1. This appeal has been preferred against the judgment and award dated 14.10.1992 passed by the Motor Accident Claims Tribunal, Kachchh at Bhuj in M.A.C.P. No.241/1986 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,07,300/- along with interest at the rate of 12% per annum from the date of application till its realization and proportionate costs.
2. The facts in brief are that on 14.09.1986 at about 2000 hrs. while Koli Bhachu Musa was proceeding towards Nakhatrana from Vithon on his bicycle, an ST bus bearing registration No.GRU 7492 driven by respondent no.6 herein and belonging to the appellant- Corporation dashed the bicycle from the behind. As a result thereof, Koli Musa sustained severe bodily injuries and ultimately, died during the course of treatment. His legal heirs filed the claim petition before the Tribunal claiming compensation of Rs.1.25 Lacs, which came to be partly allowed by way of the impugned award. Against the said award, the appellant-Corporation has preferred the present appeal.
3. Heard Mr. HS Shah learned counsel for the appellant and Mr. YS Mankad learned counsel for respondents no.2 to 4. Though served, none appears on behalf of respondents no.5 to 6. It has been mainly contended on behalf of the appellant Corporation that the bus in question was never involved in the accident as the same was not plying on the road at the relevant point of time on account of some repair work and was, therefore, parked in the depot. It has also been contended that even if it is concluded that the ST bus was in fact involved in the accident, then the compensation awarded by the Tribunal under different heads is improper, erroneous and without any basis. It has been, therefore, submitted on behalf of the appellant that the impugned award deserves to be quashed and set aside.
4. However, the respondents have vehemently objected to the submission made by the appellant regarding non-involvement of the ST bus in the accident. It has been submitted that the appellant had not produced any documentary evidence on record to prove that the ST bus in question had been parked in the Depot at the relevant time. So far as the quantum of compensation is concerned, it has been submitted that the Tribunal, after appreciating the evidence on record, has rightly awarded the compensation in question. Hence, this Court may not disturb the same.
5. The defence raised by the appellant-Corporation regarding non-involvement of the ST bus in the accident is without any basis since the appellant has not produced any evidence on record to prove that the Bus in question was parked in the Depot at the relevant time. The Tribunal has elaborately dealt with the said issue in detail in its judgment. In the absence of cogent evidence on record and considering the oral evidence of the witnesses, I agree with the reasonings given by the Tribunal while holding the ST bus negligent for the accident. So far as the quantum of compensation is concerned, I find the same to be in consonance with the evidence on record. The Tribunal has appreciated the evidence on record in its proper perspective and has awarded compensation which is in accordance with the law on the subject. In view of the above, I find no reasons to disturb the impugned award passed by the Tribunal.
6. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*