The main legal point established in the judgment is the determination of negligence and liability under the Motor Vehicles Act, 1988, and the application of principles for calculating compensation, including future income and multiplier considerations.

JUDGMENT :

A.J. DESAI, J.

1. The present group of Appeals arise from the common judgment and order dated 28.1.2005 rendered by learned Motor Accident Claims Tribunal (Auxiliary), Surendranagar in Motor Accident Claim Petition Nos. 186, 191 and 190 of 1994. By the said judgment, the Tribunal has held the driver of the Luxury Bus having Registration No. GJ-1-U-1266 negligent in the vehicular accident in question and held the Insurance Company of the said Luxury Bus i.e. United India Insurance Company Limited, appellant herein, liable to pay compensation to the claimants.

2. The case in nutshell is as under:

2.1 That on 23.9.1993 at around 02.00 a.m. on Ahmedabad-Rajkot National highway in between Chotila and Sayla near Doliya boundary, one Maruti Car bearing Registration No. GJ-3B-9215 and Luxury Bus having Registration No. GJ-1-U-1266 collided with each other and two persons sitting in the Maruti Car lost their lives and one person sitting in the Maruti Car got injured.

2.2 It is further the case of the claimants that on the said date, Prabhatbhai was driving the Maruti Car and along with him Dipakkumar Khandheriya and Prabhatbhai Raydhanbhai Karetha and one Mahendrabhai Raydhanbhai Karetha were travelling. They were returning from Gandhinagar to Rajkot and the said Maruti Car was being driven by Prabhatbhai Karetha in a moderate speed and on the correct side of the road. They had left Gandhinagar in late evening and when they reached near Doliya boundary at around 2.00 a.m. on 23.9.1993, Luxury Bus No. GJ-1-U-1266 which was operated in the name of Pavan Travels which was driven by Devshibhai Mashribhai Mer in full speed and in negligent manner, came in wrong side and dashed with the said Maruti Car and due to the said accident, Dipakkumar Khandheriya and Prabhatbai R. Karetha succumbed to the injuries on the spot whereas Mahendrabhai Karetha sustained injuries and he was immediately shifted to the Hospital.

2.3 Thereafter, FIR was lodged, panchnama was drawn, map was also drawn, etc. formalities were carried out by the concerned Agency. Legal heirs of deceased Dipakkumar Khandheriya filed Motor Accident Claim Petition No. 186 of 1994 and claimed compensation of Rs. 80 Lacs from the respondents herein. Similarly, legal heirs of deceased Prabhatbhai Raydhanbhai Karetha filed Motor Accident Claim Petition No. 191 of 1994 and claimed compensation of Rs. 35 Lacs. Likewise, injured claimant i.e. Mahendrabhai Karetha filed Motor Accident Claim Petition No. 190 of 1994 and claimed compensation of Rs. 5 Lacs from the respondents i.e. driver, owner and Insurance Company i.e. present appellant. They also produced several documents in support of their claim.

2.4 The appellant Insurance Company resisted the claims by filing written statement at Exh.29 and 24 in the respective Claim Petitions and contended that there is contributory negligence on the part of the driver of the Maruti Car and also contended that the amount claimed by way of compensation is on the higher side.

2.5 The Tribunal framed issues and after considering the documentary as well as oral evidence led, ultimately held that the driver of the Luxury Bus having Registration No. GJ-1-U-1266 is solely negligent in driving the vehicle in rash and negligent manner in the vehicular accident in question and the appellant Insurance Company being the insurer of the vehicle in question is liable to pay the compensation. Accordingly, the Tribunal awarded an amount of Rs. 69 Lacs towards compensation to the legal heirs of deceased Dipakkumar Khandheriya (Claimants of MACP No. 186 of 1994), awarded an amount of Rs. 26,10,000/- towards compensation to the legal heirs of deceased Prabhatbhai Raydhanbhai Karetha (Claimants of MACP No. 191 of 1994) and awarded an amount of Rs. 3,40,000/- towards compensation to the injured claimant i.e. Mahendrabhai Karetha (MACP No. 190 of 1994). The above amount was awarded by the Tribunal with running interest @ 9% p.a. from the date of filing of the application