1. This appeal has been preferred against the judgment and award dated 05.10.2001 passed by the Motor Accident Claims Tribunal, Kuchchh at Gandhidham in M.A.C.P. No.244/2000 whereby, the claim petition was partly allowed and the appellants, original opponents, were held liable to pay Rs.2,04,500/- along with interest at the rate of 9% per annum from the date of application till its realization and proportionate costs as compensation to the respondents, original claimants.
2. The facts in brief are that on 09.06.2000 at about 1015 hrs. while Shardaben, aged around 14 years and daughter of respondents, original claimants, was returning home by foot after visiting her maternal uncle's house, a Tempo bearing registration No. BA-89- D-82169-E driven by appellant no.1 and belonging to appellant no.2, dashed Shardaben. As a result thereof, Shardaben sustained severe bodily injuries and died on the spot. Her legal heirs filed claim petition before the Tribunal, which came to be partly allowed, by way of the impugned award. Against the said award, the appellants, original opponents, have preferred the present appeal.
3. Heard learned counsel for the respective parties.
The impugned award has been passed u/s.163-A of the M.V. Act and therefore, the issue of negligence is not required to be looked into. Before the Tribunal, the claimants had not produced any documentary evidence to prove the income of the deceased and requested the Tribunal, vide purshis Exh.24, to assess notional income as per the provisions of the M.V. Act. Accordingly, the Tribunal assessed her annual income at Rs.15,000/- as per IInd Schedule of the said Act and awarded Rs.2,00,000/- as compensation payable u/s.163-A of the said Act. The age of the deceased was considered as 13 years on the basis of the PM Report since no documentary evidence was produced by the respondents to prove the age of the deceased. Considering the facts of the case and the evidence on record, I am of the view that the compensation awarded by the Tribunal is just, legal and appropriate. I am in complete agreement with the reasonings given by the Tribunal while passing the impugned award and hence, find no reasons to entertain this appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*