NATIONAL INSURANCE COMPANY LTD. Vs. RAM KISHAN DUBEY

JUDGEMENT

(1.) When the matter is called, none appears on behalf of the respondents. Even in the second call, none appears on behalf of the respondents and, therefore, the matter is decided ex parte.

(2.) The appellant-Insurance Company has filed this appeal against the award dated 31st July, 2003 passed in Claim Case No. 78/2002 whereby the learned Motor Accident Claims Tribunal, Durg (CG) has allowed the claim petition filed by the claimants and awarded a sum of Rs. 3,29,564 to the parents of the deceased who died at the age of 19 years in a road accident.

(3.) Brief facts of the case are that on 16th April, 2002 at about 6-7 p.m. in the evening the deceased Gopal Dubey who was son of respondent Nos. 1 and 2 herein, was going on his scooter to the Railway Station, Bhilai-3 to pick-up his father, however, on the way a bus, bearing registration number MH21-W-6969 coming from the opposite side, driven in rash and negligent manner by the driver, dashed the scooter of said Gopal as a result of which sustained injuries and died on the spot. The claimants, on account of death of their son, have filed a claim petition claiming an amount of Rs. 73,55,000 on various heads as compensation. The claimants in support of the monthly income of the deceased, have filed a certificate of the deceased Gopal Dubey as Ext. P-5 which shows that the deceased had passed the DTP (2 months examination) held by IT Bhilai Computer Academy in the month of December, 2001 in second division. The claimants have also filed other documents in support of their claim.