HEMAN Vs. BIRJURAM

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short, "the Tribunal") vide award dated 17-1-2004 passed in Claim Case No. 133/2004.

(2.) AS against the compensation of Rs.11,52,000/- claimed by the appellants/claimants, unfortunate parents of deceased Damru, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 25-4-2003, the Tribunal awarded a total sum of Rs. 55,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) ON perusal of the record, it is clear that appellants' son Damru was shown to be 5 years of age in his postmortem report (Ex.P/7) at the time of accident. Heman (AW/1), father of the deceased Damru, has categorically deposed in his statement that at the time of accident, his son Damru was about five years old and was a student of Ist standard. ON a close scrutiny of the aforesaid evidence, it is proved that the age of deceased Damru was certainly five years at the time of accident.