ORIENTAL INSURANCE CO. LTD. Vs. PRAKASH HANAMANT MADAR

JUDGEMENT

(1.) This appeal is filed by the insurer impugning the judgment and award passed by the learned Addl. Sr. Civil Judge and JMFC, Athani (hereinafter referred to as the Tribunal) dtd. 29/12/2016 in M.V.C. No. 2796/2012 seeking for reduction of compensation. Parties shall be referred to as per their rank before the Tribunal.

(2.) Brief facts of the case are as under: On 1/1/2012 at about 6.00 p.m. the minor son of the petitioner was playing in front of the house. At that time driver of Trax Cruiser bearing Reg. No. MH-10/AN-0915 coming from Athani driven the same in high speed, in a rash and negligent manner and dashed to the boy. As a result of the accident the minor son of the petitioner sustained injuries to left leg below knee, left foot and other multiple injuries all over the body. The injured was shifted to the hospital and treatment was given. Father of the minor boy filed the claim petition before the Tribunal claiming compensation for the injuries sustained by the minor aged 9 years in the road traffic accident. Therefore, the claimant sought for grant of just compensation.

(3.) The Tribunal on the basis of the materials placed before it formulated the following issues for consideration.