1. In connection with the vehicular accident that took place on 04.02.1994 involving an ST Bus bearing registration No. GQE 9425 belonging to the appellant-Corporation, respondent no.1, original claimant, had preferred M.A.C.P. No.472/1994 before the Motor Accident Claims Tribunal (Aux.-III), Nadiad. The Tribunal allowed the said claim petition in part, by judgment and award dated 28.08.2002 and awarded compensation of Rs.3,46,000/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
2. Being aggrieved by the impugned award, the appellant has preferred the present appeal mainly on the ground that the Tribunal has erred in deciding the issue of contributory negligence and in also assessing the aspect of permanent disability sustained by respondent no.1-claimant.
3. Heard learned counsel for the parties. Having gone through the impugned award, I find that before the Tribunal the driver of the ST Bus has not stepped into the witness box to lead any evidence. Looking to the evidence on record and since the driver has not lead any evidence, the Tribunal has decided the issue of contributory negligence against the appellant-Corporation. The medical evidence on record in the form of oral evidence of Dr. P.L. Joshi clearly establish that the claimant sustained permanen disablement of 37.5% for the body as a whole. Considering the entire evidence on record, I am of the view that the compensation awarded by the Tribunal under the respective heads are just and appropriate and also in consonance with 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.] Pravin/* Top