UNITED INDIA INSURANCE CO. LTD. Vs. BABU KHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant Insurance company and the learned counsel for the claimant. I have also perused the material on record. This appeal has been filed by the Insurance Company against the award passed by the Motor Accident Claim Tribunal dated 12.7.1999 in M.A.C.T. No. 236 of 1994 by which the appellant has been directed to pay a sum of Rs. 70,000/- with 10% interest to the claimant.

(2.) The claimant in this case are the parents of a 14 years old boy who met with an accident on 12.3.1994. It was one day before the festival of Idd, the boy Babu Khan aged about 14 years who was going to a local market to buy himself a pair of shoes. Little did he know that he would not even able to wear the shoes that he had bought for the festival. On his way back, he was crushed to death by a scooterist.

(3.) The tribunal has recorded a clear finding that the child died due to rash and negligent driving of scooter driver. The scooter was covered by the insurance company and it has also been recorded that the licence of the scooter licence was there.