1. This appeal has been preferred against the judgment and award dated 15.12.2003 passed by the Motor Accident Claims Tribunal [Aux-II], at Surendranagar in M.A.C.P. No. 502/1991, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation 3,41,250/- along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 02.12.1990 while the respondent was driving Truck bearing no. GTW 8974, at a particular place, a S.T. bus bearing No. GRU 4159, on account of excessive speed, the driver of the bus lost control and dashed the bus with the Truck, as a result of which the respondent original claimant 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. Heard learned counsel for the respective parties. The Tribunal apportioned the ratio of contributory negligence between the Truck and S.T. Bus at 25 : 75. Having considered the evidence on record, I agree with the conclusion arrived at by the Tribunal on the issue of negligence. On the issue of quantum of compensation, 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