JUDGMENT

1. The captioned appeal and cross objections have been preferred against the impugned judgment and award dated 19.09.2019 passed by the learned Motor Accident Claims Tribunal (Main), at Jamnagar, in M.A.C.P. No. 100 of 2012, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of 35,41,160/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as explained by the learned counsel for the original claimants and as narrated in the Claim Petition are summarized as under:-

i. On 20.12.2011 Mr. Devraj Arjanbhai Hinsu (hereinafter referred to as the “deceased”) was crossing road to attend Sadbhavna Upvas Karyakram, opposite to Krishna Hotel on Rajkot-Jamnagar Highway. In the meantime,, one Tavera Jeep bearing registration No.GJ-3Z-9612, being driven by original opponent No.1 at very excessive speed and in a rash and negligent manner, dashed with the deceased, thereby causing the accident. As a result of the said vehicular accident, the deceased sustained serious injuries and he succumbed to the said injuries.

ii. It is the case of the original claimants before the learned Tribunal that at the time of the vehicular accident, the deceased was aged about 54 years, and was working as Principal in a primary school at Itala Village, thereby earning the salary of Rs.35,899/-. In addition to the said job, the deceased was also earning Rs.25,000/- per month from agriculture. Therefore, the Original Claimant preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.65,00,000/-.

iii.Having been served with the notice/summon of the Claim Petition, original opponent No.3/appellant herein filed its Written Statement, thereby denying the averments made in the Claim Petition, and in brief, prayed for dismissal of the Claim Petition.

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

i. Whether the petitioners prove that the deceased died due to injuries sustained by him in a vehicular accident due to rash and/or negligent driving of the driver of the motor vehicles involved in the said accident ?

ii. Whether the petitioners are entitled to compensation ? If yes, what amount and from whom ?

iii. What award ?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal had partly allowed the Claim Petition and awarded a sum of 35,41,160/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant – Insurance Company has challenged the impugned judgment and award seeking reduction of compensation awarded by the learned Tribunal, while, the original claimants have challenged the impugned judgment and award seeking enhancement of compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Mr. V C Thomas, learned advocate for the appellant – Insurance Company vehemently submitted that the original claimant Nos.2 & 3 cannot be considered as dependent upon the deceased, therefore, the learned Tribunal ought to have deducted ½ of the income on account of the personal expenses of the deceased, however, the learned Tribunal had deducted 1/3rd of the income on account of the personal expenses of the deceased. Therefore, he prayed for reduction of compensation on that account.

5. Per contra, Mr. Hemal Shah, learned advocate appearing for the cross objectors/original claimants vehemently submitted that at the time of the accident, the deceased was working as Principal at Itala Primary School, thereby earning Rs.35,899/