JUDGMENT :

1. Being aggrieved by the judgment and award dated 09.01.2019 passed in Motor Accident Claims Tribunal (Auxi) and 5th Additional District Judge, Jamnagar, the appellants herein are constrained to approach this Court by way of filing the present First Appeal challenging the said judgment and order, so far as quantum of compensation and contributory negligence are concerned.

2. The appellants - original claimants are the legal heirs and legal representative of the deceased, had filed present claim petition seeking compensation to the tune of Rs.12,00,000/- from the opponents on account of death of deceased due to injuries sustained by him in an accident which occurred on 07.01.2009 at the time and place specified in the petition involving the Tanker No.GJ-10-X-5828 which was being driven in a rash and negligent manner by the driver opponent No.1, which was of the ownership of the opponent No.2 and insured by Opponent No.3 and thereby sought for compensation as referred above.

3. As per the case of the appellants - original claimants, on 07.01.2009, the deceased was going on his bicycle from Vijaynagar Jakatnaka to Samarpan Hospital road on left side of the road, at same time the driver of the Tanker having registration No.GJ-10-X-5828 came in high speed and in rash and negligent manner and dashed with the deceased from behind. As a result of that the deceased succumbed to injuries and died. The complaint in that regard has been lodged with City B Division Police Station with regard to the accident. It is also the case of the appellants - original claimants that the deceased was aged about 40 years at the time of accident and was earning Rs.4,000/- by serving as watchman and also earning Rs.1,00,000/- from agriculture and was retired army man. On account of his untimely death the appellants are deprived of his income and have suffered great mental shock. Therefore, on above facts the applicants filed Claim Petition seeking compensation to the tune of amount of Rs.12,00,000/- under various heads such as loss of dependency, loss of expectation of life, consortium, funeral expenses etc, enunciated in Claim Petition with interest and costs from the opponents.

4. The learned Tribunal while deciding the aforesaid claim petition in the impugned judgment passed the following order :-

FINAL ORDER

1. The present Claim-petition is partly allowed.

2. The Opponents do pay the applicants an amount of Rs.5,76,250/- (Rupees Five Lakh Seventy Six Thousand Two Hundred Fifty Only), together with interest at the rate of 9% per annum, from the date of Judgment till realization within One Month.

3. The Opponents do pay costs of the applicant and also bear that of their own.

4. On depositing the aforesaid amount of compensation, deficit Court fees, if any, be deducted therefrom and amount of interim compensation would paid if any, be deduct first

5. Thereafter, from the remaining payable amount with interest and costs, the applicants No.-1 to 3 are ordered to be paid 30% by a/c. payee cheque on proper identification and thereafter, 70% of the share be deposited in the name of applicants No.-1 to 3 in a Nationalized Bank or in any Government Security of the choice of applicant for a period of five years keeping nomination clause with condition that no loan or advance would be admissible, but applicant would be entitled to get periodical interest that may accrue on said F.D.R. as per rules. While the 100% share of applicant No.-4 being Minor is ordered to be paid in the name of Minors through Applicant No.-2 in a Nationalized Bank or in any Government Security of the choice of applicant for a period of five years or till the time minor attain majority whichever is more and keeping nomination clause with a condition that no loan or advance would be admissible, but the guardian would be entitled to get periodical interest that may accrue on the said F