NATIONAL INSURANCE CO LTD Vs. KOMALBEN PANKAJKUMAR TRIVEDI

JUDGEMENT

(1.) BOTH these appeals are preferred against the judgment and award dated 16.08.2005, delivered by the Motor Accident Claims Tribunal (Axillary), Fast Track Court No.8, Nadiad in Motor Accident Claim Petition No.883/1996 whereby the appellants of First Appeal No.3229/2006 being claimants were awarded compensation of Rs.6,70,800/ - [Rupees Six Lakhs Seventy Thousand Eight Hundred Only] with running interest at the rate of 12% p.a. from the date of application till realization, for the death of Pankajkumar Trivedi, husband of claimant No.1 and father of claimant No.2. Claimant Nos.3 to 7 were deleted by the Tribunal vide order passed below Ex.19. First Appeal No.2589/2006 is preferred by the National Insurance Company Limited, appellant - original opponent No.3 and that appeal is restricted to the extent of rate of interest which is awarded by the Tribunal at the rate of 12% p.a. While the original claimants have preferred First Appeal No.3229/2006 for enhancement of claim on the ground that the Tribunal failed to take into consideration the prospective income of the deceased Pankajkumar Trivedi.

(2.) LEARNED advocate Ms.Kapadia for learned advocate Ms.Megha Jani for the appellant in First Appeal No.2589/2006 and for the respondent No.3 in First Appeal No.3229/2006 and learned advocate Mr.Adil Mirza for the appellants in First Appeal No.3229/2006 and for respondent Nos.1 and 2 in First Appeal No.2589/2006 were heard in detail in respect of these appeals.

(3.) ACCIDENT in question occurred on 21.05.1996 at 7.00 a.m., while deceased Pankajmukar Trivedi was going from Petli to Nadiad, on scooter, at that time, original opponent No.1 Kalubhai Nathabhai Shaikh, driving truck bearing Truck No.GJ -T -2526, negligently, dashed with the scooter on account of which Pankajkumar Trivedi died.