Compensation under the Motor Vehicles Act must be reasonably quantified, with enhancements based on established principles and inflation, particularly for conventional heads like loss of consortium and funeral expenses.

JUDGMENT :

(Nisha M. Thakore, J.)

1. The present appeal is filed at the instance of the appellants-original claimants under Section 173 of the Motor Vehicles Act, seeking enhancement of the award amount as against the amount awarded by the Motor Accident Claims Tribunal (main) at Mehsana by its impugned judgment and order dated 05.03.2015 passed in Motor Accident Claim Petition No.749 of 2009. By the said judgment and order, the Tribunal has partly allowed the claim petition preferred by the present appellants for an amount of Rs.30,49,000/- and after deduction of 30% towards the contributory negligency of the deceased, has finally granted the compensation of Rs.21,34,300/- with interest at the rate of 9% per annum with proportionate costs.

2. In nutshell, the occurrence of the accident as stated by the original claimants, is:

2.1 On 21.09.2009, the deceased- Prajapati Dipakkumar Amrutlal was crossing Palavasana-Vijapur Highway on his motorcycle bearing registration no.GJ-2-S-4342 and at around 4:00 p.m., while he had reached near sim of village- Rupal, opposite- Altratech Cement Godown, one trailer bearing registration no.GJ-01-BT-8839 came from the opposite direction in high speed and in rash and negligent manner, dashed with the motorcycle of the deceased.

2.2 It is the case of the original claimants that the deceased was driving his motorcycle on correct side of the road with moderate speed and the accident had occurred due to sole negligency of the driver of the trailer. The deceased sustained serious fatal injuries and died on the spot, because of the negligency of the driver of the trailer.

3. The original claimants-the legal heirs of the deceased are the parents, wife and his minor son, who have preferred claim petition before the Court of Motor Accident Claims Tribunal (main), Mehsana, which was registered as M.A.C.P. No.749 of 2009. In the aforesaid claim petition, the driver and the owner of the trailer were joined as opponents nos.1 and 2 respectively. The Insurance Company of the offending vehicle-trailer was joined as opponent no.3, and the same Insurance Company had also extended the coverage to the motorcycle of the deceased, was also joined as opponent no.4.

3.1 The original claimants have prayed for compensation of amount of Rs.35 Lakhs by contending that the deceased was aged around 27 years and was having no medical history and was hale and hearty. It was contended that the deceased was a teacher in a primary school and was having salary of Rs.14,000/- per month. Due to untimely death of the deceased, the original claimants have suffered mentally, physically and financially.

3.2 The opponents were duly served with the summons. The opponent nos.1 and 2 have failed to appear before the Tribunal. Opponent nos.3 and 4 i.e. Insurance Company of the trailer and the motorcycle, has submitted written statement at Exh.19, inter alia, objecting the aforesaid averments made in the claim petition. Apart from raising the objection with regard to income and dependency of the deceased, the objection was raised that the driver of the trailer was not holding effective and valid license at the time of the accident.

3.3 The Tribunal framed the following issues:

“[1] Whether claimant proved that the deceased sustained injuries and died on account of rashness or negligence on the part of the driver of the vehicle involved in the accident?

[2] What amount, if the claimant/s is/are entitled to, by way of compensation and from which of the opponent ?

[3] What order and decree ?”

The Tribunal on the above common issues answered as under:

[1] In the affirmative.

[2] As per final order.

[3] As per final order.

3.4 The original claimants have brought on record various documentary evidences which includes the FIR at Exh.30, the panchnama of place of accident at Exh.31, the inquest panchnama at Exh.32, the post mortem report of the deceased at Exh.33, the driving license of the opponent no.1 at Exh.47, the R.C. Book of the trailer at Exh.