1. By way of this appeal, the appellant-original opponent No.1 has challenged the judgment and award dated 14.10.1999, passed by the Motor Accident Claims Tribunal, Morvi, in Claim petition No.386 of 1989, whereby the tribunal has awarded compensation in the sum of Rs. 97,800/- to the claimant with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 26.09.1993 the present appellant-original opponent No.1 had engaged one Truck bearing registration No. GTY-5107 for transporting its labourers from their village to Lavanpur Factory. The driver of the said Jeep was driving his vehicle rashly and negligently, therefore, he lost control over his vehicle and the said Truck turned turtle. As a result of the said accident, several labourers died on the spot and several labourers sustained grievous injuries. In the said accident one Amarsang Alias Amubha Kalubha also sustained grievous injuries, therefore, he filed claim petition being Claim petition No. 386 of 1989 before the Tribunal. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original opponent No.1.
3. Learned counsel for the appellant contended that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present appeal and enhance the compensation.
4. Learned counsel for the respondent supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismiss this appeal.
5. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellant with regard to the amounts awarded by the Tribunal under different heads together with interest thereon, and with regard to the negligence are concerned, I have gone through the impugned award and I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. Further the Tribunal after considering the evidence observed that the offending vehicle was engaged by the original opponent No.1, present appellant, for transportation of labourers from their village to the factory and the custody of the offending vehicle was with the opponent No.1, therefore, opponent No.1 also liable to pay amount of compensation. 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.
6. In the result, this appeal is dismissed. No order as to costs.
(K.S. JHAVERI,J.) pawan