POONAM Vs. AMIT KUMAR

JUDGEMENT

(1.) Heard Sri Ram Singh, learned counsel for the appellant and Sri Saurabh Srivastava, learned counsel for the respondents.

(2.) This appeal has been filed by the appellant being aggrieved of the award dtd. 20/7/2007 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Fatehpur in M.A.C.P. No. 183 of 2004, on the ground that learned tribunal has awarded a meager sum of Rs.39,500.00 (thirty nine thousand five hundred rupees), on account of death of minor son of the appellant namely, Manish who was about 10 years old on the date of the accident i.e. 6/6/2003 and was a student of Vth class.

(3.) It is submitted that learned claims tribunal has wrongly applied principle of contributory negligence, which will not be applicable in relation to a third party claim, inasmuch as admittedly deceased Manish was not driving either of the vehicles, which were part of the accident, therefore, the compensation awarded by the tribunal be enhanced suitably.