RAM GOPAL Vs. SAHIB SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent-insurance company. This is an appeal under section 173 of the Motor Vehicle Act, against the impugned award dated 28.8.2009, passed by the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No.4, Lucknow in Motor Accident Claim Petition No.372 of 2007.

(2.) The controversy relates to an accident occurred on 2.8.2007 at about 3.30 PM, in which son of the appellant, namely Rama Shanker @ Renu succumbed to injuries on account of accident caused by a truck bearing registration no. UP 78 AT 7325 due to rash and negligent driving, when he was on his way to home on bicycle. The deceased Rama Shanker @ Renu was the sole legal heir and survival of the parents assisting in agriculture work also. Father of the deceased, namely Ram Gopal is aged about 36 years, whereas the deceased was aged about 14 years. The tribunal has recorded the finding that the accident occurred on account of rash and negligent driving of the truck and awarded compensation to the tune of Rs.1,54,500/- assessing the notional income at the rate of Rs.15,000/- per annum.

(3.) The respondent-insurance company has not filed any appeal against the finding recorded by the tribunal, hence it seems to attain finality to the extent that the factum of accident is concerned. The present appeal has been preferred for enhancement of compensation on the ground that compensation to the tune of Rs.,154,500/- is not just and proper as required under section 166/168 of the Motor Vehicle Act. Learned counsel for the appellant has invited attention to a case Kishan Gopal and another v. Lala and others, 2013 ACJ 2594. On behalf of the respondent- insurance company, Sri Rajesh Nath submits that the deceased was aged about 14 years and being a non-earning member, the tribunal has awarded required compensation, hence the impugned award does not call any interference.