NATIONAL INSURANCE CO LTD Vs. PRAMOD KUMAR SRIVASTAVA

JUDGEMENT

(1.) Heard the learned Counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 1,50,000 as compensation to the claimants on account of the untimely death of their daughter Ranjana aged about 8 years in the accident involving the offending motor vehicle.

(2.) Learned counsel for the insurer appellant has urged that taking into consideration the age of the deceased, the amount of compensation, awarded by the Tribunal is excessive.

(3.) In this connection, suffice it to say that there is nothing to indicate that the insurer appellant had obtained the requisite permission envisaged under Section 170 of the Motor Vehicles Act and in that view of the matter, it can only raise the statutory defences available to it under the provisions of the aforesaid Act. Even otherwise, the Motor Accidents Claims Tribunal has taken into consideration the ratio of the decision of this Court in the case of United India Insurance Co. Ltd. v. Nokhey Lal Singh 2002 ACJ 459 (Allahabad), while determining the amount of compensation a figure of Rs. 1,50,000. The claimants had come up with the case that the deceased was a precocious child.