ORIENTAL INSURANCE CO LTD Vs. MANGARE

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and Sri S.M. Royekwar, learned Counsel for the Respondent No. 3.

(2.) Present appeal under Section 173 of the Motor Vehicle Act has been preferred against the award dated 05.11.2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, Lucknow in Claim Case No. 274 of 2007.

(3.) The deceased Saligram alias Shallu after purchasing some food on 29.09.2007 was returning from Kukar Bhukwa (Arya Nagar) to resident on cycle at 11.30 a.m. When he reached near Sisai Maphi Nigoh corner of the road and border of police station Kharagpur District Bahraich, a tanker bearing Registration No. U.P.40/C-9825 coming from reverse direction hit and crashed with Sri Saligram alias Shallu and in consequence thereof he succumbed to injuries at the spot. At the time of death the deceased Saligram alias Shallu was aged about 14 years and was a student of Class VI. The father of the deceased and mother filed a claim petition for compensation to the extent of Rs. 5,00,000/-, The tribunal framed required issues and also with regard to driving licence from the evidence laid by the parties. The tribunal arrived to the conclusion that the accident was caused because of rash and negligent driving of the tanker. The driver was having valid driving licence to ply heavy Vehicle, hence the claimant was entitled for compensation. The tribunal awarded compensation to the extent of Rs. 1,55,000/-.