1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 24.10.2008 passed by the Motor Accident Claims Tribunal, Surendranagar in M.A.C.P. No. 894/1998 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.73,500/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
2. The facts in brief are that on 18.12.1997, while the appellant, original claimant, was going on his scooter, a rickshaw bearing registration No. GJ-13-T-273 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3-Insurance Company, dashed the scooter. 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 appellants. None appears on behalf of the respondents. It has been submitted on behalf of the appellants that the amount awarded by the Tribunal under different heads is on the lower side. It is further contended by the learned advocate for the appellant that the Tribunal has erred in assessing 25% contributory negligence of the appellant. However, having gone through the impugned award, I find that the Tribunal has rightly held the appellant 25% negligent for the accident and 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. 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..