JUDGMENT :

MOOL CHAND TYAGI, J.

1. The captioned appeal is preferred against the impugned judgment and award dated 09.03.2021 passed by the learned Motor Accident Claims Tribunal (Main), Patan in M.A.C.P. No. 114 of 2017, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.5,96,020/-(Rupees Five Lakhs Ninety Six Thousand Twenty 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 22.03.2017, at about 08:00 p.m., deceased Govindbhai Patel was proceeding on his Activa bearing Registration No. GJ-2-BA-8583 from Unjha towards Mahervada on the correct side of the road and at a moderate speed for the purpose of dropping his sister-in-law (Bhabhi)- Savitaben. When he reached near Mangalmurti Godown, the headlight of vehicles coming from the opposite direction dazzled his eyes and consequently, he dashed against the rear side of Truck bearing Registration No. RJ-22-GA-9229, which was stationed on the road without any signal, reflector or parking lights. As a result of the accident, he sustained grievous head injuries and other bodily injuries and during the course of treatment, succumbed to the said injuries.

ii. The notices/summons of the Claim Petition were duly served upon the opponents. The opponent no.1chosen not to appear before the learned Tribunal, however, the opponent no.2 appeared and filed Written Statements vide Exhs.53, denying the contents of the claim petition and prayed for dismissal of the claim petition.

iii. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.21, for determination.

i. Whether the applicants prove that the 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 at 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 awarded a sum of Rs.5,96,020/-(Rupees Five Lakhs Ninety Six Thousand Twenty 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 claimants - appellants herein preferred the present appeal.

3. Heard learned counsels for the parties.

4. Mr. Archan Hirpara, learned advocate appearing for the claimants/appellants, vehemently submitted that the accident had occurred owing to the sole negligence of the driver of the truck, as the said truck was parked on the road without any indicator or obstruction to warn oncoming vehicles in gross violation of Sections 122 and 126 of the Motor Vehicles Act. However, the learned Tribunal attributed negligence to the extent of 30% to the deceased himself. It is submitted that the learned Tribunal ought to have held that the driver of the offending truck was solely negligent for causing the accident. It is submitted that the FIR came to be lodged against the driver of the truck and, thereafter, charge-sheet also came to be filed against him. Therefore, the learned Tribunal ought to have concluded that the driver of the truck alone was responsible for the accident. In support of his submissions, learned advocate placed reliance upon the judgment of the Hon’ble Apex Court in Archit Saini & Anr. v. Oriental Insurance Company Ltd. & Ors. reported in 2018 (3) SCC 365.

5. It is submitted that the learned Tribunal had awarded a meagre amount of compensation under the conventional head. He, therefore, prayed for enhancement of compensation under the conventional head. In support of his contention, he placed