MALTI DEVI Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) Heard Sri Madhav Jain, learned counsel for the appellant-claimants who are the parents of the minor child who succumb to death at the age of 14 of years and Sri Anubhav Sinha, learned counsel appearing on behalf of Sri Amaresh Sinha, learned counsel for the respondents.

(2.) This appeal, at the behest of the claimants, challenges the judgment and order dtd. 18/3/1997 passed by M.A.C.T/Xth-Additional District Judge, Agra (hereinafter referred to as "Tribunal") in M.A.C.P. No. 81 of 1994 awarding a sum of Rs.52,000.00 as compensation with interest at the rate of 12%.

(3.) Five issues are granted in favour of the claimants. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute and was decided against the respondents. The issue whether the vehicle was insured and there was any breach of policy was also answered in favour of the appellant. The respondent-Insurance Company has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded.