1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 08.01.2003 passed by the Motor Accident Claims Tribunal Amreli in Motor Accident Claims Petition No. 429 of 1998 so far as the Tribunal awarded Rs. 2,13,000/- as compensation with interest at 9% per annum.
3. It is the case of the appellant that on 15.04.1998 while the deceased Nitin @ Bakul was riding a luna bearing registration no. GJ-14 1653, a matadaor bearing registration no. GN-9-8610 being driven by the original opponent no. 1 in a rash and negligent manner, came from the opposite direction and dashed with the luna as a result of which the deceased fell down from the luna and sustained injuries on various parts of the body and finally succumbed to the same. The appellants therefore filed claim petition to the tune of Rs. 10,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Shelat, 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 excess amount under various heads. He submitted that the Tribunal has failed to appreciate that the driver of the matador was not holding a valid and effective driving licence on the date of accident.
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-driver of the matador.
5.1 The contention raised by the learned advocate for the appellant regarding the driver not possessing a valid and effective driving licence cannot be accepted by this court inasmuch as the said point was not taken up during cross examination. No effort is made before the Tribunal to prove the point that the driver of the matador was driving without a valid driving licence. Nothing is pointed out before this Court to take a view contrary to the one taken by the Tribunal. The Tribunal has finally quantified the amount of compensation at Rs. 4,64,000/-. 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.
6. In the premises aforesaid, appeal is dismissed. Civil Application shall also stand disposed of.
(K.S. JHAVERI, J.) Divya//