NEW INDIA ASSURANCE CO LTD Vs. SHARIFUDDIN BABAMINYA

JUDGEMENT

(1.) Heard advocate for the appellant and the advocate for second respondent.

(2.) This appeal arises out of the award made in a claim petition under Section 110-A of the Motor Vehicles Act, 1939. The appellant is the insurer of the vehicle involved in the accident. Respondent No.1-A and 1-B are the legal representatives of deceased claimant. The second respondent herein is the owner of the motor cycle involved in the accident. At the relevant time, third respondent was plying the motor cycle.

(3.) The first respondent herein filed a claim petition claiming compensation on account of death of his son in the accident involving the vehicle which was insured with the appellant. After a contest, the claim petition was allowed. A Compensation of Rs.35,000/- has been fixed with interest @ 9% p.a. from the date of filing of the claim petition till realization. The challenge in this appeal is confined to the quantum of compensation.