[1] This appeal is directed against the judgment and award dated 10th May 2002 passed by the Motor Accident Claims Tribunal (Auxi.), Surendranagar in Motor Accident Claim Petition No.611/1995, whereby the Tribunal has awarded compensation the sum of Rs.5,67,000/- to the claimants along with interest @ 9% 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 17.05.1995 one Bhagwanbhai Mirabhai lost his life due to vehicular accident wherein while he was driving a Tractor No.GJ-13-A-1735, a luxury bus No.GJ-3-T-9835 coming from backside dashed with the tractor which was taking a turn towards Kesharpar Patia though a Truck No.GTP-8520 was coming from opposite side and ultimately the tractor dashed with the truck on Rajkot road, Near Sayla. Therefore, the present claimants filed aforesaid claim petition and the Tribunal awarded the aforesaid compensation.
[3] Learned advocate for the appellant submitted that the Tribunal has failed in appreciating the FIR at Ex.48 and panchnama at Ex.49. It is submitted that the Tribunal has not appreciated the statement of Rameshbhai, driver of the Luxury Bus, which is the only evidence in law under Evidence Act. He submitted that the Tribunal has committed an error in not deducting Rs.25,000/- from the arrived income of Rs.45,000/- per annum. He submitted that the Tribunal has committed an error in awarding Rs.75,000/- as damage to the tractor. He submitted that the Tribunal has committed an error in arriving at the negligence of the truck at 45%, luxury bus at 45% and for tractor at 10%. He submitted that the Tribunal has committed an error in considering the income of Rs.4,500/- per month of the deceased and same is on higher side. Therefore, he urged that the appeal may be allowed and the judgment and award of the Tribunal may be quashed and set aside.
[4] Heard learned advocate for respective parties and perused the relevant documents on record.
[5] I have gone through the judgment and award passed by the trial Court. I have also perused the oral as well as documentary evidence led before the Tribunal and also considered the submissions made by the learned advocate for the appellant. From the record, it appears that the Tribunal, while appreciating the evidence, has come to the conclusion that there was a negligence on the part of truck at 45%, luxury bus at 45% and for tractor at 10%. The Tribunal has also assessed the income of the deceased of Rs.4,500/- per month and after deducting 1/3rd the personal expenses arrived at Rs.3,000/- as dependency. Accordingly, the annual income comes to Rs.36,000/- as dependency. The Tribunal has come to the conclusion that at the time of accident the age of the deceased was 35 years and, therefore, 15 multiplier is just and proper. Considering the findings given by the Tribunal, I am of the opinion that the Tribunal has not committed any error by awarding the compensation. The Tribunal has also given the findings and reasons in paragraph No.16 of the impugned judgment and award. Therefore, the award of the Tribunal is just and proper.
[6] In above view of the matter, I am of the considered opinion that the Tribunal was completely justified in awarding the compensation to the claimant. I find that the findings recorded by the Tribunal are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by the Tribunal. I am, therefore, in complete agreement with the findings and conclusion of the Tribunal and therefore, there is no reason to call for any interfere with same. Hence, the appeal stands dismissed.
[ K. S. JHAVERI, J. ]
vijay