JUDGMENT S.P. Srivastava, J.
1. Heard the learned Counsel for the appellant.
2. The appellant has filed this appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 1,13,070/- to the claimant on account of his having suffered multiple injuries resulting in permanent disability to the extent of 40% in an accident involving the offending motor vehicle - a bus - owned by the appellant.
2. The Tribunal after carefully considering the evidence and materials brought on record believing the injured claimant examined as P.W. 1, has come to the conclusion that it was a hit and run case where the driver of the bus after hitting the scooter on which the injured was travelling, had run away. This impact, it has been found, had resulted in various multiple injuries as compound fractures etc. making the injured, aged about 42 years permanently disabled to the extent of 40%.
3. The learned Counsel for the appellant has strenuously urged that the driver and the conductor of the offending motor vehicle i.e. bus had been examined whose statements had been erroneously ignored taking them to be not worth reliance.
4. So far as this aspect of the matter is concerned, the Tribunal had an opportunity to watch the demeanour of the witnesses and taken into consideration the totality of the circumstances including the demeanour of the witnesses, had chosen to place reliance on the P.W. 1.
5. In the absence of cogent and reliable evidence, the Tribunal proceeded to assess the income of the deceased as Rs. 15,000/- per annum, taking the same to be the notional income. The extent of dependency was found to be Rs. 10,000/- per annum and multiplier of 15 was applied.
6. The learned Counsel for the appellant has tried to assail the findings returned against the appellant by the Tribunal but could not demonstrate that the aforesaid findings can be taken to be suffering from any such legal infirmity which may justify any interference therein.
7. It may be noticed that while computing the total amount of compensation, the Tribunal had awarded an amount of Rs. 90,000/- towards the 40% permanent disability and the remaining amount towards the mental agony and expenses incurred in getting the medical treatment.
8. Taking into consideration the facts and circumstances as brought on record, no justifiable ground has been made out for any interference in the impugned award.
9. This appeal being devoid of merits, deserves to be and is here by dismissed in limine.
10. As prayed, the amount of Rs. 25,000/- deposited in this Court by the insurer-appellant under Section 173 of the Motor Vehicles Act be remitted to the Motor Accident Claims Tribunal concerned so that it may be disbursed to the claimant.