M.R. SHAH, J.

1. As common question of law and facts arise in this group of appeals and as such arising out of the impugned common Judgment and Award passed by the learned tribunal and arising out of the same accident, 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 Motor Accident Claims Tribunal (Auxiliary), Dhrangadhra in Motor Accident Claim Petition Nos. 233 to 236 of 1998, appellant herein-original opponent No.3-United India Insurance Co. Ltd.-insured-Insurance Company of the Motor Truck bearing registration No. GTX-2584 has preferred First Appeal Nos. 2188 to 2191 of 2002, contending inter-alia that the respective claim petitions at the instance of the original claimant, who was not dependent upon the respective deceased, were not maintainable and therefore, the learned tribunal has erred in entertaining and allowing the respective claim petitions.

2.1 First Appeal No. 2192 to 2195 of 2002 are as such Cross-Appeals being filed by the original claimant to enhance the amount of compensation feeling aggrieved and dissatisfied with the impugned common Judgment and Award passed by the learned tribunal in the aforesaid claim petitions.

3. Facts leading to the present First Appeals, in nutshell, are as under:-

3.1 In a vehicular accident which occurred on 18/2/1992 between two vehicles namely Fiat Car bearing registration No. GBW 1441, which at the relevant time was being driven by the deceased Darpeshbhai Lalitbhai Banker and Motor Truck bearing registration No. GTX 2584, near Village Malanpur, at about 7:30 AM, all the occupants of the fiat car who were belong to one family, sustained fatal injuries and died. One Diptiben Ureshbhai Vora claiming to be heirs and legal representative of all the deceased, who, as such, has been residing and settled at USA since 1982 has filed respective claim petitions before the learned tribunal claiming compensation, more particularly filed Motor Accident Claim Petition No.233 of 1998 claiming compensation of Rs.5 Lacs for the death of Indiraben Lalitbhai Banker (mother of the claimant); Motor Accident Claim Petition No. 234 of 1998 claiming compensation of Rs.9 Lacs for the death of Dipikaben Darpeshbhai Banker (sister-in-law of the claimant); Motor Accident Claim Petition No. 235 of 1998 claiming compensation of Rs.5 Lacs for the death of deceased Darpeshbhai Lalitbhai Banker-driver of the Fiat Car (brother of the claimant) and Motor Accident Claim Petition No. 236 of 1998 claiming compensation of Rs.5 Lacs for the death of deceased Lalitbhai Manilal Banker (father of the claimant).

3.2 That all the claim petitions were opposed by the appellant-original opponent No.3-insurer-Insurance Company of the Motor Truck involved in the accident by filing Written Statement contending inter-alia that as the original claimant has been settled in America since 1982 and was not dependent upon the respective deceased, and therefore, respective claim petitions were not maintainable. Therefore, it was requested to dismiss the respective claim petitions.

3.3 The respective claim petitions were opposed on the ground of negligence of the deceased Darpeshbhai Lalitbhai Banker who was driving the Fiat Car. Alternatively it was also pleaded that the accident was a head on collision and therefore both the drivers should be held negligent equally.

3.4 That on appreciation of evidence, the learned tribunal by impugned common judgment and order has partly allowed the respective claim petitions as under :-