1. This appeal has been preferred against the judgment and award dated 30.08.1997 passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural) in M.A.C.P. No.1424/1988 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.1,43,780/- along with interest at the rate of 12% per annum from the date of application till its realization and proportionate costs.
2. The facts in brief are that on 20.09.1988 while the appellant was travelling in an A.M.T.S. Bus bearing registration No. GRU 8593 going to Wadaj from Chandkheda in Ahmedabad City, it dashed with an oil Tanker bearing registration No. GRX 4750. As a result of the said accident, the appellant sustained multiple fractures on his right hand. He, therefore, filed the claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellant has preferred the present appeal for enhancement.
3. Heard learned counsel for the respective parties. Though served none appears on behalf of respondent no.3. The Tribunal apportioned the ratio of contributory negligence between the Tanker and AMTS Bus at 75 :
25. 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, it appears from the record that the appellant was serving in the Railways and was earning Rs.1,415/-per month as salary. Necessary documentary evidence was produced by the appellant to prove his income as also disability. After considering the documents on record, the Tribunal awarded total compensation of Rs.1,43,780/-, which, in my opinion, is just, legal and appropriate and also in consonance with the latest law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal while passing the impugned award and hence, find no reasons to entertain this appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*