MEHAJI SOMABHAI VAHUNIA Vs. MAQBOOLHUSSAIN MOHAMOODDIWAN PATHAN

JUDGEMENT

(1.) The appellants are the original claimants, whereas, the respondents are original opponents before the Motor Accident Claim Tribunal of Panchmahals at Godhra in M.A.C.P. No.1606/2000 and M.A. C.P. No.1605/2000, wherein, by impugned judgment and award dated 30/06/2005, the Tribunal has awarded an amount of Rs.90,793/ - and Rs.1,08,779/ - with 7.5% interest per annum and cost throughout in favour of the appellants. However, the appellants have challenged such order mainly for quantum of compensation contending that the Tribunal has failed to award just and reasonable compensation considering the age, income, injuries, treatment and disablement of the appellants - claimant.

(2.) When the driver, owner and insurer have not challenged the impugned order, the fact, story and history of the incident and litigation is not much material, however, the same is described in the pleading and impugned judgment and therefore, I do not reproduce the same, except to recollect that the claimants were passengers in one of the vehicle as permitted labourer when it was collided with another vehicle. Therefore, this is simple case of composite negligence of driver and owner of both the vehicles involved in the accident, for which both the tort -feasors and their insurer are jointly and severally liable to compensate the claimant. It is also settled legal position that the claimant is entitled to recover full set of compensation from any of the tort -feasors irrespective of their inter -se liability.

(3.) So far as the quantum of compensation is concerned, the following information would be material to recollected herein.