1. By way of this appeal, the appellant-original claimant has challenged the judgment and award dated 18.08.1990, passed by the Motor Accident Claims Tribunal, Porbandar, in Claim case No. 191 of 1989, whereby the tribunal has awarded compensation in the sum of Rs. 19,200/- to the claimant with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that one 13th November, 1989, one Umakant Chhotalal, appellant herein, was driving his Auto-rickshaw bearing registration No.GTB 8356, from Ranavav Railway Station to village Ranavav. When he reached near old bus stand, one public carrier bearing registration No.GTW 5275 came and dashed the Auto-rickshaw of the appellant. As a result of the said accident, the appellant sustained grievous injuries and therefore, he filed claim petition being Claim Case No. 191 of 1989 before the Tribunal. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original claimant.
3. Learned counsel for the appellants contended that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. He further contended that the Tribunal has committed an error in holding 40% negligence on the part of the present appellant. 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 appellant with regard to the amounts awarded by the Tribunal under different heads and with regard to the negligence are concerned, I have gone through the impugned award and I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. I also find that the Tribunal after considering the Panchanama and other evidence has held 40% negligence on the part of the appellant. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeals.
5. In the result, this appeal is dismissed. No order as to costs.
(K.S.
JHAVERI,J.) pawan Top