1. Heard learned advocates for the parties and perused the papers on record.
2. The appellants herein have challenged the award dated 16.01.1998 passed by the Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claims Petition No. 867 of 1988 so far as the Tribunal awarded Rs. 2,56,000/- as compensation with interest at 12% per annum.
3. It is the case of the original claimant that on 11.04.1988 while she was riding a Luna bearing registration no. GBT 5026, a truck bearing registration no. GTT 4783 being driven by the original opponent no. 1 in a rash and negligent manner came from the opposite direction and hit the luna as a result of which the claimant sustained injuries on various parts of the body. The claimant therefore filed claim petition seeking compensation. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Rajni Mehta, learned advocate appearing for Mr. Ajay Mehta for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding excess amount under various heads. He submitted that the Tribunal has wrongly considered the sole negligence of the tanker. He further submitted that the Tribunal wrongly assessed the income of the claimant and the disability.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the rash and negligent driving of the original opponent no.
1 solely. The FIR and panchnama were considered by the Tribunal. It is required to be noted that the original opponent no. 1 did not tender oral testimony and there was no evidence contrary to the deposition rendered by the original claimant.
6. The Tribunal has assessed the disability of the whole body at 55%. The Tribunal also assessed the annual income of the original claimant at Rs. 20,000/- . Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 2,56,000/-. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
7. In the premises aforesaid, appeal is dismissed. No costs.
(K.S. JHAVERI, J.) Divya//