ORIENTAL INSURANCE CO. LTD. Vs. CHHAGANBHAI CHOTHABHAI

JUDGEMENT

(1.) These appeals have arisen from a common judgment passed by Motor Accident Claims Tribunal (Main), Surendranagar on 27/12/2002 in M.A.C.P. Nos.127/1995 to 132/1995. 1.1 First Appeal No.2645 of 2003 and First Appeal No.2646 of 2003 are by the Insurance Company, while rest of the six appeals are from the side of the claimants.

(2.) The unfortunate incident occurred on 14/11/1994, where deceased Chhaganbhai Chothabhai was travelling with his wife Prabhaben Chhaganbhai and three minor children, Jagdish @ Bhavesh Chhaganbhai, Labhuben Chhaganbhai and Amit @ Lalo Chhaganbhai. They were returning in Tempo, bearing Registration No.GJ-1-V-3079 from Gondal to Ahmedabad, when they reach near Patiya of village Kotha Talavadi, on Rajkot - Limbdi National Highway No.8A, a Luxury Bus, bearing registration No.GJ-3 T-8470 dashed the tempo, as it was in excessive speed and was trying to overtake a truck going ahead of it. As a result of the accident, all of them sustained serious injuries and died on the spot. The incident saw the death of all the family members.

(3.) Learned advocate Mr. P.J. Yagnik for the appellants of First Appeal Nos.565 to 570 of 2016 and respondent in First Appeal Nos.2645 and 2646 of 2003, submitted that the issue of dependency would now bear no significance in view of the judgment of Apex court as well as this Court. Mr. Yagnik submitted that in a joint family all the persons contribute for the joint development of the family and each are dependent on the income of the others, hence, the issue of dependency, which has been raised, should have no countenance.