The court affirmed the principle of just compensation in motor accident claims, emphasizing the need for adequate assessment of loss of dependency and future prospects based on established income.

JUDGMENT :

NISHA M. THAKORE, J.

1. All these matters are connected with each other in a way that First Appeal No. 3906 of 2019 and First Appeal No. 3907 of 2019, relate to the same accident. This Court vide order dated 04.09.2019 while admitting the First Appeal No. 3906 of 2019, had directed to hear both these appeals together with Cross-Objections filed by the original claimants in respective appeals which were also directed to be heard with main First Appeal.

2. Learned advocate Mr. Chirayu Mehta had appeared for the Appellant Insurance company. Learned advocate Mr. N.V. Gandhi had entered appearance in First Appeal No. 3906 of 2019, for heirs and legal representatives of the deceased owner joined as respondent no. 1-original claimant of MACP No. 940 of 2011 of the vehicle. Learned advocate Mr. Bharat B. Shah has entered his appearance on behalf of respondent no. 1 in First Appeal No. 3907 of 2019 i.e. original claimant of MACP No. 634 of 2015 (old MACP Case No. 52 of 2011). Learned advocate Mr. Tanmay Karia has appeared on behalf of respondent no. 2 Insurance company of the offending vehicle Tanker. The cross objections have been filed by respective claimants seeking enhancement of award amount. All these matters were heard together and were reserved for orders. The matters are thus disposed of by this common order.

FIRST APPEAL No. 3906 of 2019:

3. The present appeal is filed at the instance of the Insurance Co., original opponent No. 3, challenging the judgment and order dated 24.04.2019 passed by the Motor Accident Claims Tribunal (Auxi), Ahmedabad Rural at Mirzapur, in MACP No. 940 of 2011. By the said judgment and award, the learned Judge has been pleased to allow the claim petition preferred by the heirs of the deceased Dipeshbhai Dilipbhai Sompura, who succumbed to the fatal injuries in the motor accident. Learned Judge held the opponents jointly and severally liable to pay an amount of Rs. 31,55,533/- to the original claimants with interest @ 9% p.a. from the date of incident till actual realization.

CROSS-OBJECTION NO. 229 OF 2022:

4. The original claimant - the widow of the deceased has preferred Cross-Objection seeking enhancement of award amount for a sum of Rs. 34,88,467/- as against the award amount of Rs. 31,55,533/- with interest @ 9% from the date of claim petition till its actual realization. The original claimant has also disputed 20% contributory negligence of the driver of the vehicle owned by heirs in order to determine just and proper compensation.

FIRST APPEAL NO. 3907 OF 2019:

5. The present appeal is filed at the instance of Insurance Company i.e. original opponent No. 2 challenging the judgment and award dated 01.05.2019 passed by the Motor Accident Claims Tribunal (Auxi.) Ahmedabad Rural at Mirzapur, in MACP No. 634 of 2015. By the said judgment and award, the learned Judge has been pleased to partly allowed the petition of the injured claimant driver holding the opponents liable to pay an amount of Rs. 4,08,600/- to the original claimant with interest @ 9% from the date of the claim petition till its actual realization.

CROSS-OBJECTION NO. 13 OF 2022:

6. In respect of the aforesaid award, the injured claimant has submitted Cross-Objection seeking enhancement of additional award amount of Rs. 5 Lakhs.

7. FACTS OF THE CASE:

In nutshell, the occurrence of the accident as submitted by the injured claimant before the Tribunal is reproduced hereunder:

7.1 On 14.02.2011, the injured claimant of MACP No. 634 of 2015, who was driver of the motor car bearing registration No. GJ-1-HN-6141, which was owned by the deceased Dipesh Dilipbhai Sompura, had started from Ahmedabad to Jaisalmer. The injured claimant was engaged by the deceased as driver to drive said car. Since the deceased had to attend the work of contract and after completing their work, they were returning from Jaisalmer to reach Ahmedabad, while they reached at Bachdav village, on National Highway No. 8, at that time, the driver of the tanker bearing regis