The main legal point established in the judgment is the re-assessment of the claimant's income and future loss of income for the calculation of compensation.

JUDGMENT :

Mauna M. Bhatt, J.

1. These Appeals under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short), are filed by the appellants – original claimants, challenging the common judgment and award dated 30.04.2005, passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claims Petition Nos. 234 and 235 of 1992. The First Appeal No.2113 of 2008 arises out of MACP No.234 of 1992 and First Appeal No.2238 of 2008 arises out of MACP No.235 of 1992. Both these appeals are filed by original claimants as appellants wherein respondent No.3 is Insurance Company of Truck No. MCU–4046 and respondent No.5 is Insurance Company of Scooter No. GJ–12–4946.

2. As both these appeals arise out of same accident and were decided by common judgment and award dated 30.04.2005, they are heard and decided together.

3. Following facts emerge from the record of the Appeals:

3.1 That on 07.02.1992, Rasik Ambalal along with his two friends namely Mahesh Rajabhai Prajapati and Dilip Velji Prajapati were going from Samakhiali to Anjar. They were on Scooter No. GJ–12–4946, wherein Mahesh Rajabhai Prajapati was sitting behind Rasik Ambalal (driver) and Dilip Velji Prajapati was sitting behind Mahesh Rajabhai Prajapati. It was case of the original claimants that they were going on a scooter, with a moderate speed on the correct side of the road after following traffic rules. When they reached between Vondh and Bhachau on National Highway, one Truck No.MCU–4046 came from the opposite direction and while trying to overtake the other truck came on wrong side and dashed with the scooter resulted into an accident. For the said accident, Mahesh Rajabhai Prajapati (hereinafter referred to as “the deceased”) died on the spot and Dilip Velji Prajapati sustained serious injuries. For the said accident, a complaint was lodged, which is at Exh.42, panchnama of scene of incident was prepared, which is at Exh.43. For the said accident, Dilip Velji Prajapati (injured claimant) filed claim petition seeking compensation of Rs.30,00,000/- and legal heirs of the deceased Mahesh Prajapati, filed claim petition seeking compensation of Rs.30,00,000/-

3.2 Upon claim petitions being filed, notices were issued. The respondents–Insurance Companies appeared and filed their written statements. The Tribunal, after hearing the parties and on consideration of evidence on record, decided the issues as under :

FIRST APPEAL NO 2113 OF 2008 (MACP No.234 of 1992) :

(i) In relation to negligence, the Tribunal held the driver of truck as sole negligent for occurrence of the said accident.

(ii) In relation to compensation, the Tribunal awarded total compensation of Rs.3,79,600/- with interest @ 12% per annum from the date of filing of the claim petition till 31.12.1997 and thereafter, from 01.01.1998 till payment @ 9% per annum with proportionate cost under different heads as under:

The Tribunal held opponent Nos.1, 2 and 3 (driver/owner and Insurance Company of the truck) as jointly and severally liable for the payment of compensation.

FIRST APPEAL NO. 2338 OF 2008 (MACP No.235 of 1992):

(i) In relation to negligence, the Tribunal held the driver of truck as sole negligent for occurrence of the said accident.

(ii) In relation to compensation, the Tribunal awarded total compensation of Rs.4,06,000/- with interest @ 12% per annum from the date of filing of the claim petition till 31.12.1997 and thereafter, from 01.01.1998 till payment @ 9% per annum with proportionate cost under different heads as under: