IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 565 of 2014 With R/FIRST APPEAL NO. 1004 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

NATIONAL INSURANCE COMPANY LTD.

Versus HEMABHAI VAJAJI PATEL & ORS.

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Appearance:

MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MS SANDHYA D NATANI(3678) for the Defendant(s) No. 2.1,2.3,2.4,2.5 RULE SERVED for the Defendant(s) No. 1,2.2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 05/03/2026

JUDGMENT

1. Both the captioned appeals are filed against the impugned judgment and award dated 22.03.2013 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Banaskantha at Palanpur in MACP No.596/2001, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.15,05,000/- as a compensation along with interest at the rate of 7.5% per annum from the date of filing of claim petition till its realization.

2. The succinct facts leading to file the captioned appeal are that on 25.11.2001 at about 07:00 p.m., the deceased-Prakashbhai Ratilal Shah was traveling in a Maruti Car bearing registration no.G.J.8-D- 9710, which was being driven by respondent no.1 herein. When they reached near the place of accident, the original opponent no.1 tried to overtake one truck and lost the control over the said Maruti Car and resultantly, the said Maruti Car skidded on the road and caused the accident. Due to the impact of the said accident, the deceased- Prakashbhai Ratilal Shah sustained serious injuries on head and during the treatment, he succumbed to the injuries. It has been averred in the claim petition that the accident has occurred owing to the sole negligence of the driver of the said Maruti Car/original opponent no.1 herein. It is also the case of the original claimants that at the time of accident, the deceased was aged about 39 years and was running the business under the name and style of M/s. Shantilal Vardhichand Shah and also running an another business under the name and style of M/s. S.V. Traders and thereby, earning a total sum of Rs.15,000/- per month from both the businesses. Therefore, the claim petition for seeking the compensation of Rs.20,00,000/- came to be filed.

3. On being served, the insurance company filed its written statement at Exh.16, thereby denying all the averments made in the claim petition and prayed for rejection of the claim petition.

4. Having considered the pleadings, evidence led by the respective parties and the submissions canvassed by the respective parties, the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.15,05,000/- as a compensation 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, the appellant/insurance company has filed the captioned appeal for reduction of compensation while the original claimants have preferred the appeal for enhancement of compensation.

6. Heard learned counsels for the parties.

7. Mr. Vibhuti Nanavati, learned counsel appearing in First Appeal No.565/2014 preferred by the insurance company vehemently submitted that the learned Tribunal has not rightly assessed the income of the deceased at the time of accident. He further submitted that the learned Tribunal has heavily relied upon the income tax return at Exh.23 (colly), which came to be filed by the widow of the deceased after his death. He further submitted that the income tax returns filed for two previous years would reflect that for the financial year commencing with effect from 01.04.1998 and ending on 31.03.1999, the income was shown as Rs.53,991/- and the another income tax return f