1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 20.08.2009 passed by the Motor Accident Claims Tribunal, Bhavnagar in M.A.C.P. No. 372 of 2004 whereby, the claim petition was partly allowed and the appellants, original claimants, were awarded total compensation of Rs.1,79,500/- along with interest at the rate of 7.5% per annum from the date of application till its realization.
2. The facts in brief are that on 24.02.2004 at around 14.30 hrs. while the deceased was going on motorcycle No.GJ-4-R-704 as a pillion rider, a Tempo bearing registration No. GJ-4-V-2086 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3-Insurance Company, dashed the motorcycle. In the said accident, the deceased sustained severe bodily injuries, which succumbed to death. The original claimants, therefore, filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal.
3. Heard learned counsel for the parties. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the lower side and the Tribunal has erred in awarding Rs.15,000/- under the head of medical expenses, even though, the bills of Rs.45,153/- were produced before it. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record. So far as the question of awarding medical expenses is concerned, in the second schedule, it is specifically shown that in case of death the claimants would be entitled for medical expenses, which has been actually incurred before death, supported by bills/ vouchers, but, not exceeding Rs.15,000/-. Hence, the contention advanced by learned advocate for the appellant is baseless. 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.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] ..mitesh..
Top