1. By way of this appeal, the appellant-original claimant No.2 has challenged the judgement and award dated 19.04.2000, passed by the Motor Accident Claims Tribunal(Auxi.) Baroda, in M.C.A.P. No.306 of 1989, whereby the tribunal has partly allowed the claim petition and awarded compensation in a sum of Rs.1,78,400/- only tto the wife of the deceased with interest at the rate of 12% per annum from the date of filing the claim petition till its realization.
2. The short facts leading to filing of this appeal are that on 09.10.1986 in an vehicular accident one Shantilal expired Therefore, the wife and married daughter of the deceased filed claim petition being M.A.C. P. 306 of 1989, before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award in favour of the wife of the deceased as stated herein above against which the present appeal is filed by the appellant-original claimant No.2.
3. Learned counsel for the appellant submitted that the Tribunal has committed an error in passing the impugned judgement and award. Therefore, he prayed to allow this appeal.
4. I have heard learned advocate for the appellant and perused the materials on record. It is not in dispute that the present appellant is the married daughter of the deceased. In view of the several decisions of the Apex Court, married daughter is not dependent upon the income of his father. Here, in this case, the appellant is the married daughter of the deceased, therefore, the view taken by the Tribunal is just and appropriate.
5. 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. Therefore, the present appeal is devoid of any merits and the same is accordingly, dismissed.
[K.S.JHAVERI,J.] pawan Top