MASTER JAGRIT JOSHI Vs. SUMER SINGH MALIK

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.40,890/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellant, a seven year old boy, for having suffered injuries in a motor vehicle accident which occurred on 31.05.2003.

(2.) A Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) was preferred by the Appellant on the allegation that on 31.05.2003 at about 5:30 pm, he was crossing the road opposite his House No. C- 2/283, Janakpuri. A motorcycle No.DL-4-SM-C-8240 being driven in a rash and negligent manner by the Respondent No.3 came from the side of Central School and hit him. The Appellant suffered head injuries apart from injuries on other parts of the body. He was removed to Mata Chanan Devi Hospital where he was found to be bleeding from his right ear.

(3.) WHILE dealing with the issue of negligence, the Claims Tribunal opined that the Appellant who was a minor aged seven years was permitted to cross the road without being accompanied by an adult member of his family. Thus, the Claims Tribunal held that there was contributory negligence on the part of the Appellant.