1. By way of these appeals, the appellant- original opponent No.2 has challenged the common judgment and award dated 15.04.1997, passed by the Motor Accident Claims Tribunal (Auxi-ii), Ahmedabad, in M.A.C.P. No.595 and 596 of 1988, whereby the tribunal has awarded compensation in the sum of Rs. 2,50,000/- to the claimants of M.A.C.P. No. 595 of 1988 and Rs.87,940/- to the claimants of M.A.C.P. No.596 of 1988 with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of these appeals are that on 10.03.1988 one Balvantbhai, who was serving as Senior Clerk in the office of the Executive Engineer, Irrigation Division, Ahmedabad alongwith his staffs and family members were going for inspection in a Jeep bearing registration No.GUD-
294. When they reached near village Rajid. The driver of the said Jeep was driving his vehicle rashly and negligently, therefore, he lost control over his vehicle and the said Truck turned turtle. As a result of the said accident, the father and mother of the original claimants expired and Manishaben Balvantbhai Barot sustained injuries. Therefore, filed claim petitions being M.A.C. P. Nos. 595 and 596 of 1988 filed before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petitions and passed the award as stated herein above against which the present appeals are filed by the appellant-original opponent No.2.
3. Learned counsel for the appellant contended that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present appeals.
4. Learned counsel for the respondent supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed these appeal.
5. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellant with regard to the amounts awarded by the Tribunal under different heads together with interest thereon, and with regard to the negligence are concerned, I have gone through the impugned award and 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. Apart from that on behalf of the appellant-State Government no any witness has been examined. Therefore, 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 appeals.
6. In the result, these appeals are dismissed. No order as to costs.
7. In view of the order passed in the main appeals, the Civil Applications do not survive, therefore, the same are disposed of accordingly.
(K.S. JHAVERI,J.) pawan