1. This is an appeal, whereby the appellant has challenged the judgment and award of the M.A.C.T.(Auxi.), Kachchh at Bhuj, dated 18.10.2004, rendered in M.A.C.P. No.83 of 2001, whereby the tribunal partly allowed the said claim petition and awarded Rs.4,84,500/- along with interest at the rate of 9 per cent per annum from the date of application, till its realization.
2. The brief facts giving rise to the present appeal are that, on account of a vehicular accident, which took place on 08.11.2000 between a tempo trax and a jeep car, the deceased-Ramanbhai Karnabhai Makwana received serve bodily injuries and later on succumbed to the same. The respondent Nos. 1 and 2, therefore, being the heirs and legal representatives of the deceased- Ramanbhai, preferred the aforesaid claim petition in which the tribunal passed the impugned judgment and award. Hence, the present appeal.
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 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-38), Panchnama(Exhibit-39), Charge- sheet(Exhibit-40), which supports 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.
5. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) Umesh/