1.0 This appeal is directed against the judgement and award dated 07.11.2000 passed by the learned Judge, Court No.15, Motor Accident Claims Tribunal at Ahmedabad in Motor Accident Claim Petition No. 280 of 1995 wherein the Tribunal awarded a sum of Rs.7,70,000/ to the claimants along with interest at the rate of 11% per annum from the date of filing of the petition till realization.
2.0 On 22.10.1993 Ishwarbhai was going on his bicycle from Ramnagar to Dharmnagar. At that time an S.T. Bus came and knocked him down. Ishwarbhai sustained injuries and died on the spot. The legal heirs therefore filed the aforesaid claim petition wherein the aforesaid award came to be filed.
3.0 Learned Advocate for the appellant submitted that the Tribunal has wrongly decided the question of negligence; that the amount awarded is on higher on side and that the multiplier is on higher side.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal. He submitted that the appeal may be dismissed.
5.0 As regards the negligence is concerned, the Tribunal has discussed the same in para 8 and 9 of the judgement. The Tribunal has also considered the panchnama and other evidences. From the overall evidence on record the Tribunal found that the cyclist was on the correct side of the road and the accident has occurred due to sole careless and negligence of the driver of the bus. I am in complete agreement with the said finding of the Tribunal.
6.0 As regards the monthly income is concerned, the same is taken as per the salary slip. It would come about Rs.4700/ per month and therefore there cannot be any dispute about his income and the future loss of income. Looking to the age of the deceased the multiplier taken by the Tribunal is also just and proper.
7.0 In view of the above I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. No case is made out. Hence the appeal is dismissed.
8.0 It is pointed out that the amount as directed by the learned Tribunal is not deposited by the appellant. It is made clear that the claimants will be entitled to interest as directed by the learned Tribunal.
(K.S.JHAVERI, J.) niru*