The main legal point established in the judgment is the determination of negligence in a motor vehicle accident and the calculation of fair compensation for the claimants.

JUDGMENT :

(Mauna M. Bhatt, J.)

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“The Act” for short), is filed by original claimants as appellant, challenging the judgment and award dated 30.8.2010, passed by the Motor Accident Claims Tribunal (Main), Bharuch in MACP No.386 of 2008, wherein the Tribunal awarded total compensation of Rs.25,31,360/- with interest @ 9% p.a. from the date of filing of claim petition till realization with proportionate costs. In relation to negligence, the Tribunal held driver of Truck No. RJ-04-GA-0637 negligent, to the extent of 80% and driver of motorcycle No. GJ-16-R- 9658, negligent to the extent of 20%.

2. Brief facts are as under:

2.1. On 17.4.2008, at around 8.00 a.m., Maheshprasad Kishan Singh was going on his motorcycle No. GJ-16-R-9658 to reach at Ankleshwar Railway Station to catch train to attend to his job. When he reached near Jayaben Modi Hospital, at that time one Truck No. RJ-04-GA-0637 driven by original opponent No.1, came in full speed in rash and negligent manner and collided with motorcycle resulted into accident. Maheshprasad Kishan Singh (hereinafter referred to as “the deceased”), sustained severe injuries and succumbed to the same.

3. For the said accident, the legal heirs of the deceased filed Claim Petition under Section 166 of the Act seeking compensation of Rs. 40 Lacs.

4. Upon claim petition being filed, notices were issued. The respondent – Insurance Company appeared and filed its written statement. It was case of the original claimants that the accident occurred on account of sole negligence on part of the driver of the Truck No. RJ 04 GA 0637. It was further their case that the deceased was serving in Bank of Baroda at Pandesara Branch, Surat and drawing salary of Rs.19,455/-per month. The deceased was healthy with fair chances of promotions in his service.

5. The Tribunal after hearing the parties and upon appreciation of evidence on record decided the issues as under:

6.1. In relation to negligence, the Tribunal held driver of Truck No. RJ 04 GA 0637, as negligent to the extent of 80% and driver of Motorcycle No.GJ 16 R 9658, negligent to the extent of 20%.

6.2. In relation to compensation, the Tribunal awarded total compensation of Rs.31,64,200/- and after deducting 20% contributory negligence of driver of Motor Cycle (the deceased), awarded Rs.25,31,360/- to the appellants – original claimants. The Tribunal assessed the income of the deceased at Rs.19,455/- p.m. and from income after deducting tax, assessed income at Rs. 17,440/-per month. 50% was added towards future prospective income. 1/3rd was deducted towards personal expenses to arrive at dependency loss. As the deceased was 36 years of age, multiplier of 15 was made applicable. The Tribunal under other conventional heads awarded compensation of Rs.25,000/- and after deducting 20%, contributory negligence of the deceased, awarded compensation of Rs.25,31,360/-. Aggrieved by the negligence held as well as quantum of compensation awarded, present appeal is filed by the original claimants.

7. Heard Mr. Anurag V. Agrawal, learned advocate for the appellants – original claimants and Mr. Maulik Shelat, learned advocate for the Insurance Company – Respondent No.3. As liability has not been denied, presence of other respondents is not necessary and dispensed with. The Record and Proceedings of the case have been secured from the Tribunal and placed before this Court for perusal.

8. Mr. Anurag Agrawal, learned advocate for the appellants submitted that the Tribunal is in error in holding, the driver of motorcycle (the deceased), negligent to the extent of 20% for occurrence of the accident. Relying upon FIR filed by cleaner of the truck- Exh.33, he submitted that it is stated in the FIR that, the driver of the truck lost control over the steering and by going wrong side, the truck dashed with motorcyc