JUDGMENT :

A] Prelude:

1. The captioned appeals arise out of same set of facts and accident and common judgment and award dated 02.05.2022 passed by the learned Motor Accident Claims Tribunal (Special), Rajkot in Motor Accident Claim Petition Nos. 74 and 75 of 2020 and hence, the same were heard together and are being decided by way of this common judgment.

B] First Appeal No. 1493 of 2023:

2. The First Appeal No. 1493 of 2023 is filed being aggrieved and dissatisfied by the judgment and award in Motor Accident Claim Petition No. 74 of 2018, inter alia contending that the learned Tribunal has committed material illegalities, which has led to gross miscarriage of injustice. The learned Tribunal has not assessed the income of the injured minor claimant as per his academic career. The claimant is totally in bedridden condition and though 100% functional disability has been considered by the Tribunal, the amount under the heads of Future Medical Expenses, Pain, Shock and Suffering does not commensurate with the evidence on record and under other heads, the amount has not been assessed in accordance with the disability sustained by the minor and hence, a prayer is made for enhancement of compensation.

3. The facts suggest that on 12.12.2017 at about 5:30 in the evening on Rajkot – Bhavnagar highway, near Gal-kotadi village, Randhir Mehurbhai Dangar was going on motorcycle bearing registration No. GJ-04-AB-7994 along with his younger brother – Shubham Mehurbhai Dangar as a pillion rider and on their way, had parked their motorcycle on the side of the road, while Pradipbhai Labhubhai Dangar had come to meet them and was standing near them. It is stated that when Randhirbhai Mehurbhai Dangar was about to start his vehicle with the pillion rider, suddenly, one bus bearing registration No. GJ-04-Z-0960 belonging to Bindiya Travels came in full speed, in rash and negligent manner and dashed the motorcycle. In the accident, Randhirbhai and Shubham sustained fatal injuries and died during the course of treatment, whereas, Pradipbhai, who was standing near them, received very serious injuries.

4. Learned advocate Mr. Mohsin M. Hakim for the appellants – claimants submitted that the respondent No. 1 has not examined his driver as a witness nor the insurance company had called the driver of the bus to be examined.

4.1 The learned advocate Mr. Hakim for the appellants has relied upon the decisions of the Hon’ble Supreme Court in i) Kajal v. Jagdish Chand and Others , (2020) 4 SCC 413 , ii) Abhimanyu Partap Singh v. Namita Sekhon and Another , (2022) 8 SCC 489 and iii) Master Ayush v. Branch Manager, Reliance General Insurance Co. Ltd. , 2022 (7) SCC 738 : 2022 (0) AIJEL-SC 68581 and submitted that the Tribunal ought to have granted appropriate compensation in accordance with the proposition of law as laid down in the decision in Kajal (supra), followed in the subsequent decisions.

5. Motor Accident Claim Petition No. 74 of 2018 was filed on behalf of injured Pradipbhai Labhubhai Dangar by his father. The age of the said claimant, at the time of accident, was proved to be 16 years, 08 months, who went in coma after the accident. As per the deposition of his father at exh. 38, his son was studying in standard XII Science Stream. The Bona Fide Certificate was produced at exh. 45, Mark sheet of Standard XI at exh. 46 and a copy of Aadhar Card at exh. 49, which showed his date of birth as 08.04.2001.

5.1 The learned advocate for the appellant submitted that after the accident, the injured minor remained in coma and despite several surger