(1.) AS both these appeals raise identical and common questions arising out of common judgment and award under the Motor Vehicles Act, 1939 ("the Act" for short), they are being disposed of jointly, by this common judgment.
(2.) IN first Appeal No. 1311 of 1991, the appellants, who are the original opponents, have questioned the legality and validity of the award of Rs. 9,94,040, whereas the appellant in First Appeal No. 1542 of 1991 has invoked the powers of this Court for enhancement of the amount of compensation for the personal injuries, arising out of a road accident. Thus, the appellants in both the appeals have challenged the award and judgment passed in Motor Accident Claims Petition No. 912 of 1986, decided by the Motor Accident Claims Tribunal (Aux.), Ahmedabad ("the Tribunal" for short), on 25.6.1991, whereby, the original claimant/appellant in First Appeal No. 1542 of 1991 is awarded an amount of Rs. 9,94,040 with running interest at the rate of 12% per annum from the date of the application till realisation, with proportionate costs. The parties are hereinafter referred to as they were arraigned before the Tribunal.
(3.) THE accident in question occurred, at about 5 p.m., on 13.7.1986. The claimant, inter alia, contended that on the day of the accident, he was proceeding from his residence to Gandhinagar, on scooter, bearing No. GUI 2095, and one Mrs. P. Vijayalaxmiben was sitting on the pillion of his scooter. One Mr. Adinarayan Reddy and Mr. Jayantibhai K. Patel were also proceeding towards Gandhinagar side on their scooter in company of the claimant. They desired to go to Gandhinagar from Ahmedabad in search of a rented premises as claimant intended to start a multifunctional Television Set factory, at Gandhinagar. According to the contention of the claimant, he was driving his scooter with moderate speed and was proceeding on the correct side of the road before the accident. However, 'according to his further contention, when his scooter reached near Indroda ' Circle, at Gandhinagar, at diat time, a convoy of military vehicles came from the opposite direction with higher speed. Out of the said convoy, one jeep bearing No. RCL 83 F 2118 of the opponents suddenly came with great speed on the right hand side of the road and in the process of over -taking other vehicles going ahead of it, dashed with the scooter of the claimant, on its front side, with the result, the claimant was thrown off at a distance of 10 ft. from his scooter and so also the pillion rider, culminating into serious and severe injuries to the claimant. The scooter was also badly damaged. Thus, according to the contention of the claimant, the accident occurred on account of the rash and negligent driving on the part of the driver of the jeep of the opponents.