1. Heard learned advocates for the appellant and perused the papers on record.
2. The appellant herein has challenged the award dated 03.08.2011 passed by the Motor Accident Claims Tribunal (Aux.), Dahod in Motor Accident Claims Petition No. 6788 of 2004 so far as the Tribunal awarded only Rs. 80,320/- as compensation with interest at 9% per annum.
3. It is the case of the appellant that on 15.10.2003 while the appellant was travelling in a Chhakda bearing registration no. GJ-20 T 482 being driven by the original opponent no. 1 in a rash and negligent manner, the bus turned turtle as a result of which the appellant sustained injuries on various parts of the body. The appellant therefore filed claim petition to the tune of Rs. 2,50,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr.
Shah, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding adequate amount under various heads. He submitted that the Tribunal has wrongly assessed the income of the appellant and the disability. He submitted that it is clear from the registration number that the vehicle was a transport vehicle.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the rash and negligent driving of the original opponent no. 1. The Tribunal has discussed in detail the reasons for awarding the amount of compensation. The driving licence and the insurance policy which was placed on record was taken into consideration by the Tribunal. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference. Nothing is pointed out to take a contrary view.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S.
JHAVERI, J.) Divya// Top