RAM LOTAN Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 is directed against the decision of the Motor Accident Claims Tribunal, Allahabad, dated January 28, 1980. The dispute lies within a narrow compass.

(2.) ON August 22, 1977 at about 7.30 a.m. Laukush, aged nearly ten years, son of Ram Lotan, was going from north to south in village Tarni, district Allahabad, where he resided. He was walking on foot towards his left. Bus No. U.P.Z. 4639 belonging to the respondent No. 1 was on way from Allahabad to Sarai Aqil. It dashed against Laukush causing multiple injuries and he died at the spot instantaneously. The bus was being driven, it is alleged, negligently and rashly. First In formation Report was lodged shortly after at 8.30 a.m. A Claim petition was moved by the deceased's father, Ram Lotan, and the mother on February 22, 1978, claiming compensation in the amount of Rs. 45,000/- only Respondent No. 1 denied the liability.

(3.) AGGRIEVED , the claimants have preferred this appeal for the relief that a sum of Rs. 15,000/- be further awarded as compensation. The respondent No. 2 is the New India Assurance Co. Ltd. No Cross-objection or cross-appeal has been filed for the respondents.