BIRUSINGH RATANSINGH Vs. VESAVA KOLI SAHAKARI VAHATUK

JUDGEMENT

(1.) POHAL was the son of Biru singh, Ratansingh and Dipa of Verseva, staying near Biju Bank Building, Ganga Bhuvan Road, Andheri, Bombay. On 14th September 1973 a motor vehicle belonging to opposite party No. 1 dashed against Pohal who was then about six and a half years old, and bounced him to a distance of about 17 feet away as a result of which he was killed. The parents of the child filed an application before the Additional Motor Accidents claims Tribunal for Greater Bombay, making the owner of the vehicle and the Union Co-operative Insurance Co. Ltd., as the opposite parties. The Tribunal rejected the claims and hence this appeal.

(2.) THOUGH the Insurance Company had put in appearance, they did not file any written statement, and the owner of the vehicle did not appear at all before the tribunal. The applicants examined Dipa, the mother of the child, who said that while she was standing by the door of her house, she noticed that a vehicle came and hit her son with the result that he died on the spot. The applicants examined one Ranchhod a municipal sweeper who deposed to have seen the accident and as a result of which the boy was killed when he was coming out of the gate near bis bouse and was standing on the katcha road when the vehicle hit him.

(3.) AS regards the quantum of damages, there is not much on record except to indicate that the applicant's son Pohal aged six and a half years was a student whom the applicants described as "an obedient son who was liked by all." The claims of Rs. 40,000/- is no doubt exaggerated and I find that ends justice would be met by reducing the same of Rs. 2,000/-.