1. By way of this appeal, the appellant- Insurance Company has challenged the judgment and award of the M.A.C.T., Kutch, dated 04.05.2006 passed in M.A.C.P. No.244 of 2005, whereby the Tribunal partly allowed the said claim petition and awarded Rs.2,04,500/- together with costs and interest at the rate of 9 per cent per annum from the date of application, till its realization.
2. The brief facts of the case are that, on 04.05.2005, his minor son called Amad Dawood Buta, aged about 11 years, has died in the accident. At the time of accident, he was playing with other children. That around 16:30 hours, the opponent no.1 came driving his vehicle No.MH-04-F- 5189 rashly, recklessly, negligently and at an excessive speed and dashed his vehicle with their minor child. The child was crushed below the vehicle and he succumbed on the spot, due to the serious injuries sustained by him in the said accident. The accident was the result of rash and negligent driving of the said vehicle. 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 respondents have opposed the appeal and have prayed to dismiss the same, as being without merit. Though served, none appears on behalf of the respondents.
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-26) and Inquest Panchnama(Exhibit-26), 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/