JUDGMENT :

1. The appeal challenging the judgment dated 11.2.2010 passed by MACT (Aux), City Civil Court, Ahmedabad in MACP is filed by the insurance company while the Cross Objection has been filed by the claimants challenging the said judgment.

2. Facts of the case suggest that on 11.1.2005, deceased Jitendera riding his scooter no.GJ-1 EA- 4029 was proceeding from Narol to Kheda, while passing the National Highway near Narol old District Court, one truck bearing registration no. GJ-18 TT-9062 came in an excessive speed in a rash and negligent manner and dashed the scooterist, as a result, the deceased died on the spot. The criminal complaint was filed before Vatva Police Station bearing CR no.I-37/06.

3. Learned advocate Mr. Mazmudar submitted that the negligence of the deceased has not been considered by the Tribunal and the income is assessed on higher side, while deduction of personal expenses is also not in accordance to the judgment of the Hon'ble Apex Court.

4. Countering the arguments, referring to the cross objections preferred for enhancement of compensation, Advocate Mr.Bhatia for the claimants submitted that the deceased was Administrative Manager in Rudraksh Petrochem