PRABHAT KUMAR Vs. DHEERAJ

JUDGEMENT

(1.) Heard Shri A.K. Shukla for Vishesh Kumar Gupta, learned counsel for appellants; Shri Radhey Shyam, learned counsel for respondent-insurance company; and perused the judgment and order impugned.

(2.) This First Appeal From Order has been filed under sec. 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellants, being aggrieved by judgment and award dtd. 20/12/2008 passed by Motor Accident Claims Tribunal, Court No.3, Moradabad (hereinafter referred to as 'Tribunal') in Claim Petition No. 326 of 2006 awarding a sum of Rs.55,363.00 with interest at the rate of 6% to the injured.

(3.) The accident having taken place is not in dispute. A young boy of 16 years in the year 2006 met with an accident, the learned Tribunal granted a sum of Rs.55,363.00 only. The tribunal considered contributory negligence of child to be 10%. The appellant having suffered loss of income besides other grievous injuries in whole of the body and had sustained compound fractures, various operations were carried out on appellant by doctors at Shri Sai Hospital and All India Medical Institute of Delhi whereby his one kidney was removed due to injuries.