JUDGMENT :

A.J.DESAI, J.

1. By way of the present appeal under section 173 of the Motor Vehicles Act,1988, the appellants- original claimants have challenged the judgment dated 10/05/2012 and award dated 21/05/2012 passed by Motor Accident Claims Tribunal (Auxi.), City Civil Court, Ahmedabad in Motor Accident Claims Petition No.474 of 2003 for enhancement of amount of compensation awarded by the Tribunal as well as findings of the Tribunal about negligence of the driver of the car, in which, the deceased was traveling, to the extent of 20%.

2. The appeal came to be admitted vide order dated 04/09/2012. As per the order dated 12/01/2015, record and proceedings were called for from the learned Tribunal, which has been received by the Registry and has been placed for perusal of this court at the time of final hearing today for deciding the appeal finally.

3. We have heard Mr.Ketan Dave, learned advocate as well as Mr.Rajesh Shah, learned advocate appearing for the appellants as well as Mr.Palak Thakkar, learned advocate appearing for the contesting respondent-Insurance company, who had insured the vehicle i.e. truck bearing registration No.GJ-2U- 8702, with which the vehicle of the deceased (car) dashed.

4. Short facts, arising from the record of the case, are as under:

That the deceased Harubhai Mehta, who was aged about 70 years and practicing senior lawyer of the High Court of Gujarat, was traveling in his Maruti Suzuki Car having registration No.GJ-18-A-4799, which was driven by his driver and when he was traveling on 01/12/2001 at about 8:00 p.m. along with his brother Mahendrabhai towards Bhavnagar and when he reached at the place of incident about 8 O'clock in the evening, the car dashed with the truck bearing registration no. No.GJ-2U-8702, which was wrongly parked on the road without any warning lights or applying any reflector or keeping parking lights on. The deceased Harubhai Mehta as well as his driver sustained serious injuries and succumbed to the death on the spot, whereas his brother Mahendrabhai sustained serious injury, for which, he was admitted in the hospital.

An FIR at Exh.29 was registered with Velavadar Police Station at the instance of injured Mahendrabhai. Subsequent to the filing of the FIR, scene of offence panchnama at Exh.30 was prepared along with preparation of map of the incident. The present appellant No.1 being widow of deceased Harubhai Mehta and appellant No.2 being son of the deceased filed a claim petition under section 166 of the Motor Vehicles Act and claimed compensation to the tune of Rs.1,26,25,000/- along with interest at the rate of 15% per annum. Insurance company of the truck filed written statements and opposed grant of any compensation, as prayed for, by the original claimants.

After considering the computation of income produced by the original claimants, learned Tribunal by impugned judgment and award held the dependency income to the tune of Rs.5,88,075/-. Out of said amount, 20% was deducted on the ground that driver of the Maruti Suzuki car, in which, the deceased was traveling, was held negligent to the extent of 20% for the accident in question and therefore, it was held that the original claimants would be entitled to get dependency income to the tune of Rs.4,70,460/- for future loss of income.

Thereafter, Rs.5,000/- was awarded towards funeral charges, Rs.20,000/- was awarded towards loss of consortium and Rs.10,000/- was awarded towards loss of estate and in all, it was held that the original claimants would be entitled to get total amount of Rs.5,05,460/- as compensation with interest at the rate of 9 % per annum from the date of presentation of the petition till the amount is deposited. Hence, this appeal.

5. Mr.Ketan Dave, learned advocate appearing for the appellants would submit that learned Tribunal has committed a grave error in calculating the income of the deceased. By taking us through the computation of income at Exhs.43, 44 and 45, he would submit that learned Tribuna