1. By way of this appeal, the appellant-original opponent has challenged the judgment and award dated 07.04.2004, passed by the Motor Accident Claims Tribunal(Auxi.),Court No.19, Ahmedabad, in M.A.C.P. No.1040 of 1995, whereby the tribunal has awarded compensation in the sum of Rs. 1,41,000/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 05.12.1994 while Rajeshkumar Chhaganlal Vaishya, respondent herein, alongwith his friend was waiting for bus near Galaxy Cinema Bus stand, at that time one bus coming from the Naroda Cross road. When the respondent was trying to board the bus from the rear entrance, the bus driver suddenly accelerated the bus, therefore, the respondent fell down on the road. As a result of the said accident, the respondent sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.1040 of 1995 before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original opponent.
3. Learned counsel for the appellants contended that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present appeal.
4. Learned counsel for the respondent supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed this appeal.
5. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellant with regard to the amounts awarded by the Tribunal under different heads together with interest thereon, and with regard to the negligence are concerned, I have gone through the impugned award and 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. Therefore, 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.
6. In the result, this appeal is dismissed. No order as to costs.
(K.S.
JHAVERI,J.) pawan Top