1. By way of this appeal, the appellant- insurance company has challenged the judgment and award of the M.A.C.T., Amreli, dated 07.04.2001, whereby the tribunal partly allowed the said claim petition and awarded Rs.1,20,000/- together with costs and interest at the rate of 9 per cent per annum from the date of application, till its realization.
2. The brief facts of the case are that, on 01.08.1997, while the deceased-Sajanbhai Bhimabhai was travelling in a tractor owned and driven in a rash and negligent manner by respondent No.7, herein, same went turtle near village Umej. As a result thereof, the deceased received severe bodily injuries and expired. The respondent Nos. 1 to 6, herein, being the heirs and legal representatives of the deceased preferred the aforesaid claim petition, wherein the tribunal passed the impugned judgment and award. Hence, the present appeal.
tribunal erred in passing the impugned judgment and award. 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 contentions raised by the learned Counsel for the appellants with regard to the liability, amount awarded by the tribunal towards compensation etc. are concerned, the tribunal has elaborately discussed the evidence in detail, more particularly, the evidence in the form of FIR(Exhibit-29), Panchnama(Exhibit-30), P.M. Note(Exhibit-32), which support the case put forward by the original claimants. I have also gone through the impugned order and I find that the compensation awarded by the tribunal is 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 reason to entertain the present appeal.
6. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) Umesh/