NATIONAL INSURANCE CO Vs. NAINABEN

JUDGEMENT

(1.) As common question of law and facts arise in both these appeals and as such they are cross appeals arising out of the impugned judgment and award passed by the learned tribunal, both these appeals are heard, decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (Fast Track Court No.1) at Ahmedabad (hereinafter referred to as "the tribunal") dated 31-01-2007 in M.A.C.P. No.419/2000 by which the learned tribunal has partly allowed the said appeal and has awarded a total sum of Rs.6,93,000/- to the original claimants with running interest at the rate of 7.5% per annum from the date of the application till the actual realization, the appellant-National Insurance Company has preferred First Appeal No.4485/2007.

(3.) In a vehicular accident, which took place on 11-03-2000, the deceased Bhupendra Kanaiyalal Shah, who was travelling in a luxury bus, bus dashed with the tree on the road resulting into the accident, died on the spot and, therefore, the original claimants of First Appeal No.5347/2007 preferred Claim Petition before the learned tribunal claiming Rs.40 lakhs towards compensation for the death of the deceased. It was the case on behalf of the original claimants that the deceased died in a road accident because of rash and negligent driving on the part of original opponent No.1. It was the case on behalf of the original claimants that at the time of the accident/death, the deceased was aged about 58/59 years old and was serving in Bank of India as Senior Auditor and his salary was Rs.22,201/- per month. It was the case on behalf of the original claimants that during the lifetime, the deceased had established two firms, namely, M/s. S.M. Dyechem Industries and Soft Infosis, which were partnership firms, in which the claimants were also the partners. According to the original claimants, the deceased used to actively participate in the said firms and due to his efforts, huge amount of profit had been earned by the firms and the deceased used to additionally receive Rs.30,000/- per month towards the service for his two firms. Thus, at the relevant time, the deceased was earning Rs.50,000/- per month and, therefore, the original claimants claimed a sum of Rs.40 lakhs towards the compensation for the death of the deceased.