JUDGMENT :

Mool Chand Tyagi, J.

1. Both the captioned appeals are filed against the common impugned judgment and award dated 29.03.2014 passed by the learned Motor Accident Claims Tribunal (Auxiliary) and 6^th Additional District Judge, Kheda at Nadiad in MACP No.1164/2010 and 1657/2010, whereby the learned Tribunal had partly allowed the claim petitions and awarded a sum of Rs.66,400/- in MACP No.1164/2010 and a sum of Rs.1,54,000/- in MACP No.1657/2010 along with interest at the rate of 7.5% per annum from the date of filing of claim petitions till realization.

2. The succinct facts leading to file the captioned appeals are that on 16.06.2010, when the minor claimant-Rakesh Ramanbhai Parmar of MACP No.1164/2010 and minor deceased-Vikas Babubhai Parmar of MACP No.1657/2010 were travelling in a ST bus bearing registration no.GJ.18.V.9217, in the meantime, respondent no.1 in both the claim petitions, came by driving a truck bearing registration no.GJ.17.X.4101 in rash and negligent manner and dashed with the said ST bus and thereby caused the accident. Due to the impact of the said accident, the minor claimant-Rakesh Ramanbhai Parmar sustained serious bodily injuries and deceased-Vikas Babubhai Parmar succumbed to the injuries. It is also the case of the claimant-Rakesh Ramanbhai Parmar that at the time of accident, he was minor and aged about 14 years, therefore, the claim petition for seeking the compensation of Rs.2,00,000/- came to be filed in MACP No.1164/2010 and at the time of accident, the deceased-Vikas Babubhai Parmar was also minor and aged about 14 years, therefore, the claim petition for seeking the compensation of Rs.4,12,500/- came to be filed in MACP No.1657/2010.

3. On being served, the respondent no.3/insurance company herein filed its written statements at Exh.17 and Ex.18 in MACP No.1164/2010 and MACP No.1657/2010 respectively, while respondent no.5 of MACP No.1164/2010 filed the written statement at Exh.18 and respondent no.4 of MACP No.1657/2010 filed the written statement at Exh.16. All the respondents have denied the averments made in the claim petitions and prayed for rejection of the claim petitions.

4. Having considered the pleadings, evidence led by the respective parties and the submissions canvassed by the respective parties, the learned Tribunal has awarded a sum of Rs.66,400/- along with interest at the rate of 7.5% per annum to the claimant of MACP No.1164/2010 and a sum of Rs.1,54,000/- to the claimants of MACP No.1657/2010 along with interest at the rate of 7.5% per annum from the date of filing of claim petition till its realization.

5. Being aggrieved and dissatisfied with the impugned judgment and award, both the claimants of MACP Nos.1164/2010 and 1657/2010 have challenged the impugned judgment and award on the ground of quantum.

6. Heard learned counsels for the parties.

In First Appeal No.2854 of 2014 (MACP No.1164 of 2010)

7. Mr. Hiren M. Modi, learned counsel appearing on behalf of original claimant/appellant herein vehemently submitted that at the time of accident, the claimant/appellant was minor and aged about 14 years. He further submitted that he sustained the disability of 28% of the body as a whole, which was consented to be reduced to 20% of the body as a whole with the consent of the learned counsels for the respective parties appearing before the learned Tribunal. He submitted that the learned Tribunal ought to have followed the dicta of the judgment rendered by the Hon'ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, National Insurance Company Limited & Anr., reported in (2014) 14 SCC 396. Having placed the reliance upon the aforesaid judgment, learned counsel for the appellant/claimant submitted that the learned Tribunal ought to have awarded a sum of Rs.3,00,000/- under the head of pain and suffering already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience, and discomforts, etc. and loss of amenities in life on accoun