PRESIDENT MALIKDHINAR ENGLISH MEDIUM SCHOOL Vs. A BABUDEEN

JUDGEMENT

(1.) THIS civil miscellaneous appeal is filed against the judgment and decree dated 29. 5. 1998 made in M. C. O. P. No. 84 of 1997 on the file of motor Accidents Claims Tribunal (Additional district Judge) at Nagercoil.

(2.) HEARD the learned counsel for the appellants.

(3.) THE respondents are the parents of the deceased, a small girl by the name of haseena Banu, aged about 31/2 years at the time of the accident. The deceased girl was studying in the appellant No. 1's English medium school. On 28. 8. 1996, the van, belonging to the school, appellant No. 1, brought the children back to their homes and deceased girl alighted from the van to reach her home and the driver of the vehicle in question started the bus suddenly without caring for the safety of the child and in that process the vehicle ran over the child and the girl died on the spot itself. Parents claimed a compensation of Rs. 2,00,000 before the Tribunal and the driver and the owner of the vehicle and insurance com-pany were impleaded as the respondents in the claim petition filed before the Tribunal.