1. This appeal has been preferred against the judgment and award dated 22.04.1999 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot at Gondal in M.A.C.P. No.342/1993 whereby, the claim petition was partly allowed and respondents no.1 & 2, original claimants, were awarded total compensation of Rs.5.45 Lacs along with interest at the rate of 12% per annum from the date of application till its realization.
2. The aforesaid claim petition came to be filed in connection with the vehicular accident that occurred on 08.02.1993 at about 1315 hrs. near Village Derdi Kumbhaji involving a Motor-cycle bearing registration No. GJ-3A-6646 and a goods rickshaw bearing registration No. GJX-2344. In the said accident, Ashique, aged 23 years, sustained severe injuries and died on the spot.
3. Though served, none appears on behalf of respondents no.3 to 5. Heard learned counsel for the parties. The main contention raised on behalf of the appellant is that the compensation awarded by the Tribunal is on the higher side and also contrary to the evidence on record. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and also in consonance with the evidence on record. If, however, the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121 is followed, the compensation would increase but, this being an appeal by the Insurance Company, the same is not considered. 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.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*