JUDGMENT :

NIRZAR S. DESAI, J.

1. All these appeals are preferred against the common judgment passed by the Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) in a group of Motor Accident Claims Petition No.85 of 1986 (Main) and other Motor Accident Claims Petitions.

However, the present Appeals are preferred against the order pass in Motor Accident Claims Petition No.85 of 1986, Motor Accident Claims Petition No.153 of 1986 and Motor Accident Claims Petition No.242 of 1986.

2. The facts giving rise to the filing of the present Appeals are stated as under:

FACTS OF MACP No.85 of 1986 :-

2.1 The claimants of this petition are heirs and legal representatives of deceased Jayantilal, who was a passenger in S.T.bus involved in the accident. The S.T. bus was proceeding towards Ahmedabad. According to the claimants because of the rash and negligent driving of S.T. bus No.GRB.7259 of Batva-Ahmedabad route and truck no.GTZ.5463, the accident took place. Both the vehicles collided with each other near village Bagodara on the culvert. Deceased Jayantilal Chhaganlal was aged about 52 years and he was healthy and free from vices. He was a businessman. He was also a tax payer and looking to the longevity of his family, there was ample scope for him to survive for at least 18 years more. Deceased belonged to a reputed philanthropic jain family and was earning Rs.3,000/- from his partnership business. It is the say of the claimants that considering contribution of the deceased to the family, the applicants should be awarded compensation of Rs.6,00,000/-.

FACTS OF MACP No.153 of 1986 :-

2.2 The claimant of this petition sustained injuries in the accident. He was also one of the passengers of the S.T. bus involved in the accident. According to him, he was sleeping on the back side seat of the driver. It is contended by him that he sustained injuries and was taken to hospital in Dholka and after preliminary treatment, he was asked to go in another hospital. According to him, by hiring an vehicle, he went to Civil Hospital at Limbdi and thereafter, he went to Rajkot and got himself admitted in a private nursing home of orthopaedic surgeon, Dr.D.K.Shah. He had undergone through major operation and blood was provided to him. According to him, he is a businessman and is dealing in business of bangles. At the time of accident, he was earning Rs.1,000/- to Rs.1200/- p.m. Because of the accidental injuries, he has sustained physical permanent disability. He has spent huge amount during treatment and looking to the young age of 27 years, he should be awarded compensation liberally under various heads and he should be awarded compensation of Rs.3,00,000/-.

FACTS OF MACP No.224 of 1986 :-

2.3 This is also an injury case. Injured claimant Dharmeshbhai has prayed for compensation of Rs.1,32,000/-. According to the applicant, he was one of the passengers in the S.T. bus involved in the accident. He is dealing in business and also working as technician as he has done Radio Engineering Course. He has also done T.V.Engineering course and has secured first class. He is resident of Jamnagar having his T.V. repairing and service shop. According to him, he sustained grievous injuries on his head and chest. He was taken to hospital. As per the averments in para 10 of the petition, the accident has occurred because of the sole negligence of the driver of the S.T. bus was rash and negligent and was driving the bus in violation of traffic rules.

2.4 Ultimately the Tribunal, after the evidences were led and arguments were heard, passed the following order:

“All the petitions are partly allowed. The petitioners of claim petition mentioned in column no.2 of the schedule below, do recover the amount shown in column No.3 of the schedule from the opponents shown in column No.4 of the schedule, jointly and severally with an interest at 12% per annum from the date of the petitio