The main legal point established in the judgment is the re-evaluation of evidence and legal precedents to determine negligence and assess compensation in a road accident case.

JUDGMENT :

Mauna M. Bhatt, J.

1. These cross appeals under Section 173 of the Motor Vehicles Act, 1988 ('the Act' for short) are filed challenging the common judgment and award dated 26.2.2010, passed by learned Motor Accident Claims Tribunal (Auxiliary), Himmatnagar in MACP No.964 of 1997 and MACP No.965 OF 1997 , wherein the tribunal allowed both the claim petitions in part.

2. First Appeal No. 2791 arises out of MACP No.964 of 1997, whereas First Appeal No.2792 of 2010 arises out of MACP No.965 of 1997. As both the claim petitions are arising out of same accident and decided by common judgment and award dated 26.02.2010, with the consent of the parties they are heard and decided together.

4. The facts in brief are as under: -

4.1 On 30.6.1997 at around 10.30 a.m., Rashmibhai Manibhai Amin along with Krushan Krupeshkumar Patel were going from Ahmedabad to Godhra in Maruti Car No. GJ-1-PP-471. When they reached near village Veganpur sim, a truck No.GJ-17-X-2655, came from opposite direction in rash and negligent manner and dashed with the Maruti Car. Due to said collision, Rashmibhai Amin sustained grievous injuries and succumbed to the same. Co- passenger- Krushan Patel aged 13 years sustained injuries and was taken to hospital for treatment.

4.2 Legal heirs of deceased Rashmibhai Amin preferred Motor Accident Claim Petition No.964 of 1997 under Section 166 of the Act seeking compensation of Rs.35 Lacs, whereas Krushan Patel preferred Motor Accident Claim Petition No.965 of 1997 under Section 166 of the Act seeking compensation of Rs.1,50,000/-. It was case of both the original claimants in their respective claim petitions that the accident occasioned on account of rash and negligent driving on the part of the driver of the Truck. For the said accident, FIR was lodged and Panchnama was drawn.

4.3 Upon claim petitions being filed, the learned Tribunal issued notices. The respondents appeared and filed their respective written statements to the claim petitions. Respondent No.6 - United India Insurance Company Limited, is the company with whom Maruti Car having registration No. GJ-1-PP-471 was insured, whereas, Respondent No.3 - The New India Assurance Company Limited is the company with whom truck bearing Registration No.GJ-17-X-2655 was insured

4.4 The Tribunal upon hearing the parties and after appreciation of evidence, decided the issue as under : -

(i). In relation to negligence, the Tribunal in both the claim petitions held the driver of the Truck negligent to the extent of 80% and driver of the Car i.e. deceased Rashmibhai Amin negligent to the extent of 20%.

(ii). In relation to compensation, the Tribunal in MACP No.964 of 1997(in case of deceased Rashmibhai Amin), assessed the income of the deceased at Rs.3,000/- per month and after deducting personal expenses and applying the multiplier of 15, assessed the dependency loss at Rs.3,60,000/-. The tribunal also awarded Rs.25,000/- towards other conventional heads and after deducting 20% negligence of the deceased, awarded total compensation of Rs.3,08,000/- .

(iii). In MACP No.965 of 1997 i.e in the case of injured claimant - Krushan Patel, the Tribunal after considering the Disability Certificate at Exh.79, assessed the disability at 10% and accordingly awarded Rs.27,000/- towards loss of dependency. The tribunal further, awarded Rs.3,000/- towards actual loss of income, Rs.10,000/- towards pain, shock and suffering and Rs.6,000/- towards special diet and attendant charges. Thus, the Tribunal has awarded total compensation of Rs.46,000/-.

5. Aggrieved by the negligence held and quantum of compensation awarded, First Appeal No 2791 of 2010, is filed by the legal heirs of deceased Rashmibhai Amin and aggrieved by the quantum of compensation awarded First Appeal No. 2792 of 2010 is filed by the original claimant Krushan Patel.

Heard Learned Advocate Mr. Hiren Modi for appellant in