1. By way of this appeal, the appellants- original claimants have challenged the judgment and award of the M.A.C.T.(Auxi.), Ahmedabad(Rural), Ahmedabad, dated 20.02.1989, rendered in M.A.C.P. No.1013 of 1986, whereby the tribunal awarded Rs.71,200/- along with interest at the rate of 12 per cent per annum from the date of application, till its realization.
2. Brief facts of the case are that, on 02.02.1985, while the deceased-Ashokbhai Govindbhai was proceeding on his motor-cycle, he was dashed by a car driven by respondent No.1 in rash and negligent manner and insured by respondent No.2. As a result thereof, the deceased received severe bodily injuries and later on succumbed to the same. The appellants, therefore, being the heirs and legal representatives of the deceased, preferred the aforesaid claim petition, wherein the tribunal passed the impugned judgment and award. Hence, the present appeal.
3. The learned Counsel for the appellant has raised various contentions. He submitted that the tribunal erred in passing the impugned judgment and award. The tribunal ought to have attributed 100 per cent negligence to the driver of the car. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.
4. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellants with regard to the negligence, amount awarded by the tribunal towards compensation etc. are concerned, the tribunal has elaborately discussed the evidence in detail, more particularly, the evidence in the form of FIR(Exhibit-25) and Panchnama(Exhibit-26) and has rightly come to the conclusion that had the drivers of both the vehicles taken reasonable care and caution, the alleged accident would not have happened and has rightly attributed 50 per cent negligence to the drivers of both the vehicles. I have also gone through the impugned order and I find that the compensation awarded by the tribunal is just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the tribunal, and hence, I find no reason to entertain the present appeal.
5. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) Umesh/