[1] By way of this appeal, the appellant has challenged the order below Ex.5 dated 15.04.2000 passed by the learned Motor Accident Claims Tribunal (Main), Surendranagar in Motor Accident Claim Petition No.812/1998 whereby the Tribunal allowed the application Ex.5 and awarded compensation in sum of Rs.2,37,352/- with running interest at the rate of 12% p.a. from the date of the petition.
[2] The brief facts of the present case are that on 29.08.1998 the accident took place wherein one Shri Navinchandra Chimanlal expired and, hence, the claimants filed M.A.C.P. No.812/1998 claiming compensation in sum of Rs.17,24,000/-.
[3] Learned advocate for the appellant submitted the accident took place in the year 1998. He submitted that the Tribunal has considered the material factor, that the deceased was aged about 59 years, at the time of accident and that he was a retired person. He submitted that the Tribunal ought not to have awarded Rs.2,37,352/- as the compensation, calculating Rs.3,560/- as the monthly income of pension, of the deceased. He submitted that the Tribunal had erred in calculating the monthly income of the deceased, by relying upon the income certificate produced at Mark 7/7 which is yet to be provided, by the claimants. He, therefore, urged that the appeal is required to be allowed and the impugned order of the learned Tribunal is required to be quashed and set aside.
[4] Having considered the submission advanced by the learned advocate for the appellant and the evidence on record , it appears that the learned Tribunal, while considering the evidence on recorded, has awarded the aforesaid compensation which is adequate and thereby has not committed any error.
[5] In above view of the matter, I am of the considered opinion that the Tribunal was completely justified in awarding the compensation in favour of the claimants. I find that the findings recorded by the Tribunal are absolutely just and proper and in recording the said findings, no error is committed by the Tribunal.
[8] I am, therefore, in complete agreement with the findings, ultimate conclusion recorded by the Tribunal and hence, I find no reasons to interfere with the same and the appeal is devoid of merits. Hence the appeal is dismissed.
[ K. S. JHAVERI, J. ] vijay Top