1. This appeal has been preferred against the judgment and award dated 05.11.1990 passed by the Motor Accident Claims Tribunal [Auxi.] in M.A.C.P. No. 251 of 1987, whereby the claim petition was partly allowed and the original claimant was awarded total compensation of Rs.59,440/- along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 19.11.1986, while the appellant was travelling in a Jeep car bearing no. GJU 8624, at a particular place, on account of rash and negligent driving of respondent no. 1 herein, the Jeep car turned turtle. As a result of which, the appellant sustained severe bodily injuries. Later on, the appellant filed claim petition, which came to be partly allowed, by way of the impugned award. The present appeal is filed for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. The only contention raised on behalf of the appellant-Insurance Company is with respect to disability. So far as the issue regarding disability is concerned, the applicant had passed the pursis to the effect that it may be assessed at 25% for the body as a whole. Looking to the medical evidence on record, the assessment made is just and proper and I find no illegality with the same. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal in the impugned award and hence, find no reasons to interfere with the same.
6. For the foregoing reasons, the appeal is dismissed. No costs.
[K.S.
JHAVERI, J.] /phalguni/ argin-bottom: 0in; line-height: 150%">/phalguni/