1. This appeal has been preferred against the judgment and award dated 23.12.2003 passed by the Motor Accident Claims Tribunal [Main], Panchmahal at Godhra in M.A.C.P. No. 1014 of 1995, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.98,964/- along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 15.01.1995, while respondent original claimant while trying to board the bus at that time, the driver of the S.T. bus, without any signal started the bus, as a result of which, the respondent sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Corporation has preferred the present appeal.
3. The main contention raised by the appellant-Corporation is that the accident in question took place not on account of the sole negligence of the driver of the ST bus. Having considered the evidence on record, I agree with the conclusion arrived at by the Tribunal on the issue of negligence. Further, it has also been contented that the compensation awarded by the Tribunal under different heads is on 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. 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.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top