1. By way of this appeal, the appellants- original claimants have challenged the judgement and award dated 22.1.2001, passed by the Motor Accident Claims Tribunal(Main), Bhuj-Kutch, in M.A.C.P. No. 401 of 200, whereby the tribunal has awarded compensation in the sum of Rs. 2,70,500/- to the claimants 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 one Valji Natha Harijan was serving as a Cleaner in a Truck bearing registration No.4117. On 25.04.2000 while he was returning from Ahmedabad to Kachchh in the said Truck Truck bearing registration No.4117. As a result of the said accident, Valji Natha Harijan sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.401 of 200 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.
3. Learned counsel for the appellants 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.
4. 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 is 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. I also find that the Tribunal has not applied the principle laid down in the case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121 in awarding quantum. However, as cross objection is not filed by the respondents, I cannot reduce the 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 appeals.
5. In the result, this appeal is dismissed. No order as to costs.
(K.S. JHAVERI,J.)
pawan