NATIONAL INSURANCE COMPANY LTD Vs. SHIV BALAK RAWAT

JUDGEMENT

(1.) HEARD Sri R. C. Sharma, learned counsel for the appellant and Sri Rajendra Jaiswal learned counsel for the re spondents. This appeal has been filed by the National Insurance Company under Section 173 of the Motor Vehicles Act 1988, against the judg ment and award dated 12-7-2000, passed by Motor Accident Claims Tribunal, Barabanki in Claim Petition No. 253 of 1997 awarding a sum of Rs. 1, 52, 000/-, as compensation.

(2.) THE matrix of the case is that on 29-8-1997 at about 12'0 Clock Noon, the father Sri Shiv Balak was going along with her daughter deceased Shiv Kumari, aged about 15 years. As soon as they reached near Fatehganj, a Jeep registration No. U. P. - 41A-4332 was coming from Hydergarh side and hit the deceased Ms. Shiv Kumari, who died on the spot. In the post mortem report, the age of the child was deter mined as 12 years. THE driver ran away with the Jeep. Later on, police case was made out and the Jeep was impounded. THE driver Sri Prabhakar Singh was arrested who has ac cepted the said accident.

(3.) BOTH the parties have agreed regarding the facts of the case as mentioned in the Tribunal's order. The only dispute in this ap peal is regarding the quantum of compensa tion.