1. By way of this appeal, the appellant- original opponent No.3 has challenged the judgment and award dated 05.03.1993, passed by the Motor Accident Claims Tribunal, Valsad, District- Navsari, in M.A.C.P. No.687 of 1987, whereby the tribunal has awarded compensation in the sum of Rs. 2,07,000/- to the claimants 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 on 21.06.1987 one Mahendrabhai was driving his Ambassador Car on N.H. No.8 within the local limits of village Gandesh Sisodra. At that thatime on Truck bearing registration No. MMK-1024 came from opposite direction and dashed the Ambassador car of Mahendrabhai. As a result of the said accident, Mahendrabhai sustained grievous injuries and due to which he died. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.687 of 1987 before the Tribunal for compensation. 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-Insurance Company.
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 in view of provision of 195-2B of the Insurance Policy, the liability of the Insurance Company is only limited to the extent of Rs.1,50,000/- Therefore, he has prayed to allow the present appeal.
4. Learned counsel for the respondent supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed this appeal.
5. 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 liability of the Insurance company. 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. Therefore, 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 appeal.
6. In the result, this appeal is dismissed. No order as to costs.
(K.S. JHAVERI,J.) pawan