In motor accident claims, compensation must be just and reasonable. Appellate courts may enhance awards if the initial calculation of income, failure to apply future prospects, or meagre assessment of non-pecuniary damages leads to a shortfall in restoring the claimant's position.

JUDGMENT :

Mool Chand Tyagi, J.

1. The captioned appeals are preferred against the common impugned judgment and award dated 30.12.2017 passed by the learned Motor Accident Claims Tribunal (Aux.), Bhuj - Khachchh in M.A.C.P. No. 574 of 2006 & M.A.C.P. No. 578 of 2006, whereby the learned Tribunal partly allowed the Claim Petitions, and awarded a sum of Rs.1,01,960-/- & Rs.1,67,920/- respectively, along with interest at the rate of 9% per annum, from the date of filing of the claim petitions till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeals, as narrated in the Claim Petition and memo of appeal are summarized as under:-

i. Original Claimant in M.A.C.P. No. 574 of 2006, Mr. Mamad Lakhmir Node & Original Claimant in M.A.C.P. No. 578 of 2006 – Mr. Tamachi Ramjan Arbab were working as a driver and cleaner respectively in a Tanker bearing registration No.GJ-12-W-5915. On 21.09.2006, both the claimants were travelling on the said Tanker from Delhi to Khachchh. The original claimant in M.A.C.P. No. 574 of 2006 was riding the Tanker at very moderate speed and on the correct side of the road, by observing traffic rules. In the meantime, driver of a truck bearing registration No.GJ-12-X-2976 came from the opposite side in a rash and negligent manner and dashed with the vehicle on which the original claimants were travelling, thereby causing the vehicular accident.

ii. As a result of the said vehicular accident, both the claimants/appellants sustained grievous bodily injuries. Therefore, the claimants/appellants herein preferred the respective Claim Petitions before the learned Tribunal seeking compensation on account of the injuries sustained in the vehicular accident.

iii. Having been served with the notices/summons of the Claim Petitions, Original opponent No.3 & 5/respondent No.2 & 4 herein – The New India Assurance Company Limited filed its Written Statement, thereby denying the averments made in the Claim Petitions and in brief, prayed for dismissal of the Claim Petitions.

iv. Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues:-

1. Whether the petitioner proves that he/she sustained injuries in a vehicular accident due to rash and/or negligent driving of the driver of the vehicle involved in the accident ?

2. Whether the petitioner is entitled to compensation ? If yes, what amount and from whom ?

3. What award ?

v. Having considered the evidence on record, the learned Tribunal partly allowed the Claim Petitions vide common judgment and award dated 30.12.2017 and awarded a sum of Rs.1,01,960-/- & Rs.1,67,920/- respectively, along with interest at the rate of 9% per annum, from the date of filing of the claim petitions till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein have challenged the impugned judgment and award on the ground of quantum.

3. Heard learned counsels for the parties.

Submissions in First Appeal No. 2979 of 2018

4. Learned counsel appearing on behalf of the original claimant/appellant herein vehemently submitted that at the time of the accident, the claimant was possessing the driving license to drive heavy vehicles and was working as a driver, thereby ea