1. The appellant-Insurance Company has preferred the present appeal against the judgment and award dated 15.05.2002 passed by the Motor Accident Claims Tribunal, Bhavnagar in M.A.C.P. No.600/1995 whereby, the claim petition was allowed in part and the respondent, original claimant, was awarded total compensation of Rs.3,06,000/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.
2. The aforesaid claim petition was preferred in connection with the vehicular accident which took place on 05.10.1995 involving a luxury bus bearing registration No. GJ-14-T-345. In the said accident, the deceased sustained severe bodily injuries and died, therefore, the claimants filed claim petition claiming total compensation of Rs.5.00 Lacs.
3. The appellant-Insurance Company has challenged the impugned award mainly on the grounds that the Tribunal has erred in deciding the issues regarding negligence and compensation awarded under the different heads. It is also submitted that the rate of interest awarded by the Tribunal is on the higher side and deserves to be reduced.
4. Heard learned counsel for the respective parties. After considering the evidence on record in the form of panchnama of the scene of accident at Exhibit-31, the FIR at Exhibit-30 and the oral evidence of an eye witness-Babubhai Gigabhai at Exh.48, the Tribunal concluded that the accident occurred on account of the 90% negligence of the luxury bus driver and 10% negligence of deceased-tempo driver. In my opinion, while recording such finding, the Tribunal has appreciated the evidence on record in its proper perspective and has rightly held the contributory negligence of both the drivers. Having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and also 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 reasons to entertain the present appeal.
5. For the foregoing reasons, the appeal is dismissed. No order as to costs.
..mitesh..
[K. S. JHAVERI, J.]