NEW INDIA ASSURANCE COMPANY LIMITED Vs. P RAJU

JUDGEMENT

(1.) This M.A.C.M.A. arises out of award dated 30.08.2006 in O.P. No. 206 of 2005 on the file of the Motor Accidents Claims Tribunal - cum - III Additional Chief Judge, City Civil Court. Hyderabad (for short 'the Tribunal'), whereby the Tribunal awarded a sum of Rs. 1,50,000/- as compensation for the death of a seven year old boy.

(2.) For convenience, the parties are referred to as they are arrayed in the O.P.

(3.) A boy aged seven years, by name Rakesh, the son of the petitioners, died on 05.09.2004 while he was travelling along with his parents in a TATA SUMO bearing registration No. AP 10U 7185 from Vijayawada to Hyderabad. The death occurred on account of the vehicle hitting a tree. The petitioners sued the respondents, who are owner and insurance company respectively, for recovery of Rs. 2,00,000/- for the death of the boy. The Tribunal framed the following issues: