1. By way of this appeal, the appellant has challenged the judgment and award of the M.A.C.T. (Main), Kachchh at Bhuj, dated 09.12.2004, rendered in M.A.C.P. No.613 of 2002, whereby the tribunal partly allowed the said claim petition and awarded Rs.2,04,500/- along with 9 per cent per annum from the date of application, till its realization.
2. The brief facts of the case are that on 03.07.2002, while the deceased, son of the respondent Nos. 1 and 2, was sitting on the kachha road near bus stop of village Paddhar, he was dashed by a truck, driven by respondent No.3 and insured by the appellant in rash and negligent manner. As a result thereof, the deceased received severe injuries and expired. Therefore, respondent Nos.1 and 2 being the heirs and legal representatives of the deceased, preferred the aforesaid claim petition, wherein the tribunal passed the impugned judgment and award. 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. 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 amount awarded by the tribunal towards compensation is concerned, I have 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.
5. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) Umesh/