JUDGMENT :

R.M.CHHAYA , J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 23.3.2009 passed by the Motor Accident Claims Tribunal (Aux), Vadodara in MACP no.1429/93, the appellantsoriginal claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Heard Mr. Harshadray A. Dave, learned advocate for the appellants – original claimants, Mr. Iqbal Malik, learned advocate for respondents no.1 and 2 and Mr. Anal Shah, learned advocate for respondent no.3 – insurance Company. Appellant no.4 – Shardaben, mother of the deceased had died during pendency of this appeal. Mr. Dave, learned advocate for the appellants-original claimants seeks permission to delete appellant no.4 as her estate is represented by other appellants. Accordingly, appellant no.4 stands deleted from the array of this appeal.

3. Following facts emerge from the record of the appeal:-

3.1 That, the accident took place on 14.5.1993 at about 12:15 p.m. to 12:30 p.m. It is the case of the appellants-original claimants that the deceased Vaghajibhai was driving the scooter bearing registration no. GJ-17 7193 from Keval Paper Mill, situated in Timba Village and was proceeding towards Sevaliya for taking his meals from the place of his service. It is the case of the appellants–original claimants that when he reached near the nala opposite S.I. Quarry at about 5.00 kms., a truck bearing registration no. GTJ 5318 came from opposite direction being driven in a rash and negligent manner and dashed first with the cyclist who was going ahead of deceased Vaghajibhai and then it dashed with the scooter driven by the deceased Vaghajibhai, because of which, the deceased Vaghajibhai fell down and came under the truck and sustained serious injuries and died on the spot. An FIR was lodged with Pandu Police Station bearing CR no. I-36/93 at Exh.27. The present claim petition was preferred by the appellants – original claimants under Section 166 of the Act and claimed compensation of Rs.73,41,000/-.

3.2 It is the case of the appellants-original claimants that the deceased was 42 years old on the date of the accident and was earning Rs.3,71,817/- per year from the technical consultancy as well as the business and was also doing bullion business. The respondent– insurance Company filed its written submissions at Exh.25. One of the claimant– Kusumben was examined at Exh.26 and over and above the same, the appellants – original claimants relied upon the documentary evidences, such as, copy of the complaint Exh.27, copy of the Panchnama Exh.28, insurance policy of truck bearing registration no. GTJ 5318 Exh.42, postmortem report of the deceased Vaghajibhai Exh.29, Partnership Deed of Keval Paper Mill Mark 19/5, Partnership Deed of Ganesh Trading Company Mark 19/6, income-tax returns of Keval Paper Mill of the years 1991-92, 1992-93 and 1993-94 Mark 19/7 to 19/9. It is the case of the appellantsoriginal claimants that the deceased was a Science graduate with Chemistry and thereafter, was working with Gujarat paper mill at Bareja and thereafter, he started Keval paper mill at Timba, Godhra. The said mill on the said date of the accident was a partnership firm. It is also the case of the appellants – original claimants that the deceased had agriculture land and was cultivating the same and over and above the same, the deceased had business from Share Market. The appellants – original claimants also examined Chartered Accountant – Shri Arun Soni at Exh.29 and also taken into consideration the income-tax returns for the accounting years 1991-92, 1992-93 and 1993-94 produced on record and on the said basis, it was contended that the deceased had income of Rs.40,000/- per annum. The Tribunal, after adopting multiplier of 13, awarded Rs.5,20,000/- under the head of future loss of income. Over and above the same,