1. By way of this appeal, the appellant-original opponent No.2 has challenged the judgment and award dated 21.10.2011, passed by the Motor Accident Claims Tribunal (Auxi), Junagadh, in M.A.C.P. No.211 of 2001, whereby the tribunal has awarded compensation in the sum of Rs. 1,09,200/- to the claimant with interest at the rate of 7.5% 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 21.12.2000 one Prabhudas Odhavjibhai Pithadiya, respondent No.1 herein, was going to Matarvaniya from Shergadh as pillion rider in the motor cycle of one Bhanjibhai Odhavjibhai, respondent No.2 herein. The present respondent No.1 was driving his vehicle rashly and negligently, therefore, he lost control over his vehicle and the said motor cycle turned turtle As a result of the said accident, present respondent No.1 sustained grievous injuries. Therefore, he filed claim petition being M.A.C.P. No. 211 of 2001 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-original opponent No.2.
3. Learned counsel for the appellant 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. Therefore, he has prayed to allow the present appeal.
4. Heard learned counsel for the parties and perused the material on record. 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. The Tribunal after considering the evidence as well as after considering the decisions relied upon by the learned advocate for the claimant has held that the the claimant has proved his case. Further the amounts awarded by the Tribunal under different heads are concerned, 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.
5. In the result, this appeal is dismissed. No order as to costs.
6. In view of the order passed in the main appeal, the Civil Application does not survive, therefore, the same is disposed of accordingly.
[K.
S. JHAVERI, J.] pawan Top