MANWARI Vs. HARESH VARDHAN

JUDGEMENT

(1.) -The appellant has challenged the award of the learned Tribunal whereby the compensation of Rs. 1,00,000 has been awarded to the appellant. The appellant seeks the enhancement of the award amount.

(2.) On 27.9.1989, at about 5.30 p.m., a child named Manju, along with some other children, was walking on the kacha side of the road near House No. 85, Pocket E-16, Sector-8, Rohini when a Fiat car bearing registration No. DIA-7191 driven rashly and negligently by respondent No. 1 came on the kacha side of the road and hit an electricity box which was broken and thereafter the car hit Manju who sustained fatal injuries and died on the spot.

(3.) The deceased was aged six years at the time of the accident. She was survived by her parents who filed the claim petition before the learned Tribunal. The father of the deceased expired during the pendency of the petition before the learned Tribunal whereupon her brother was impleaded who has also since expired. The mother of the deceased is the sole surviving claimant and is appellant in this appeal.