NATIONAL INSURANCE CO. LTD. Vs. UDAI SINGH

JUDGEMENT

(1.) This is an appeal assailing the judgment and order dated 31.10.2015 rendered by the 3rd Additional District Judge/Tribunal, Dehradun in MACP Petition No. 140/2014.

(2.) It has been averred that the accident occurred in the intervening night of 10/11.6.2014 at around 130 AM when a child Master Deepak lost his life in accident. He was aged about 13 years and was employed as a helper to push the cart whereon the electric generator was fitted and was being used in the marriage band party. In the outskirts of Dehradun, a car no. UK07-TA-6266 dashed Master Deepak wherein he became seriously injured and as a consequence of such injuries, he breathed his last on the next day of accident.

(3.) FIR was lodged on 11.6.2014 at 11.45 AM in the concerning police station and the charge-sheet against the driver of the car Mr. Deepak Thapa was registered under Sec. 279 and 304-A IPC. The Court is not aware about the fate of that charge-sheet or the trial. But the fact is that a MACP Petition was presented by the parents of the deceased claiming compensation of Rs. 11,50,000.00, where against the Tribunal has awarded Rs. 5,25,000.00 along with 7.5 per cent simple annual interest w.e.f. the date of presentation of the petition till the actual payment is made.