JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the original claimants as appellants challenging the judgement and award dated 20/09/2005, passed by the Motor Accident Claims Tribunal (Auxiliary), Bharuch Camp at Rajpipla in Motor Accident Claim Petition No.1014 of 1989, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.2,28,500/- was awarded with proportionate costs and interest at the rate of 6% per annum from the date of filing of the claim petition till realization. Tribunal further directed that original opponent Nos.5 & 6 i.e. owner and insurance company of Truck No.M.W.U-2328 are jointly and severally liable for the payment of compensation.

2. Brief facts, arising from the record, are as under: On 28/04/1989, Sanabhai @ Chhanabhai was travelling in Truck (dumper) bearing registration No.GTY-6833, which was driven by the driver, who is claimant in MACP No.587 of 1991. When Sanabhai was travelling in truck from Motvan and was going to the village Bhadarva, at that time, on Ankleshwar Rajpipla State High Way, near Gamkuva Bus stand, one truck bearing registration No.MWU-2328 came from opposite direction with full speed in negligent manner and while overtaking, by proceeding towards wrong side, dashed with truck (dumper) No.GTY-6833,, which resulted into an accident. Resultantly, Sanabhai @ Chhanabhai sustained serious injuries and was admitted in the Rajpipla Hospital at the first instance and thereafter, was shifted to SSG Hospital at Vadodara. Sanabhai @ Chhanabhai (hereinafter referred to as “the deceased”) remained under treatment and thereafter, died in the hospital on 18/06/1989.

It was the case of the original claimants that accident occurred on account of sole negligence of driver of truck No.MWU-2328. It is an admitted fact that the deceased remained under treatment from 28/04/1989 to 18/06/1989. For the said accident, legal heirs of the deceased as original claimants, filed claim petition being Motor Accident Claim Petition No.1014 of 1989 under section 166 of the Motor Vehicles Act, seeking compensation of Rs.5,00,000/-.

Upon filing of the claim petition, Notices were issued. Both insurance companies i.e. respondent No.3- New India Insurance Company - insurer of Truck (Dumper) No.GTY-6833 and respondent No.6 – United India Insurance Company - insurer of truck No.MWU- 2328, filed their written statements. The Tribunal after hearing the parties and upon appreciation of oral and documentary evidence on record, decided the issues as under :

In relation of negligence, Tribunal held driver of truck No.MWU-2328 sole negligent for the accident and by the impugned judgment and award, the Tribunal awarded total compensation of Rs.2,28,500/- with proportionate costs and with interest at the rate of 6% per annum from the date of filing of the claim petition till realization. Tribunal further directed that original opponent Nos.5 & 6 i.e. owner and insurance company of Truck No.M.W.U-2328 are jointly and severally liable for the payment of compensation, under different heads, as under:

3. Aggrieved by the amount of compensation awarded, present appeal is filed by the original claimants seeking enhancement.

4. Heard learned advocate Mr.MTM Hakim, for the appellants-original claimants, learned advocate Mr.Palak Thakkar, for respondent No.6- – United India Insurance Company, insurer of truck No.MWU- 2328 and learned advocate Mr.Nage