1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – insurance company has challenged the judgment and award dated 22nd March 2005 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in MAC Petition No.322 of 2003 whereby the Tribunal has allowed the claim petition partly.
2 The brief facts giving rise to the present appeal are to the effect that on the date of the incident i.e. on 12th May 2003 at about 5.30 PM while the deceased was standing near Jakhaniya Patiya on the extreme left side of the road, a tempo came from the side of Mota Asambiya side. As the said tempo was being driven in excessive speed and rashly and negligently due to which he lost control over the tempo and hit the deceased. The deceased was removed to the Hospital where he succumbed to the injuries.
3 The appellants being the heirs and legal representatives of the deceased filed aforesaid MAC Petition No.322 of 2003 claiming compensation from the respondents herein.
4 The Tribunal has considered the notional income of the boy at Rs.15,000 per annum arrived at Rs.3,00,000 as per Second Schedule to the Motor Vehicles Act and after deducting 1/3 therefrom towards personal expenses he considered Rs.2 lakhs to be future economic loss. He has also awarded Rs.2,000 towards cremation charges and Rs.2500 as loss of estate. Thus, in all, the Tribunal has awarded Rs.2,04,500 to the claimants along with interest at the rate of 9% per annum against which the present appeal is filed by the insurance company. The appellants have filed the present appeal for enhancement of compensation.
5 Having heard the learned counsel for the parties and having perused the record, I am of the opinion that the Tribunal has considered the evidence properly and awarded the aforesaid amount. Therefore, no case is made out for interfering with the same. The appeal has no merits. The same is therefore dismissed with no order as to costs.
(K.S.Jhaveri, J.) *mohd