RAKESH KUMAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THESE are Cross Objections to MAC APP. 301/2008 preferred by the National Insurance Company Limited against the Appellants herein and the owner and the driver of the TSR. MA APP. 301/2008 was dismissed as withdrawn by order dated 15.09.2010. The Cross Objections filed by CM APPL No.5436/2010 were registered as MAC APP.724/2011. Since the main Appeal has been dismissed as withdrawn, my task is to decide the Cross Appeal.

(2.) THE Appellants who are the parents of deceased Kumari Heena @ Sweety, a minor child (aged about 5 years) seek enhancement of compensation of Rs. 1,64,500/-.

(3.) THE Tribunal dealt with the issue of negligence in Para 9 of the impugned judgment. THE same is extracted hereunder:-