Mahesh Chandra Sharma, J. - (1.) THIS appeal has been filed against the judgment and award passed by MACT. Brief facts of the case are that on 19.7.2006 at about 9.15 p.m. the deceased was driving Motor Cycle No. RJ 14 53 M 7374 and when he reached near Gehlot Bungalow suddenly Maruti Van RJ 14 U 1524 going ahead took turn towards right side without giving any indication and the deceased was trying to overtake the said Maruti van collided with the said van and sustained serious injuries and died on 23.7.2006.
(2.) THE learned counsel for the appellant has argued that the impugned award awarding Rs. 9,71,400/ - compensation to the claimants is erroneous because there was no independent eye witness examined by the claimants to prove the involvement of the vehicle. Moreover, there was no evidence worth to believe on record to prove the income of the deceased and the dependency was assessed Rs. 7500/ - per month and multiplier of 14 was applied as deceased was 21 years old and was unmarried boy and student of B.A. Part II and the claimants are parents and thus the impugned award against the insurance company is liable to be quashed. The learned counsel appearing for the claimants has argued that the MACT has after considering the material on record and evaluating the evidence produced by the claimants, passed the award and the compensation awarded cannot be said to be excessive. The award thus cannot be interfered with in the appeal filed by the insurance company.
(3.) HAVING heard the learned counsel for the parties and carefully perused the impugned award including the relevant material on record, it is noticed that the learned Tribunal having considered evidence produced by the claimants and the documents exhibited on record, rightly passed the impugned award in favour of claimants and against the non -claimants. The impugned award passed by the learned Tribunal is found not to have suffered from any legal flaw, on the contrary it is found to be just and apposite, based on cogent finding, with which I fully concur.;