1. This appeal has been preferred by the appellants, original opponents no.1 & 2 in M.A.C.P. No.609/1999, which was preferred by respondents no.1 to 4 herein, original applicants, before the Motor Accident Claims Tribunal (Aux.-II), Amreli in connection with the vehicular accident that took place on 13.09.1999 involving an ST Bus bearing registration No. GJ-18-V-1229 and in which two persons, namely, Nikulbhai and his wife Bhanuben, had expired.
2. The said claim petition was allowed in part by judgment and award dated 31.03.2005 whereby, the claimants were awarded total compensation of Rs.2,33,440/- along with interest at the rate of 09% per annum from the date of application till its realization with proportionate costs.
3. Learned counsel for the appellants argued on the point of contributory negligence and the assessment of income made by the Tribunal. On the other hand, learned counsel for the respondents supported the impugned award and submitted that the compensation award is just and appropriate.
3. Heard learned counsel for the respective parties. Having gone through the impugned award, I find that the Tribunal has dealt with every aspect of the case in detail. After appreciating the panchnama of the scene of accident, the Tribunal concluded that both the vehicles, viz. the ST Bus and the Motor-cycle, were found to have been driven on the middle of the road at the relevant point of time. It was found from the said panchnama that the Motor-cycle had not crossed the while-line, which is used to be drawn on the centre on the road for traffic convenience. However, the Bus being a Heavy vehicle, it ought to have been driven carefully. Considering the facts of the case and the panchnama of the place of accident, I am of the view that the Tribunal has rightly apportioned contributory negligence between the ST bus and Motor- cyclist at 80 : 20.
4. On the aspect of quantum of compensation, I find that the Tribunal has appreciated the evidence on record in its proper perspective and has awarded compensation, which is just, legal and appropriate. Learned counsel for the appellant was not in a position to point out from the impugned award as to where the Tribunal has committed any illegality or impropriety while deciding the claim petition. I am in complete agreement with the reasonings given by the Tribunal in its award and hence, find no reasons to entertain this appeal.
5. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*