(1.) The insurance company has preferred First Appeal No.2544 of 2017 to question the legality of the judgment and award dated 10th September 2009 passed by the learned Motor Accident Claims Tribunal (Auxiliary) and Presiding Officer, 2nd Fast Track Court, Rajkot (hereinafter referred to as 'the Tribunal' for short) in MAC Petition No.853 of 2004. The claimants have preferred Cross Objection No.67 of 2017 for enhancement of the compensation awarded by the Tribunal.
(2.) The First Appeal as well as Cross Objections are disposed of by this common judgment as the selfsame judgment of the Tribunal is questioned in the Appeal and the Cross Objections.
(3.) The brief facts giving rise to these appeals, as could be culled out from the judgment, are that Dostmohmed Sulemanbhai was working as a Driver with Kaushikbhai Sangani. On 18th October 2004, Dostmohmed and his employer, Kaushikbhai Sangani were travelling in Maruti Van bearing Registration No.GJ3 AB 2081, which was loaded with the goods of the company. They were going to Palanpur from Rajkot to deliver the goods. The van was driven by said Shri Kaushikbhai Sangani and the Driver was sitting in the back seat. At about 6 PM the van was passing by Aadhar village, when a truck bearing registration No.GJ24-U-1675 came from the opposite direction and collided with the Maruti Van. As a result of the impact of the accident, the driver side of the van was crushed and Kaushikbhai Sangani, who was driving the Maruti Van suffered serious fatal injuries and died instantaneously on the spot while Dostmohmed suffered injuries. A complaint in respect of this accident was lodged by Dostmohmed on 19th January 2004 with Patan Police Station.