1. By way of this appeal, the appellant- original respondent No.1 has challenged the judgment and award of the M.A.C.T.(Main), Banaskantha, Palanpur, dated 21.07.2010, rendered in M.A.C.P. 1099 of 1994, whereby the tribunal partly allowed the said claim petition and awarded Rs.1,24,667/- along with interest at the rate of 7.5 per cent per annum, from the date of application till its realization.
2. The brief facts of the case are that the deceased-Viraji Mehtaji Tahkor was working with the appellant, herein, and was doing the work of loading and unloading of cans in the tractor of the appellant. On 14.09.1992, while the deceased was on his duty on the tractor of the appellant, on account of the rash and negligent driving of the appellant, said tractor fall into a ditch and the deceased lost his life, as a result thereof. Therefore, the respondent Nos. 1/1 to 1/3, herein, preferred the aforesaid claim petition, wherein the tribunal passed the impugned judgment and award. Hence, the present appeal.
3. The learned Counsel for the appellant has raised various contentions. He submitted that the 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. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellants with regard to the amount awarded by the tribunal towards compensation is concerned, I have 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.
5. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
In view of the fact that the first appeal is dismissed, civil application shall not survive and it stands DISPOSED OF, accordingly.
(K.S. JHAVERI,J.) Umesh/