IMPORTANT POINT
The main legal point established in the judgment is the calculation of compensation for motor accident victims based on income, dependency, and future prospects, as well as the apportionment of compensation between the negligent parties and their insurance companies.

JUDGMENT :

1. Both the appeals arise from the common accident which challenge the judgment in MACP no.571/90 and 799/90. The judgment was declared on 23.3.2003.

2. MACP no.571/90 was filed by the legal heir and representative on the death of Amrutlal, while MACP no.799/90 was filed by the injured claimant Govindbhai Kacharabhai Patel who had filed the petition through his wife – Krishnaben Govindbhai.

3. Facts of the case as has been narrated in the impugned judgment state that on 21.1.1990, deceased Bharatkumar was driving jeep bearing registration no. GAQ – 5961 and along with him deceased Amrutlal and injured Govindbhai Kacharabhai, injured Kalidas Vithaldas Patel and others were going towards Pundhara from Lodra. At a distance of about 1 km. from Lodra, they met with an accident, since the luxury bus bearing registration no. GRX-6840 came in a full speed in a rash and negligent manner and dashed the jeep which caused death of Bharatkumar and Amrutlal and injuries to Govindbhai and Kalidas.

4. Learned advocate Mr. Vivek Hirpara for learned advocate Mr. Y.N. Ravani for the appellant submitted that the assessment of the compensation is not in accordance to the direction of the judgment of the Hon'ble Apex Court and further the consortium loss is required to be granted as per the decision in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130, while in the injury case, it is submitted that the prospective rise in income is also required to be assessed.

5. Mr. Mazmudar for the insurance company submitted that the income has been considered in accordance to the evidence on record and the multiplier has been rightly applied and further submitted that in the injury case, the claimant is required to prove his prospects to earn higher amount in future which has not been done so in the present matter.

6. The claimants in MACP no.571/90 (First Appeal no.1670/04) are widow and children who were minor at the time of institution of the claim petition. The deposition of the claimant no.1 was recorded at Exh.45 and she had relied upon the medical certificate Exh.46 to prove that the deceased had suffered multiple abrasion over the forehead. He was referred to Civil Hospital, Gandhinagar from where he was referred to Civil Hospital, Ahmedabad on 21.1.1990. The deceased remained in hospital from 22.1.1990 to 2.2.1990. Exh.70 is the death certificate which was produced. The date of birth is of 1.6.1948 of the deceased which was proved by way of birth certificate Exh.50 and hence, accordingly, at the time of his accident, he was aged about 41 years and 6 months.

7. The claimant stated that at the time of the accident, he was serving in the firm of Shambhubhai Madanlal and was earning about Rs.900/- per month and was also earning from the agriculture work. The claimant stated that the said earning was of Rs.15,000/- and has also deposed about the income of Rs.13,598.03 from milk selling business. The Tribunal had observed that such amount cannot be considered as sole income of the deceased as the agriculture work and the earnings from the sale of milk would be by the contribution of every member of the family. The Tribunal thus considered the income of Rs.1,200/- per month for assessing the dependency which this Court considers that it is just and appropriate in accordance to the evidence on record. The deceased died at the age of 41 years. Thus, considering the age and in accordance to the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, prospective rise in income would be 25%. With 25% rise in income which adds Rs.300/-, the total monthly income would be Rs.1,500/-. Considering the dependency of five, one-fourth is deducted for personal expenses of the deceased which comes to Rs.375/- and the monthly dependency is Rs.1,125/-. Annually applying multiplier of 14, dependency loss comes to Rs.1,89,000/- (Rs.1,125/- x 12 x