1. This appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Gondal Camp at Upleta (for short, "the Tribunal") in M.A.C.P. No.260/2006 dated 28.07.2011, whereby, the claim petition was partly allowed and the appellant and respondent no. 2 - original opponent nos.1 & 2, were jointly and severally held liable to pay an amount of Rs.2,49,500/- with proportionate costs and interest @ 9% per annum from the date of application till its realization.
2. The facts in brief are that on 22.06.2006, while Ramnikbhai, son of respondents nos. 1/1 and 1/2, was travelling in a rickshaw bearing registration no. GJ-9-V-2860, driven by the owner, respondent no. 2 herein and insured with the present appellant Insurance Company along with his goods, it turned turtle at a particular place, on account of the rash and negligent driving of respondent no. 2. As a result of the said accident, Ramnikbhai sustained severe bodily injuries and ultimately, succumbed to the injuries. The legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award. Hence, this appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. It has been contended on behalf of the appellant that the deceased was travelling in a 'goods vehicle' at the relevant time and therefore, the appellant-Insurance Company ought not to have been made liable to pay compensation. From the record it appears that before the Tribunal the appellant has not cross examined the driver of the vehicle in question and there is also no documentary evidence on record against the deceased. Therefore, in my opinion, the said amount of compensation awarded by the Tribunal is just and reasonable and I do not find any reasons to interfere with the same.
6. In view of the above, I find no merits in the present appeal. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and hence, find no reasons to interfere in this appeal.
7. For the foregoing reasons, the appeal as well as the application stand dismissed. No costs.
[K.S.
JHAVERI, J.] /phalguni/ Top