1. Being dissatisfied with the compensation awarded by the Motor Accident Claims Tribunal (Main), Bhavnagar in M.A.C.P. No.53/2002, the appellants have preferred the present appeal for enhancement of compensation.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 04.01.2002 in which Punabhai Danabhai expired. The Tribunal allowed the claim petition in part by judgment and award dated 02.04.2005 whereby, a total compensation of Rs.2,01,500/- was awarded along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
3. The main head under which the appellants have sought enhancement is that the income assessed by the Tribunal is on the lower side. It is submitted that the monthly income ought to have been assessed at Rs.3,000/- instead of Rs.1,500/- considering the documents on record.
4. Having heard both the sides, I find that the documents on which the appellants have placed reliance were never exhibited before the Tribunal in evidence. The documents pertaining to income were only given “mark” by the Tribunal and were not exhibited. Therefore, the Tribunal was justified in assessing the monthly income at Rs.1,500/-. So far as compensation awarded under the other heads are concerned, the same are just and appropriate.
5. In view of the above, I find no reasons to entertain this appeal. Consequently, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*