KAMLA SURYAKANT RAJ KUMAVAT Vs. UMEDBHAI BABUBHAI BARIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dated 29 -4 -2002 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj, (hereinafter referred to as 'the learned Tribunal' for short) in Motor Accident Claims Petition No.542 of 1994, the appellants herein -original claimants have preferred First Appeal No.109 of 2004 to enhance the amount of compensation awarded by the learned Tribunal whereas First Appeal No.1444 of 2014 has been preferred by the appellants herein -original opponent Nos.3 and 5 -New India Assurance Company Limited (hereinafter referred to 'the insurance company' for short) challenging the aforesaid judgment and award passed by the learned Tribunal in so far as holding original opponent No.1 - driver of the truck negligent to the extent of 80% and also on quantum.

(2.) As common questions of law and facts arise in both these appeals and as such they are cross appeals against the very impugned judgment and award passed by the learned Tribunal, both these appeals are decided and disposed of by this common judgment and order.

(3.) Facts leading to filing of present First Appeals in short are that one Suryakant Raj(the deceased), who, at the relevant time, working as Deputy General Manager in GMDC, was proceeding from Ambaji to Bhuj driving his own Maruti Car bearing registration No.GJ -8 -A -2695 along with his daughter and other relatives. Said Maruti Car dashed from behind with a tanker bearing registration No.GJ -2 -T -7074 which was stationary and parked on the side of the road causing serious injuries to the deceased. He was taken to the hospital, however, succumbed to the injuries and died after about 7 days. Therefore, the claimants, widow and son and daughter of the deceased, filed the claim petition before the learned Tribunal which was numbered as MACP No.542 of 1994 claiming a total sum of Rs.35,00,000/ - towards compensation for the death of the deceased.