ORIENTAL INSURANCE COMPANY LIMITED Vs. TAPAN LALITCHANDRA CHAMPANERIA

JUDGEMENT

(1.) These Appeals, under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") arise from common judgment and award passed by the Presiding Officer, M.A.C.P. (Aux. 3), Ahmedabad Rural, dtd. 29/8/2009 rendered in M.A.C.P. Nos.1283 to 1285 of 1999, preferred by Tapan Lalitchandra Champaneria and Bhikhabhai Muljibhai Champaneria for the death of Lalitchandra Bhikhabhai Champaneria, Kokilaben Lalitchandra Champaneria and Twinkle Lalitchandra Champaneria respectively, who have died in a vehicular accident on 5/4/1999 at 12:15 a.m. occurred between maruti car bearing registration No.GJ-1-RR-1495 driven by deceased Lalitchandra Bhikhabhai Champaneria, who happens to be the father of applicant No.1 - Tapan and son of applicant No.2 - Bhikhabhai Muljibhai Champaneria, and truck bearing registration No.RJ-14-1-G-0081, praying for compensation for the death of rest of the family members of claimant No.1 - Tapan Lalitchandra Chapaneriya, which came to be allowed partly awarding compensation in all the three claim petitions awarding different amount, as mentioned in the impugned judgment and award.

(2.) As per the case of the claimants when Lalitchandra Champaneria - father of claimant No.1 - Tapan Lalitchandra Champaneria, along with his mother and sister, went for Darshan of "Lord Ganesh" at Village Koth, on 4/4/1999, while returning back when they reached near Sanathal, on Sarkhej - Bavda Highway, deceased - Lalitchandra was driving maruti car which was dashed by truck bearing registration number, as aforesaid, coming from a wrong-side from front and because of the careless and reckless driving of the truck, accident occurred causing death of all the passengers traveling in maruti car. In the said accident, Lalitchandra Champaneria, Kokilaben Lalitchandra Champaneria and Twinkle Lalitchandra Champaneria (father, mother and sister respectively) died in the aforesaid accident. It is averred in the claim petition that deceased - Lalitchandra was serving as General Manager in Cadila Pharmaceuticals and car was allotted by the employer to deceased father and in that way, family members of the deceased were traveling in the said car. It is further asserted that the deceased was drawing salary of Rs.51,203.00 per month plus perks and his service remains minimum 15 to 20 years and is expected that he might have gross salary of Rs.1.00 lakh and more. Therefore, the claimants have preferred the aforesaid claim petitions claiming compensation for death of all the three persons of the family.

(3.) Since all three claim petitions arising from the same accident, it was consolidated and evidence was recorded in M.A.C.P. No.1283 of 1999.