1. Heard learned advocates for the appellant and perused the papers on record.
2. The appellant herein has challenged the award dated 13.04.2001 passed by the Motor Accident Claims Tribunal (Main), Anand in Motor Accident Claims Petition No. 6171 of 2006 (Old No. 446 of 2004) so far as the Tribunal awarded only Rs.70,700/- as compensation with interest at 7.5% per annum.
3. It is the case of the appellant that on 11.08.2002 while the appellant was travelling as a pillion rider on the scooter bearing registration no. GJ-7 AB 7737 being driven by respondent No.4 in a moderate speed and on the correct side of the road, a luxury bus bearing registration no. GJ-17W-820 driven by respondent No.1, in a rash and negligent manner, dashed with the scooter as a result of which the appellant sustained injuries on various parts of the body. The appellant therefore filed claim petition to the tune of Rs. 2,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Modi, 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 adequate amount. He submitted that the Tribunal has wrongly assessed 50% contributory negligence on the part of the scooterist.
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 respondent No. 1 to the extent of 50%. The Tribunal has considered the fact that three persons were riding on the scooter and therefore there ought to have been a certain imbalance. The Tribunal also considered the FIR and panchnama and came to the conclusion that both the drivers are equally responsible for the accident in question. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 70,700/-. No other contention is raised other than the negligence aspect. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal.
6. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
Umesh/ (K.S. JHAVERI, J.)