1. This appeal has been filed against the judgment and award dated 16.2.2004 passed by the Motor Accident Claims Tribunal (Auxiliary), Sabarkantha at Himatnagar, in M.A.C.P. No.638/2004, whereby, the tribunal has awarded compensation in the sum of Rs. 1,85,000/- to the claimants with interest @ 7.5% p.a. from the date of applications till its realization.
2. The facts in brief are that on 16.02.2004, several persons were travelling in a Jeep bearing registration No.GJ-0-M-9696 for the purpose of going to Bagalkot situated in Karnataka. When they reached near Snagamkos, one S.T. Bus bearing registration No. KA-28-F-1055 came from the opposite direction and collided with the said vehicle. As a result of the said accident, several passengers sustained grievous injuries and due to which some of them are died. In the said accident, one Sakeraben Vazirali Thavra also expired. Therefore, the legal heirs and legal representative of deceased-Sakeraben Vazirali Thavra filed claim petition being M.A.C.P. No.638 of 2004 before the Tribunal for compensation. The Tribunal after hearing learned advocates for the parties and after perusing the record decided the claim petition and passed the award as stated hereinabove, against which the present appeal is filed by the appellant- Corporation.
3. The learned Counsel for the appellant has raised various contentions. He submitted that the tribunal erred in passing the impugned judgment and award. He further submitted that the Tribunal has wrongly apportioned the contributory negligence. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.
4. On the other hand, learned Counsel for the respondents have opposed the appeal and have prayed to dismiss the same, as being without merit.
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 negligence, the Tribunal after considering the FIR and Panchanama, has observed that the accident in question has taken place due to head on collision of both the vehicles. Therefore, the Tribunal has rightly held the drivers of both the vehicles equal negligence. As regards the contentions with regard to the income of the deceased and the amounts awarded by the Tribunal under different heads 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. 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 view of the order passed in the main appeal, the Civil Application does not survive, therefore, the same is disposed of accordingly.
(K.S.JHAVERI,J.) pawan