1. By way of this appeal, the appellant- Insurance Company has challenged the judgment and award of the M.A.C.T., Bhavnagar, dated 07.07.2006 passed in M.A.C.P. No.492 of 2004, whereby the Tribunal partly allowed the said claim petition and awarded Rs.1,40,000/- together with costs and interest at the rate of 9% per annum from the date of application, till its realization.
2. The brief facts of the case are that, on 30.04.2004, the deceased-Rudabhai was walking in the side on Rajkot Bhavnagar Road, near Rajpara Village, when he reached at main road, near shopping centre the opponent no.1 came with a Truck bearing Registration No.GJ4T-9515 driving in excessive speed and rash and negligent manner collided with the deceased as a result the deceased sustained serious and grievous injuries and the deceased was died. The complaint was registered against the opponent no.1 regarding the accident before Sihor Police Station vide I.C.R.No.74/2004. The contention is raised in the claim petition that the deceased was earning Rs.75,000/- per year and demanded compensation Rs.1,41,500/- as per 163-A of Motor Vehicles Act. Hence, the present appeal.
3. The learned Counsel for the appellant has raised various contentions. He submitted that the Tribunal erred in passing the impugned judgment and award. The Tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the Tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.
4. On the other hand, learned Counsel for the respondent nos.1/1 to 1/5 have opposed the appeal and have prayed to dismiss the same, as being without merit. Though served, none appears on behalf of respondent nos.2 and 3.
5. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellants with regard to the liability, amount awarded by the Tribunal towards compensation etc. are concerned, the Tribunal has elaborately discussed the evidence in detail, more particularly, the evidence in the form of FIR(Exhibit-34), Panchnama(Exhibit-35), P.M. Report(Exhibit-37), which support the case put forward by the original claimants. I have also gone through the impugned order and I find that the compensation awarded by the Tribunal is 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 reason to entertain the present appeal.
6. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) koshti/