SHANKARBHAI MOTIBHAI PRAJAPATI Vs. ISHWARBHAI GANGARAMBHAI

JUDGEMENT

(1.) This appeal is at the instance of the claimants in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 15th January 2007 passed by the Chairman, Motor Accident Claims Tribunal [Main], Bhavnagar in MACP No. 1069 of 1997 thereby partly allowing the application for compensation and awarding a sum of Rs.1,03,000/- as compensation.

(2.) It appears that the claimants, parents of the victim aged 12 years, filed the aforesaid application for compensation of Rs.2,00,000/- under the following circumstances:

(3.) The Insurance Company denied the case of the claimants, and according to it, at the time of the accident, the truck was kept stationary as per the traffic rules, and it was the deceased who climbed up and went on the cabin of truck and came in contact with the live electric wire in the process of throwing the cricket ball. Therefore, according to the Insurance Company, the Electricity Company was wholly liable as the height of electric line was below the stipulated height.