1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 11.01.2001 passed by the Motor Accident Claims Tribunal (Aux), Dhrangadhara in Motor Accident Claims Petition No. 89 of 1998 so far as the Tribunal awarded only Rs. 86,000/- as compensation with interest at 12% per annum.
3. It is the case of the appellant that on 11.03.1989 while one Shri Vithalbhai was travelling in a tractor trolley being driven by the original opponent no. 1 in a rash and negligent manner, the tractor trolley met with an accident as a result of which the sustained injuries on various parts of the body and Vithalbhai finally succumbed to the same. The appellants therefore filed claim petition to the tune of Rs. 3,50,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Mehta, learned advocate appearing for Mr. Shah 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 adequate amount under various heads. He submitted that the Tribunal has wrongly assessed the income of the deceased.
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 accident occurred as a result of the rash and negligent driving of the original opponent no. 1. The Tribunal has assessed the notional income of the deceased at Rs. 1200/-. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 86,000/-. 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.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S. JHAVERI, J.) Divya//