1. This appeal has been preferred against the judgment and award dated 31.12.1997 passed by the Motor Accident Claims Tribunal, Bharuch in M.A.C.P. No.465/1990 whereby, the claim petition was partly allowed and the respondents, original opponents, were jointly and severally held liable to pay compensation of Rs.1,10,000/- along with interest at the rate of 12% per annum from the date of application till its realization and proportionate costs.
2. The facts in brief are that on 12.12.1989 at about 1800 hrs. while Ratilal Kuberdas was going to Jitali from Ankleshwar on his motor-cycle bearing registration No. GJE 1609, he was dashed by a Car bearing registration No. GRJ 5215 driven by respondent no.1 and insured with respondent no.2. In the said accident, Ratilal sustained severe bodily injuries and ultimately, died during the course of treatment. His legal heirs filed the claim petition before the Tribunal, which came to be partly allowed, by way of the impugned award. By this appeal, the appellants, original claimants, have prayed for enhancement of the amount of compensation.
3. Heard learned counsel for the parties. The driver / owner of the offending vehicle expired and therefore, he was deleted as party-respondent vide order dated 14.09.2000. In such circumstance, the contract of insurance of the offending vehicle between respondent no.2-Insurance Company and the deceased-original owner shall cease to exist. However, so far as the impugned award is concerned, I am of the view that the Tribunal has appreciated the evidence on record in its proper perspective. The compensation awarded by the Tribunal is in consonance with the evidence on record and the law on the subject that was prevailing at the relevant point of time.
4. In view of the above, I find no reasons to entertain this appeal. Hence, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*