1. By way of this appeal, the appellant- original opponent No.3 has challenged the judgment and award dated 28th July, 1999, passed by the Motor Accident Claims Tribunal(Auxi.), Panchmahals at Godhra, in M.A.C.P. No.1110 of 1995, whereby the tribunal has awarded compensation in the sum of Rs. 5,77,180/- to the claimants with interest at the rate of 15% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 18.8.1995 one Huseinbhai Jamaluddin Shaikh was going on his scooter bearing registration No. GJ-17B-9391. At that time one Truck bearing registration No.GJ-17T-7356 came from opposite direction and dashed the said scooter. As a result of the said accident Huseinbhai Jamaluddin sustained grievous injuries and due to which he died. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.1110 of of 1995 before the Tribunal for compensation. 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 No.3.
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. He further contended that the Tribunal has committed an error in holding the driver of the Truck solely negligence for the accident. Therefore, he has prayed to allow the present appeal.
4. Learned counsel for the respondents supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed this appeal.
5. 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 and with regard to the negligence are 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.
Therefore, 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.
6. In the result, this appeal is dismissed. No order as to costs.
(K.S. JHAVERI,J.) pawan