1. Both the appeals arise out of the same accident and involve common questions on law and hence, they are disposed of by this common judgment.
2. In connection with the vehicular accident that took place on 08.04.2006 in which both Hitesh Ramji Vaghani and Vimal Ramniklal Bhudiya died, the legal heirs preferred claim petitions being M.A.C.Ps. No.259/2006 and 258/2006 before the Motor Accident Claims Tribunal (Main), Bhuj - Kachchh. The said claim petitions were allowed in part, by judgment and award dated 06.10.2007, whereby, the original claimants of both the claim petitions were awarded compensation of Rs.1,23,600/- each along with interest at the rate of 7.5% per annum from the date of application till its realization with proportionate costs.
3. Being dissatisfied with the compensation awarded, the original claimants have preferred the present appeals for enhancement.
4. Heard learned counsel for the appellants and learned counsel for respondent no.2. None appears on behalf of respondent no.1 though served. It has been submitted on behalf of the appellants that the amount awarded by the Tribunal under different heads is on the lower side. It is submitted that the Tribunal has also erred in deciding the issue of contributory negligence. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. In fact, if the principle laid down by the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43, is followed for the purpose of computing compensation u/s.163-A of the M.V. Act, the final amount would be less in comparison to what has been awarded by the Tribunal. Hence, I do not find any grounds for enhancing compensation. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal.
5. For the foregoing reasons, both the appeals are dismissed. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top