KANTIBHAI VALJIBHAI SHAH Vs. KOKILABEN HARIBHAI AMBALAL PATEL

JUDGEMENT

(1.) HEARD learned Advocate Mr. M. T. M. Hakim for learned Senior Advocate Mr. S. H. Sanjanwala on behalf of appellants, learned advocate Mr. T. P. Satta for learned Advocate Mr. A. V. Trivedi appearing for respondent No. 7-United India Insurance Co. Ltd. , learned Advocate Ms. Renu Singh for learned Advocate Mr. Y. N. Ravani appearing for respondents-claimants.

(2.) THE appellant being a owner of vehicle-Visat Travels-a partnership firm through its partner challenging common award passed by Motor Accident Claims tribunal, Mehsana in respect to Motor Accident Claim Petition Nos. 426 and 427 of 1986, Exh. 135, decided on 18-1-1993.

(3.) BRIEF facts of present appeals are as under : 3. 1. The deceased Haribhai Ambalal was driving scooter No. GAL-3614 and deceased Babubhai Ambalal was a pillion-rider of that scooter and both of them were going from Shertha to Kalol on 11-5-1986. The scooter was being driven by Haribhai on correct side of road with moderate speed and when scooter reached near I. F. F. CO. , opponent No. 1 who was driving luxury bus bearing registration No. GRX-1313 in a rash and negligent manner and with full speed lost his control on steering and dashed with scooter from behind. Due to said dash-scooter went ahead up to a distance of 50 feet and because of fact that driver of luxury bus lost control on steering said bus went off the road and at that time some passengers were standing near S. T. Stand for getting S. T. Bus and one boy namely Dilipkumar was dashed with bus and then he has died and four persons were injured seriously and then bus went ahead and knocked down neem tree. Thereafter, bus was halted. Haribhai and Dilipkumar died on the spot where as Babubhai Ambalal has died when he was being taken to hospital for treatment. So, accident has happened due to rash and negligent driving on part of driver of luxury bus. 3. 2. Dependents of deceased Babubhai has filed M. A. C. P. No. 426 of 1986 claiming compensation of Rs. 5,00,000/- and dependents of Haribhai has filed m. A. C. P. No. 427 of 1986 claiming compensation of Rs. 5,00,000/ -. 3. 3. So far as quantum of compensation in M. A. C. P. No. 426 of 1986 is concerned, deceased Babubhai Ambalal was aged about 33 years and he was owner of in factory manufacturing bangles and plastic pipes and he was earning rs. 2,500/- per month. He was a very energetic and expiring (sic.) man for expansion of his business and in that case his earning potentiality and prospective of earning income would have increased in future. Because of his premature death, claimants in present claim petition become shelter-less. The factory is now closed and machinery shall have to be sold away by loss and consequently claim of Rs. 5,00,000/- has been filed against all opponents. 3. 4. So far as quantum of compensation in M. A. C. P. No. 427 of 1986 is concerned, deceased Haribhai Ambalal was aged about 37 years and serving in O. N. G. C. and he was getting Rs. 1. 902/- as a salary and had he remained alive and had he served in O. N. G. C. till super annuation he would have maximum salary of Rs. 4,000/- per month. Over and above salary, he was getting bonus, l. T. C. , uniform, shoes etc. Because of demise of Haribhai, his family become shelter-less. On abovesaid basis claimants of present M. A. C. P. also claimed compensation of Rs. 5,00,000/ -. 3. 5. Against above said demand of compensation made by claimants, Claims tribunal has awarded Rs. 2,20,000/- in respect to M. A. C. P. No. 426 of 1986 and awarded Rs. 2,84,000/- in respect to M. A. C. P. No. 427 of 1986. Being aggrieved by said award appellant owner herein has filed present appeals before this Court.