PATEL MAYURKUMAR RAMANLAL Vs. MEENA DEVRAJ RAMNARAYAN

JUDGEMENT

(1.) Since both the First Appeals filed u/s 173 of the Motor Vehicles Act, 1988 (in short "the Act") arise out of selfsame accident having judgment and award in two different MACP being MACP Nos.568 of 2012 and 569 of 2012 filed u/s 166 of the Act and partly-allowing both the petitions by judgment and award dtd. 30/8/2017 passed by the learned MACT (Aux), Sabarkantha, they are being disposed of by this common order.

(2.) Brief facts of the case are as under :

(3.) Learned advocate for the appellants - claimants has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. The appeals are filed on two counts. Firstly, learned Tribunal in case of composite negligence erred in assessing contributory negligence of the occupants of Innova car. Secondly, he has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc. 3.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.