1. This appeal has been preferred against the judgment and award dated 08.04.2005 passed by the Motor Accident Claims Tribunal [Aux.] Bhavnagar in M.A.C.P. No. 684/1999, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.3,48,000/ along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 16.05.1999 at around 0830 hrs., while respondent no. 1 original claimant was near Padiad Ranpur Road, at that time, a Truck bearing No. GTW 3970, on account of rash and negligent driving dashed respondent no. 1 from behind, as a result of which, respondent no. 1 sustained severe bodily injuries. Later on, the claimant filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Insurance Company has preferred the present appeal.
3. Heard learned counsel for the appellant. Though served, none appears on behalf of the respondents. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the higher side. 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 and the law on the subject.
4. So far as the issue regarding disability is concerned, the same has been assessed at 100%. To prove the same, the claimant had examined Dr. Kishorebhai Solanki at Exh.52. Looking to the medical evidence on record, the assessment made is just and proper and I find no illegality with the same. 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.
5. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/