- (1.) LEAVE to delete appellant no.5 of FA No.5365/07, since, as stated by Mr. Shah, he has expired and the other legal heirs of the deceasedclaimants are already there on record.
(2.) AS both the appeals arise from the common judgment and award passed by the Tribunal, they are being considered simultaneously. Both the appeals are directed against the common judgment and award passed by the Tribunal in MACP No.761/04, whereby the Tribunal has awarded compensation of Rs.19,07,000/ - with interest at the rate of 9% p.a.
(3.) THE short facts of the case appear to be that deceased Rameshbhai Ishwarbhai was going as pedestrian with complainant Kanubhai for the evening walk and when they reached near Saibaba Mandir, at Lakhwad road of taluka Mehsana, one jeep bearing registration No.GJ2Y4506 dashed to the deceased Rameshbhai and he was thrown away and he sustained injuries and he succumbed to the injuries. It may be recorded that in the said accident, the other persons of the vehicle were also injured and they also filed claim petitions, but as in the present appeals, it is restricted to the claim petition filed by the dependent members of family of deceased Rameshbhai, we find it appropriate not to discuss the facts and circumstances of the other claimants in the respective petitions. On account of the aforesaid accident and death of Rameshbhai, claim petition was filed, being MACP No.761/04, by the dependent members of the family of the deceased for compensation of Rs.35,00,000/ - . The Tribunal at the conclusion of the claim petition, together with the other connected claim petitions arising from the accident, passed the common judgment and award and so far as the present claim petition being MACP No.761/04 is concerned, as recorded earlier, the amount of compensation awarded is of Rs.19,07,000/ -with interest at the rate of 9% p.a. It is under these circumstances, the insurance company of the jeep has preferred First Appeal No.2922/07 for reduction of the amount of compensation, whereas, the original claimants have preferred First Appeal No.5365/07 for enhancement of the compensation. We have heard Mr. Nanavati for Oriental Insurance Co. Ltd. and Mr. Mehul Sharad Shah for the original claimants appears in the respective matters for the concerned parties.;