TUKARAM AND OTHER Vs. PRADEEP SINGH AND OTHERS

JUDGEMENT

(1.) The appellants, parents of the deceased, filed an application for compensation under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.6 lacs. After considering evidence of both the parties, the learned II Additional Motor Accident Claims Tribunal (FTC), Mungeli, Distt. Bilaspur, awarded total compensation of Rs.2.25 lacs in favour of the claimants with interest @ 6% per annum from the date of application till realization.

(2.) Being aggrieved by the aforesaid award dated 29.3.2011 passed in Claim Case No.5/2010, the appellants have filed the instant appeal for enhancement. However, no counter appeal has been filed by the respondents.

(3.) The Tribunal considering the evidence adduced by the parties held that on 15.12.2009 truck bearing No. MP 20-HB-1025, driven by respondent No.1 rashly and negligently, owned by respondent No.2 and insured with respondent No.3, dashed the deceased Mukesh, aged about 10 years, at Mungeli-Pandariya road, as a result of which he died; no breach of policy conditions was proved by the insurance company and thus awarded the aforesaid amount as compensation to the claimants.