JUDGMENT :

GITA GOPI, J.

1. Challenge in these appeals is to the common judgment and award dated 05.04.2022 passed in Motor Accident Claim Petition Nos. 53 and 54 of 2019, arising out of the same accident, by learned Motor Accident Claims Tribunal (Auxiliary), Bhavnagar at Mahuva. Motor Accident Claim Petition No. 53 of 2019 was filed by the heirs of the deceased, whereas, Motor Accident Claim Petition No. 54 of 2019 was filed by the injured-claimant.

2. The facts of the case, as were urged before the learned Tribunal, are that on 02.05.2019, at about 6:00 p.m. deceased Sureshbhai Chaturbhai Jani (deceased) and Rameshbhai Jerambhai Baladhiya (injured pillion rider), were going on motorcycle bearing registration No. GJ-1-JP-6397 and proceeding from Village: Chhapri of Mahuva Taluka and when they reached on the road between Village: Sandhida and Hotel Sadguru, opponent No. 1, the driver of Eeco Car, bearing registration No. GJ-8-BN-840 came on the wrong side, in rash and negligent manner, in excessive speed, endangering human life and dashed with the motorcycle and because of the ac