IMPORTANT POINT
The main legal point established in the judgment is the application of the principles set by the Hon’ble Supreme Court in determining compensation under the Motor Vehicles Act, particularly in cases involving loss of consortium, loss of estate, and funeral expenses.

JUDGMENT :

(Nisha M. Thakore, J.)

1. Present appeal arises out of the impugned judgment and award dated 13.01.2016 passed by the learned Motor Accident Claims Tribunal (Auxi), Vadodara in MACP No.89 of 2001 under Section 173 of the Motor Vehicles Act.

2. The brief facts of the case is reproduced as under:

2.1. The appellant no.1 is the wife of the deceased Samir Hashmukhbhai Parikh whereas appellant nos.2 and 3 are the minor daughter and son of the deceased. On 21.11.2000 deceased along with his mother Indiraben Parikh was traveling in Gujarat State Road Transport Corporation bus bearing registration No.GJ-18-4968. The deceased was on his way to visit Chandod for performing after death rituals. It is the case of the original claimants that when said bus had reached near village Palasvada i.e. had approached on Palasvada-Bhilapur Highway, the offending vehicle i.e. truck bearing registration no.GJ-16-U-8958 driven by the respondent no.2 came from the opposite direction, in rash and negligent manner and at an excessive speed and dashed with the ST Bus, resulting an accident. As a result of such impact, both the deceased as well as his mother Indiraben who were traveling in the ST bus sustained injuries and died on the spot. The other passengers who were also on the bus suffered severe injuries. The complaint was lodged regarding the aforesaid accident against the respondent no.2 driver of the offending truck, which was registered as CR- No.I-219 of 2000 with the Dabhoi Police Station.

2.2. The heirs of the deceased i.e. present appellants- original claimants have approached the Motor Accident Claims Tribunal, Vadodara by filing petition under Section 166 of the Act on 30.01.2001, which was registered as MACP No.89 of 2001.

2.3. The Tribunal upon appreciation of the aforesaid case put forward by the original claimants had issued summons upon the opponent no.1 i.e. owner of the offending truck, opponent no.2- driver of the offending truck, opponent no.3 -Insurance Company of the offending truck and opponent no.4- Gujarat State Road Transport Corporation. On service of summons, the learned advocates had appeared on behalf of the respective parties. No written statements were filed by the opponent nos. 1 and 2 against the claim petition, whereas, opponent no.3 Insurance Company had filed its written statement at Exh.16 objecting to the averments made in the claim petition. The specific defence was raised about the issue of negligency. The claimants have placed on record the various documentary evidence. Apart from the documentary evidence, the claimants have also examined the witnesses. The oral evidence of the wife of the deceased viz. Sonalben wd/o Samirbhai Parikh has come on record at Exh.26 and the deposition of the witness – Satishkumar Ramechshchandra Bhatt has come on record at Exh.32. The details of the documentary evidence is reproduced as under:

2.4. Considering the pleadings of the respective parties, the Tribunal has framed following issues at Exh.25/1.

“1.Whether the claimants prove that deceased died in a vehicular accident due to negligent driving by the drivers of vehicles involved in the accident ?

2. Whether the claimants are entitled to get any compensation? If yes, what amount and from whom ?

3. What order and award ?”

The Tribunal has answered the a