ORAL ORDER

1. The captioned appeal and cross-objections are preferred against the impugned judgment and award dated 22.08.2019 passed by the learned Motor Accident Claims Tribunal (Main), Patan in M.A.C.P. No. 103 of 2017, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.14,20,472/- (Rupees Forteen Lakh Twenty Thousand Four Hundred Seventy Two Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation.

2. The succinct facts, which lead to the filing of the captioned appeal are summarized as under :-

i. On 10.03.2017, the deceased-Thakor Prakashji Ramsangji was returning from Vagod to Siddhpur along with his relatives on a motorcycle and an Activa. Ajayji Dineshji Thakor was riding a motorcycle bearing Registration No. GJ-2-J-3295, accompanied by Prakashji Ramsangji Thakor as a pillion rider, while Thakor Rajuji was travelling separately on an Activa. During the journey, the Activa driven by Thakor Rajuji ran out of petrol, and therefore, he parked the same near a hotel situated on the Vagod Highway. Ajayji Dineshji Thakor and Prakashji Ramsangji Thakor stopped their motorcycle on the roadside and were waiting for Thakor Rajuji. When Thakor Rajuji arrived and was in the process of mounting the motorcycle, in the meantime, the driver of a Jeep bearing Registration No. GJ-1-DY-2203 came from behind, driving the vehicle in a rash and negligent manner and violently dashed into the motorcycle. As a result of the said accident, both Ajayji Dineshji Thakor and Prakashji Ramsangji Thakor sustained grievous injuries and succumbed to the same.

ii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.1 has chosen not to appear before the learned Tribunal, however, the Opponent No.2- Insurance Company appeared before the learned Tribunal and filed Written-Statement at Exh.54, thereby, denying the averments made in the claim petition in toto.

iii. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.16, for determination.

i. Whether the applicants prove that deceased died in the accident, which occurred due to rash, careless and negligent driving of the driver of the motor vehicle involved in the accident?

ii. What amount of compensation the applicants are entitled to get and from whom and what rate of interest?

iii.What order and award?

iv. Having considered the oral as well as documentary evidence on record and having considered the submissions of the learned counsels for the parties, the learned Tribunal, vide impugned judgment and award dated Rs.14,20,472/- (Rupees Forteen Lakh Twenty Thousand Four Hundred Seventy Two Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till realization, as compensation.

v. Being aggrieved and dissatisfied by the impugned judgment and award, the appellant- Insurance Company preferred the present appeal challenging impugned Judgment and award on the ground of quantum while the original claimants preferred the Cross- Objections in the captioned appeal for enhancement of compensation.

3. Heard learned counsels for the parties.

4. Mr.Rathin Raval, learned advocate appearing on behalf of the appellant-Insurance Company herein vehemently submitted at the time of accident, deceased was aged about 18 years and he was bachelor. Therefore, the learned Tribunal ought to have deducted ½ of the monthly income on account of personal expenses of the deceased. It is submitted that instead of deducting ½, the learned Tribunal had deducted 1/3 on account of personal expenses. It is submitted that the learned Tribunal has committed a manifest error in deducting 1/3 instead of ½. In support of his contention, he placed reliance upon the judgment of Hon’ble Apex Court rendered in the case of Munna Lal Jain Versus Vipin Kumar Sharma 2015 (6) SCC 347. Having p