LAWS(ALL)-2001-11-124

NEW INDIA ASSURANCE CO. LTD Vs. SHYAMA DEVI

Decided On November 29, 2001
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
Smt. Shyama Devi and Ors. Respondents

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accident Claims Tribunal awarding Rs. 1,50,000/ - as compensation to the claimant respondents.

(2.) THE claim petition was filed with the allegations that on 19,10.1999 at about 2.15 p.m. when Suresh was returning to his house was crushed by Tata 407 No. U.P. 84/9306. He was aged about 14 years and was studying in Class VI. It was alleged that the accident was caused due to rash and negligent driving of the driver of the vehicle in question.

(3.) LEARNED Counsel appearing on behalf of the appellant submitted that the vehicle in question was not involved in the accident and secondly, the amount awarded is excessive.