SHANTILAL DEVRAJBHAI Vs. MAHENDRAKUMAR KANTILAL PATEL & 4

JUDGEMENT

(1.) These first appeals arise out of a common judgement of Motor Accident Claims Tribunal, Ahmedabad (Rural), dated 24.12.2003 in Motor Accident Claims Petitions No.1374 to 1378 of 1991 and MACP No.1557/1991. Brief facts are as under :

(2.) All the appellants were the original claimants in the respective claim petitions. The appellant of First Appeal No.2981/2004, i.e. claimant of MACP No.1557/1991 Yunusbhai Jivabhai Chauhan was the driver of the ambassador car which met with the accident when it collided with the matador. Rest of the appellants original claimants were passengers in the same car. All the passengers and driver himself received serious injuries, mercifully none of the them proved to be fatal. Five injured passengers in the car filed their respective claim petitions seeking compensation from the driver/owner and insurer of both the vehicles involved in the accident. Driver of the ambassador car Yunusbhai Chauhan filed his claim petition seeking compensation from the driver/owner and insurer of the matador.

(3.) The Claims Tribunal in the impugned judgement came to the conclusion that the accident occurred due to 70% negligence on part of the driver of the matador and 30% of that of the ambassador car. The Tribunal quantified compensation payable to each claimant working out various well known heads in injury cases. Loss computed in case of the driver of the ambassador car was reduced by 30% on account of his own negligence.