1. Heard learned advocates for the parties and perused the papers on record.
2. The appellants herein have challenged the award dated 21.02.1995 passed by the Motor Accident Claims Tribunal Jamnagar in Motor Accident Claims Petition No. 107 of 1988 so far as the Tribunal awarded only Rs. 1,09,200/- as compensation with interest.
3. It is the case of the appellants that on 11.12.1987 while the claimant was going on his cycle, the truck being driven by the original opponent no. 1 in a rash and negligent manner, hit the claimant as a result of which he sustained injuries on various parts of the body. The claimant therefore filed claim petition to the tune of Rs. 2,75,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr.
Shastri, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding higher amount under various heads. He submitted that the Tribunal has wrongly assessed the income of the appellant and the disability. He also submitted that the Tribunal has erred in holding that the military truck no. 34514 was involved in the accident. He submitted that the Tribunal has erred in not considering the evidence at Ex. 64 & 65.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the claimant sustained injuries as a result of the rash and negligent driving of the original opponent no. 1. The Tribunal has observed that the evidence of opponent no. 3 cannot be said to be trustworthy and reliable because their evidence is contradicted and controverted by the evidence gathered by the Investigating PSI who has charge sheeted the opponent no. 3 in the court of law after making thorough investigation of the complaint lodged by the claimant. The Tribunal has considered each evidence in its correct perspective and finally come to the conclusion as aforesaid.
5.1 The Tribunal has assessed the disability of the whole body at 40%. The Tribunal also assessed the monthly income of the claimant at Rs. 1100/-. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 1,09,200/-. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S.
JHAVERI, J.) Divya// Top