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Judgment
M.D. Shah, J.—First Appeal Nos. 1161 of 2013 and 1162 of 2013 along with Civil Application Nos. 5176 to 5177/13 have been filed by the original opponent No. 4-Oriental Insurance Company Ltd. while First Appeal No. 1264 of 2013 with First Appeal No. 1265 of 2013 with First Appeal No. 1267 of 2013 have been filed by the original opponent No. 2-The National Insurance Company Ltd. under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the common judgment and awards dated 18-12-2012 passed by the Motor Accidents Claims Tribunal No. 12, Ahmedabad City at Ahmedabad in MACP Nos. 187 of 2003, 419 of 2003, 187 of 2003, 188 of 2003 and 419 of 2013 respectively whereby all the opponents were jointly and severally liable to pay compensation to the claimants. Facts in short are that Motor Accident Claim Petition Nos. 187 of 2003, 188 of 2003 and 419 of 2003 were filed by heirs and legal representatives of deceased Ashwinbhai, Vinubhai and Suresbhai claiming compensation for death of the deceased which is caused in a vehicular accident which occurred on 22-8-2002 at about 4.45 p.m. near Dhankan-Thalod Cross Roads. It was contended that all the deceased along with other passengers were travelling in Truck No. GJ-9-T-7887 with which Truck No. GJ-1-X-3373 coming from Talod side collided causing fatal injuries to the deceased. After hearing the learned advocates appearing for the parties and considering the oral as well as documentary evidence on record, the impugned common judgment and awards were passed by the Tribunal.
I have heard learned advocates for the respective parties. This Court has also considered oral as well as documentary evidence including documents such as FIR, panchnama, medical papers and other evidence.
It is submitted by Mr. Sunil Parikh for M/s. National Insurance Company Ltd. that in other claim petitions arising from the very same accident, M/s. Oriental Insurance Company has accepted 100% liability and satisfied all the awards passed therein and hence, on principle of res-judicata also, M/s. National Insurance Company is not liable to pay any compensation. It is also submitted that the Tribunal has committed error in holding that driver of both the vehicles are liable for the accident. It is therefore requested that the claim petitions are required to be dismissed against M/s. National Insurance Company and their appeals required to be partly allowed.
It is however submitted by Mr. Nanavati for M/s. Oriental Insurance Company Ltd. that it is true that M/s. Oriental Insurance Company Ltd. has satisfied the other awards which are arising from the same accident. He, however, has submitted that the amounts awarded by the Tribunal in both the claim petitions are exaggerated. According to him, the Tribunal has not applied the correct multiplier considering the age and income of the deceased and hence, requested that amounts awarded may be reduced.
It is submitted by learned advocates for the otherside that after perusing the oral as well as documentary evidence on record, the tribunal has rightly passed the judgment and awards and hence, all the appeals deserve to be dismissed.
This Court has gone through the impugned judgment and awards together with oral as well as documentary evidence and this Court is of the opinion that Truck No. GJ-1-X-3373 insured with M/s. Oriental Insurance Company Ltd. is solely negligent for causing the accident and, as rightly stated by learned advocate, Mr. Sunil Parikh, M/s. Oriental Insurance Company Ltd. has satisfied the awards passed in other claim petitions. This Court is, therefore, of the opinion that M/s. Oriental Insurance Company Ltd. is liable to satisfy the awards in these cases also.
As far as quantum in First Appeal No. 1161 of 2013 which has arisen from MACP No. 187 of 2003 is concerned, the Tribunal has awarded total compensation of Rs. 2,85,000/-. However, applying the correct multiplier considering the age and also considering the income of the deceased and all other factors, the claimants are entitled to a total compensation of Rs. 2,25,000/- instead of Rs. 2,85,000/- awarded by the tribunal.
In First Appeal No. 1162 of 2013 which has arisen from MACP No. 419 of 2003, the Tribunal has awarded total compensation of Rs. 4,74,000/-. Considering the prospective income of the deceased at Rs. 4200/- per month and applying a multiplier of 15, the claimants are entitled to total compensation of Rs. 3,98,000/- instead of Rs. 4,74,000/- awarded by the tribunal.
In view of the above, all the appeals are required to be allowed in part by modifying the impugned judgment and awards.
All the First Appeals are accordingly partly allowed. Impugned common judgment and awards passed in MACP Nos. 187 of 2003 and 419 of 2003 are modified and it is hereby held that the original opponent No. 2-The National Insurance Company Ltd. is exonerated from payment of liability. The original opponent Nos. 1, 3 and 4-M/s. Oriental Insurance Company Ltd. are jointly and severally liable to pay the entire awarded amount with costs and interest to the claimants. It is further held that the claimants in MACP Nos. 187 of 2003 are entitled to a total compensation of Rs. 2,25,000/- instead of Rs. 2,85,000/- while the claimants in MACP No. 419 of 2003 are entitled to total compensation of Rs. 3,98,000/- instead of Rs. 4,74,000/-. The original opponent No. 2-M/s. National Insurance Company Ltd. is entitled to refund of the excess amount, if any, deposited together with proportionate cost and interest. The amount, if any, paid to the claimants in pursuance of order passed by this Court shall not be recovered by the original opponent No. 2-M/s. National Insurance Company Ltd., however, it is entitled to recover it from M/s. Oriental Insurance Company Ltd. Remaining part of impugned judgment and awards on all other aspects would remain unaltered.
In view of the above order passed in main appeals, Civil Application Nos. 5176 to 5177 of 2013 do not survive and are disposed of accordingly.
Office is directed to send back the record and proceedings, if any, forthwith. Office shall place a copy of this judgment in each matter.