JUDGMENT :

[1.0] This First Appeal is filed under Section 173 read with Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the Act’) by the Insurance Company and the Cross Objection is filed by the claimants under Order XLI Rule 22 of the Code of Civil Procedure, 1908 challenging the judgment and award passed by the Chairperson, M.A.C. Tribunal (Auxi.), Bhavnagar dated 28.12.2016 in Motor Accident Claim Petition No.537 of 2007 whereby the respondents – claimants were awarded Rs.6,67,600/- to be recovered from the owner – Insurance Company with running rate of interest at the rate of 9% per annum from the date of the petition till payment alongwith proportionate cost of the petition.

[2.0] For the sake of convenience, the appellant of First Appeal No.3551 of 2017 would be referred to as Insurance Company and respondent nos.2 to 7 in it would be referred to as claimants and respondent no.1 would be referred to as the owner of the vehicle in question.

[3.0] The claimants filed the Claim Petition under Section 166 of ‘the Act’ claiming compensation to the tune of Rs.7 lakhs on account of death of Ghanshyambhai Bhikhabhai Joshi caused in a vehicular accident, which occurred on 11.06.2007 at about 6:30 p.m. on the way from Tana to Lavarda, Near Mafatnagar, Nr. Monabhai Kumbhars house. According to the claimants, on 11.06.2007, the deceased – Ghanshyambhai was going at the field of Jilubhai Bhagvanbhai Chavda for replacement of 11 cement sheets, which he brought from Palitana and tied it on a three wheel Tempo bearing No.GJ-11T7351 owned by the owner. He accompanied the three wheel Tempo from his residence to look after the said goods. While carrying goods in the said three wheeler Tempo at about 6:30 p.m., when they reached near Mafatnagar on Tana – Lavrada Road, the said three wheel Tempo driven by its driver with full speed in rash and negligent manner so as to endanger human life lost control over the steering and thereby the said three wheel Tempo turned turtle because of which deceased – Ghanshyambhai came below the cement sheet and received injuries. When he was taken to Sihor Community Health Centre, on examination by the Doctor, he was declared dead and his postmortem was also performed there. According to the claimants, the accident occurred due to the sole negligent driving of the driver. The FIR to this effect has been registered with Sihor Police Station against driver Sureshbhai Bhojabhai being I-C.R. No.118 of 2007 and charge-sheet is also filed against him. Opponent nos.1 and 2, being the owner and the Insurance Company of the offending vehicle, they are jointly and severally liable to pay the amount of compensation as claimed by the claimants.

[3.1] The claimants have further submitted that the deceased was aged 27 years at the time of the accident and was hale and hearty and not addicted to any vices and earning Rs.7000/- per month by doing diamond polishing work of single table at the factory of Pravinbhai Pragjibhai Godhani as also in holidays he was doing agricultural labour work at the field of Dhirubhai Shamjibhai Godhani and thereby he was maintaining his whole family. The claimants, included wife, daughter, two sons and parents of the deceased – Ghanshyambhai, and therefore, they claimed in all Rs.7 lakhs with interest thereon at the rate of 12% per annum and cost.

[3.2] As stated earlier, on conclusion of trial, considering the evidence adduced before the tribunal and the documents produced and proved, the tribunal awarded the amount, as aforesaid, which is under challenge by way of First Appeal as also Cross Objection for enhancement of the compensation amount.

[4.0] Mr. Vibhuti Nanavati, learned advocate for the appellant, submitted that there is no dispute that the owner or his authorized representative of the goods carried in the goods Vehicle is entitled to compensation as provided under Section 147(1)(b)(i) of ‘the Act’. However, according to him in view of Rule 122 of the Gujarat Motor