ORIENTAL INSURANCE CO.LTD. Vs. ACHCHELAL AND OTHERS

JUDGEMENT

(1.) BY The Court.- The Oriental Insurance Company Ltd. has filed this appeal through Shri Suresh Panjwani, Advocate challenging an award dated 20.4.1999 of the Motor Accident Claims Tribunal, Faizabad in Claim Petition No.47 of 1994, Achchelal & Anr. Vs. Shatrughan Singh & Ors., awarding compensation of Rs.1,20,000/- to the unfortunate father and mother for having lost their 7 year old son, crushed by Ambassador Car No.DBD 9119 insured by the appellant.

(2.) SHRI Nand Lal Maurya, PW-1, the eye witness, who was sitting outside his house on a cot close to the place of accident had witnessed the accident on 11.2.1994 at 11.30 p.m.; PW-2, Ram Ujagar, a chance witness, walking near the side of the road for getting a hair cut, deposed that he had heard some noise, and reached the spot at 11.30 p.m. He found the deceased child Sunil lying in a crushed state on the western pavement of the street. The PW-3 Daya Ram also deposed that he was sitting with Nand Lal outside his house, when he saw the accident.

(3.) THE Tribunal did not believe the statement of the driver on the reasoning that if the car was at such a slow speed, the driver could have stopped it on seeing the child rushing across the street. The Tribunal held that the accident was caused due to the negligence of the car driver.