1. This appeal has been preferred against the judgment and award dated 17.12.2011 passed by the Motor Accident Claims Tribunal [Aux.] at Ahmedabad in M.A.C.P. No. 306/2003, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,72,2000/- along with interest @ 8% per annum from the date of the application till its realization.
2. The facts in brief are that on 05.08.2002 while Jagdishbhai was returning from his service on his cycle, at a particular place, the driver of the S.T. Bus - respondent no. 2 herein, and the driver of the Truck - respondent no. 3 herein on account of rash and negligent driving of both the offending vehicles, Jagdishbhai sustained severe bodily injuries and later on died. The legal heirs of the deceased, therefore, filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Corporation has preferred the present appeal.
3. Heard learned counsel for the appellant. After appreciating the evidence on record, more particularly, the FIR at Exh.56 and the Panchnama of the place of accident at Exh.57, the Tribunal recorded the finding that the accident took place on account of the negligence on the part of the driver of the S.T. bus. Apart from that there is no dispute regarding the involvement of the bus as well as the occurrence of the accident. In view of the above factual scenario, the Tribunal was completely justified in holding the driver of the S.T. bus negligent for the accident.
4. In order to prove the income, respondent no.1 had file affidavit that her husband was earning Rs.2,500/- by doing service in a Transport Company and Rs.1,500/- by way of commission of the Truck given on rent. On that basis, his monthly income was assessed at Rs.3,000/-, which is just and proper.
5. In view of the above discussion, I find no merits in the present appeal. I am in complete agreement with the reasonings given by and the findings recorded by the Tribunal in the impugned award. Consequently, the appeal as well as civil application stand dismissed. No costs.
[K.S.
JHAVERI, J.] /phalguni/ Top