1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 07.11.2000 passed by the Motor Accident Claims Tribunal, Mehsana in M.A.C.P. No. 1326/1990 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.44,000/- along with interest at the rate of 12% per annum from the date of application till its realization.
2. The facts in brief are that on 29.08.1990 while the son of the appellant, original claimant, was going to Palanpur by sitting in the truck No.GJ-8-T-4047. At that time, one truck No.PAT-5807 came in excessive speed and dashed with truck No.GJ-8-T-4047. As a result, the son of the appellant was expired. The appellant, 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 appellant has 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. It is also further contended that the Tribunal has also erred in deducting 1/3 amount towards personal expenses of the deceased and thereafter, granting only 1/3 amount to the claimant as dependency. However, having gone through the impugned award, I find that the the Tribunal was completely justified in deducting 1/3 income towards personal expenses and awarding only 1/3 amount towards dependency as the deceased was working at Ahmedabad, Gujarat and his father was living at Badmer District of Rajasthan State. The findings given by the Tribunal in Paragraph No.33 is in consonance with the evidence on record and the law on the subject. 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..
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