SWATI DIRENDRABHAI PATEL Vs. GAHANKUMAR MAGANBHAI SOLANKI

JUDGEMENT

(1.) THESE appeals were taken up together as these appeals arise out of a common award passed by the Tribunal below disposing of two Motor Accident Claim Petitions under section 166 of the Motor Vehicles Act being MAC Petition Nos.670 and 671 of 1994 by awarding a sum of Rs.13,23,300/ - and Rs.5,34,416/ - respectively with interest at the rate of 9% per annum from the date of filing of the applications till realisation.

(2.) BEING dissatisfied, the owner of the offending bus has come up with the two appeals being First Appeal Nos.2103 and 2104 of 2002 and the third appeal being First Appeal No.1713 of 2002 is filed by the claimants of MAC Petition No.671 of 1994 for enhancement of the amount of compensation. Therefore, all the three appeals have been taken up for hearing together.

(3.) AFTER going through the materials on record, I find that on 27th April 1994, two deceased, who were brothers -in -law by relation, were going on a motorcycle owned by the victim of MAC Petition No.670 of 1994 when a bus owned by the appellant/Gujarat State Road Transport Corporation coming from the opposite direction hit the motorcycle, resulting in the death of both the driver and the pillion rider. The heirs of driver had preferred MAC Petition No.670 of 1994 whereas the heirs of pillion rider had preferred MAC Petition No.671 of 1994.