The main legal point established in the judgment is the application of legal principles from various judgments to determine just and proper compensation under the Motor Vehicles Act, considering factors such as gross income, future prospects, multiplier, dependency, family members' earning, and loss of love and affection.

Vivek Rusia, J.

Both the miscellaneous appeals are arising out of the award dated 23.8.2016, passed in the Claim Case No.37/2006, hence, both the appeals are being decided co-jointly.

2. Miscellaneous Appeal No.3432/2006 has been filed by the Oriental Insurance Company challenging the quantum of compensation awarded in favour of respondents No. 1 and 2 (claimants). The Miscellaneous Appeal No.3900/ 2006 has been filed by the claimants No.1 and 2 for enhancement of the compensation amount.

3. For disposal of these two appeals, the facts from Miscellaneous Appeal 3900/2006 are being taken which are as under:

4. On 22.9.2004, at about 2:15 p.m. near Yadav Dhaba Indore-Dhar Road, Gram Billor a Car bearing registration No.MP09/T-0363 had an accident with a Truck bearing registration No.MP09/K/5 863. The said car was owned by non-appellant No.4 and driven by late Gauri Shankar. Both the Car and Truck were insured by Oriental Insurance Company. In the said accident Mr. Anil Mittal, Mrs. Mridula Mittal, Ku. Amrita Mittal and Mr. Vishal Potdar received grievous injuries and immediately they were taken to Choithram Hospital. Due to the said accident Kumari Amrita Mittal died on the way to hospital and Mr. Anil Mittal and Mr. Vishal Potdar died on 22.9.2004 in Choithram Hospital during their treatment. Their dead bodies were sent for the post-mortem by the police after lodging the FIR in Betma Police Station, District Indore.

5. After getting the information about said accident, appellants No. 1 and 2 the claimants i.e. mother and father of Vishal Potdar came to Indore from Mumbai and took his dead body to Mumbai to perform last rites.

6. Appellants No. 1 and 2 respondent No. 1 filed claim case before the Motor Accident Claims Tribunal, Indore which was registered as Claim Case No.68/2005. According to the claimant, after acquiring the degree of BMA from Drexel University, USA in the year 2003. Vishal has started his career as Executive in Siyaram Silk Mills Ltd., Mumbai w.e.f. 1.7.2003 on salary of Rs.34,250/- per month. At the time of death of Vishal was aged about 25 years 8 months. His future was very bright, he could have been promoted to the post of Executive Officer with the salary of Rs. 1.00 lac. He was only son of claimants, therefore, they were totally dependent on his income. The tmck was driven by the driver rashly and negligently and dashed the car due to which Vishal has died. Before the MACT, Indore, the claimants have claimed the amount of Rs.2.50 crore under different heads as compensation.

7. After notice, the Oriental Insurance Company filed the reply opposing the compensation on the ground that it is highly excessive and on a higher side. In support of the claim, claimants has got exhibited as many as 58 documents including passport, salary certificate, income tax return of late Vishal Potdar. Claimant No. 1 examined himself as PW 1, Ashok Jalaan as PW2, Surendra S. Shetty as PW3, Ramesh Sisodiya as PW4.

8. Insurance Company did not examined any witness and did not produce any document in the claim case. Learned MACT has passed the award dated 23.8.2008 by recording the finding that Vishal Potdar has died due to the accident caused by the truck driver while driving the truck rashly and negligently. There was no violation of terms and conditions of the insurance policy by the truck and the claimants are entitled to get the compensation. Learned MACT has awarded the amount of Rs.20.35 lacs as compensation along with the interest @ 6% from 13.4.2005 till payment. Learned MACT while assessing the compensation has considered the income of Vishal Potdar as Rs.34,456/-per month (Rs.5.40 lacs per annum) on the basis of salary certificate and income tax return. Looking to the age of claimants No. 1 and 2 as 50 and 55 years, multiplier of 11 was applied and since Vishal Potdar was unmarried, therefore, the dependency was as