UNITED INDIA INSURANCE CO. LTD. Vs. CHANDULAL GOKALDAS MEHTA (DECEASED) THROUGH SUNILBHAI C. MEHTA AND OTHERS

JUDGEMENT

(1.) In both these appeals common questions are involved and they arise out of common judgment and award. Upon joint request they are being disposed of by this common judgment.

(2.) A claim petition came to be filed by the heirs and legal representatives original petitioners, appellants in First Appeal No. 241 of 1992, inter alia, contending, that they lost their breadwinner in a road Accident which occurred on 4.1.1988. The deceased was travelling on a scooter bearing No. GUJ 982 on National Highway No. 8 near Dabhan and was driving his scooter in slow speed on the correct side. At that time original opponent No. 1, Shanabhai Prajapati driving Matador tempo bearing No. GRW. 2 came with excessive speed and dashed with the scooter on the wrong side as a result of which deceased Yogesh Chandulal Mehta sustained serious injuries and succumbed to the same during the course of treatment. Original opponent No. 1, Shanabhai was the driver, original opponent No. 2, Ishwarbhai Prajapati was the owner of the vehicle and the original opponent No. 3, United India Insurance Co. Ltd. was the insurer of the offending Matador tempo.

(3.) The deceased was doing the business of engraving and was dealing with electrical goods at Ahmedabad. He was earning Rs. 4,000/- per month as per the version of the applicants. Original applicant No. 1 is the father of the deceased, original applicant No. 2 is the mother, original applicant No. 3 is the widow and original applicant Nos. 4 and 5 are the minor children of the deceased. The claim petition came to be filed before the Motor Accident Claims. Tribunal (Aux.), Kheda at Nadiad being M.A.C.P. No. 241 of 1988 claiming an amount of Rs. 6,00,000/-by way of compensation for premature and untimely Accidental demise of the breadwinner of the family Yogeshbhai who was in the prime of his youth alleging that original opponent No. 1, driver of the Matador tempo was rash and negligent and responsible for the Accident.