dyechem Industries and Soft Infosis, which were partnership firms, in which the claimants were also the partners. According to the original claimants, the deceased used to actively participate in the said firms and due to his efforts huge amount of profit had been earned by the firms and the deceased used to additionally receive Rs. 30,000/- per month towards the service from his two firms. Thus, at the relevant time, deceased was earning Rs. 50,000/- per month and, therefore, the original claimants claimed a sum of Rs. 40,00,000/- towards the compensation for the death of the deceased.

2.1 The claim petition was opposed by the insurance company-original opponent No. 2 by filing written statement at Exh. 13. It denied the income/business of the two firms. Learned trial court framed the issue at Exh. 19. On appreciation of evidence, learned Tribunal has held the driver of the luxury bus solely responsible for the accident. On appreciation of evidence, the learned Tribunal has considered the future loss of income/dependency at Rs. 1,34,000/- per annum considering the income of the deceased at Rs. 2,00,000/- per annum and, thereafter, applying the multiplier of 5 has awarded a sum of Rs. 6,70,000/- under the head of future economic loss and has awarded a further sum of Rs. 20,000/- under the head of loss of consortium and Rs. 10,000/- towards funeral expenses and by the impugned judgment and award has awarded Rs. 6,93,000/- as compensation for the death of the deceased with 7.5 per cent interest thereon from the date of application till realization.

2.2 Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal both the original claimants as well as the insurance company-original opponent No. 2 have preferred the present first appeals.

2.3 Mr. Dakshesh Meht