1.0 This appeal is directed against the judgement and award dated 12th April 2006 passed by learned Motor Accident Claims Tribunal (Auxi), Surendranagar in Motor Accident Claim Petition No.467/2001 whereby the Tribunal has awarded a sum of Rs.71,000/ along with interest at the rate of 9% per annum.
2.0 On 11.6.2001 the claimant was traveling as a pillion rider on a Hero Honda Motor Cycle. He was proceeding from Dhuliyala village to Rampura village. At that time the motor cycle slipped and the claimant sustained injuries. He therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed.
3.0 As a result of hearing and perusal of the record, I am of the view that only one contention is required to be considered. According to the learned Advocate for the appellant, the claimant was a pillion rider at the time of the accident and the owner of the insured vehicle has not paid additional premium for the liability of the pillion rider.
4..0 In this connection as regards the ownership of the vehicle is concerned, the same was established. R.C. Book and payment receipt of the insurance was produced on record. Thus, the insurance policy was taken in respect of the said vehicle. However, the policy was not exhibited and the appellant has not made any efforts before the Tribunal to prove that the owner has not paid additional premium for the liability of the pillion rider. Even before this Court learned Advocate for the appellant is not in a position to point out any material to take a contrary view of the matter.
5.0 As regards the quantum aspect is concerned, the finding could not be assailed on any ground. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed with no order as to costs.
(K.S. JHAVERI, J.) niru*