1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 16.02.2009 passed by the Motor Accident Claims Tribunal, Sabarkantha in M.A.C.P. No. 1021 of 2006 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.1,15,184/- along with interest at the rate of 7.5% per annum from the date of application till its realization.
2. The facts in brief are that on 08.08.2006 at around 15.30 hrs. while the appellant, original claimant, was going on his motorcycle, a Motor Car bearing registration No. GJ-9-M-5061 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3-Insurance Company, dashed the motorcycle. In the said accident, the appellant sustained severe bodily injuries. He, therefore, filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellant has preferred the present appeal.
3. Heard learned counsel for the parties. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the lower side and the Tribunal has erred in holding 20% negligent for the accident. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and the negligence decided by the Tribunal is in consonance with the evidence on record. 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.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] ..mitesh..
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