JUDGMENT :

1. The appellant herein – original claimant has preferred the present First Appeal under Section 173 of the Motor Vehicles Act against the judgment and award passed in Motor Accident Claim Petition No.358 of 2007 by the Motor Accident Claims Tribunal (Aux.), Gondal, Camp at Upleta, on 27.01.2009, by which, the Tribunal has awarded Rs.75,350/- with 9% interest p.a. The present appeal is preferred by the appellant for enhancement.

2. The brief facts of the present case are that, on 13.06.2007 at around 1:00 p.m., the present appellant and his wife Daxaben Naranbhai were going in Maruti Car bearing registration No.GJ-1-E-9012 which is owned by opponent No.3. When they reached near Labla Hotel on Jetpur-Junagadh road, near Jetalsar Junction, the tanker bearing registration No.GJ-11-U-9154 has tried to overtake one vehicle, has come on wrong side of the road, has dashed with the Maruti car. Due to such accident, wife of the appellant – Daxaben had expired and appellant himself has received various injuries like multiple fractures on right hand and also received head injuries and the appellant had taken treatment as indoor patient at Dhakan Hospital, Rajkot from 13.06.2007 to 18.06.2007. The appellant had received permanent disability due to such accident. Therefore, he has filed the claim petition for getting compensation of Rs.3 lakhs from the opponents. An offence has been registered before the Jetpur Police Station being C.R. I No.96 of 2007 against the opponent No.1.

2.1 The notices were issued by the Tribunal and respondent No.1 (owner of Tanker) and respondent No.3 (owner of Maruti) had not appeared, though served.

2.2 Respondent No.2 – National Insurance Company (insurance company of the tanker) has appeared and filed its objections at Exh.12 by contending that the Insurance Company is not liable as the provisions under Section 64 of the Insurance Act was not complied with. It was further contended that the driver of the vehicle No.GJ-11-U-9154 (Tanker) was not holding valid license, therefore the Insurance Company has denied its liability to pay any compensation, as claimed in the claim petition.

2.3 Respondent No.4 – United India Insurance Com. (insurance company of Maruti car) has also appeared and filed its written statement at Exh.18 by denying the averments made in the claim petition and has contended that the driver of Maruti car was not negligent and driver of the Tanker was solely negligent and therefore, there is no liability of opponent No.4 to pay any amount of compensation. It is submitted that opponent No.4 be exonerated from the liability to pay the amount of compensation.

2.4 The claimant has also filed affidavit in support of the claim petition at Exh.26 and has produced several documentary evidence like license, R.C. book, pay slip, medical certificates, etc.

2.5 The Tribunal has framed the issues and has also recorded evidence and after recording evidence and after hearing the arguments of the respective parties, the Tribunal has awarded Rs.73,550/- with 9% interest p.a. to the claimant and directed that respondents No.1 and 2 are jointly and severally liable to pay compensation to the claimant. The Tribunal has exonerated respondent No.3 from the liability.

2.6 Being aggrieved by and dissatisfied with the said award, the present appeal is filed by the appellant - claimant.

3. Learned advocate Mr. Tushar Sheth for the appellant – claimant has submitted that the Tribunal has erred in considering the amount of loss of income, more particularly prospective loss of income, which should be at least 40%, since the age of the claimant was 32 years at the time of accident and the Tribunal has considered the actual income only which is Rs.7,812/- per month, as the claimant was serving as police constable in Jetpur City Police Station.

3.1 Learned advocate for the appellant has further submitted that the multip