UNITED INDIA INSURANCE COMPANY Vs. PRABHACHAND AND ORS.

JUDGEMENT

(1.) This appeal arises out of the award dated 30.8.2010 passed by Additional Motor Accident Claims Tribunal (for short the "Tribunal") Bastar at Jagdalpur in Claim Case No. 112/2007 awarding a compensation of Rs. 70,000/- in favour of respondents No. 4 and 5/claimants. Facts of the case in brief are that on 2.4.2007 when deceased Vednath Baghel - a young boy aged about 7 years at the relevant time was crossing the road, he was dashed by a tractor attached with trolley which resulted in his death.

(2.) Claim case was filed by the claimants who are parents of the deceased claiming compensation of Rs. 3,00,000/- in their favour inter alia pleading that as the accident occurred on account of rash and negligent driving by the driver of the offending vehicle which was duly insured with the insurance company/appellant herein, suitable compensation may be awarded to them.

(3.) Insurance company however contested the claim and denied its liability to satisfy the claim. However, by the impugned award the Tribunal has awarded a compensation of Rs. 70,000/- in favour of the claimants and it is this award which is challenged in this appeal. Cross appeal has also been filed by the claimants under Order 41 Rule 22 CPC seeking enhancement of the compensation along with an application for condonation of delay.