ORIENTAL INSURANCE CO LTD Vs. KANUBHAI NATVARLAL JANI

JUDGEMENT

(1.) THIS appeal arises out of an award passed by Motor Accident Claims Tribunal, Kheda at Nadiad, in Motor Accident Claim Petition No.986 of 1993. The claim was preferred by present respondent Nos.1 and 2 claiming Rs.6 lakhs as compensation on account of death of minor son, Montu, aged about five years, that occurred on account of an accident with a tempo bearing registration No.GJ-7-T-8662. The accident occurred at about 10.30 am on 10.06.1993, on Nadiad-Anand road near Kanjari-Boriavi Bus Stand. The deceased boy was knocked down while he was standing with the claimant on the side of the road. The victim was medically treated at Nadiad and Ahmedabad, but, ultimately, succumbed to the same. The Tribunal held that the accident occurred because of the negligence of the driver of the vehicle and awarded compensation as under :

(2.) LEARNED advocate Mr. Mehta for the appellant has assailed the judgment. The Insurance Company challenges the award only to an extent of Rs.1 lakh. Considering the age of the victim, the Tribunal was justified in holding that the negligence was that of the vehicle driver. Similarly, in view of the fact that the deceased was the only son of the claimants; and that he died after a prolonged treatment, the award does not seem to be inflated one. Income of the deceased was assessed at Rs.2,400/-, and dependency of Rs.800/- cannot be considered to be out of tune with the present scenario and, therefore, there appears no merit in the appeal. The appeal must fail and stands dismissed.