1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 01.11.2002 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad City in Motor Accident Claims Petition No. 1290 of 1998 so far as the Tribunal awarded only Rs. 1,33,700/- as compensation with interest at 9% per annum.
3. It is the case of the appellant that on 04.08.1998 while the original applicant was passing through the road opposite L.G hospital on a motorcycle driven by her husband, a jeep driven by the original opponent no. 1 hit the motorcycle as a result of which the claimant sustained injuries on various parts of the body. The claimant therefore filed claim petition seeking compensation to the tune of Rs. 2,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr.
M.A Patel, 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 amounts under various heads. He submitted that the Tribunal has wrongly assessed the negligence on the part of the jeep driver.
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 appellant sustained injuries as a result of the rash and negligent driving of the original opponent no. 1. The Tribunal has observed that the appellants failed to produce any evidence for proving the contributory negligence on the part of the motorcyclist other than the say of the driver of the jeep himself. The Tribunal has assessed the disability of the whole body at 12%. The appellants had not challenged the injuries. The Tribunal also assessed the monthly income of the appellant at Rs. 6000/- as per the salary slip. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 1,33,700/-. 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