UNITED INDIA INSURANCE CO LTD Vs. MOHAMMAD JEESHAN

JUDGEMENT

(1.) This appeal is directed against the order of Motor Accidents Claims Tribunal, Burhanpur, dated 13.3.2000. On 23.5.1998, Jeeshan, student of class II of Nehru Montessory School, aged about 10 years along with Mohammad Ismail, was going to his home (Sic. walking) extremely on the left side of the road at Burhanpur. At the relevant time one Bajaj moped No. MP 12-C 6310 owned by respondent No. 3 and driven by respondent No. 2 came in excessive speed and hit Mohammad Jeeshan, resulting in injuries to his left eye. He was admitted in Aditya Jyoti Eye Hospital at Burhanpur and later at Bombay hospital. In the said accident minor boy Jeeshan lost his left eye completely.

(2.) Claimant has filed the application through natural guardian for compensation against the respondents. Allegation is that accident took place due to rash and negligent driving by Abdul Aziz as a result of which Jeeshan lost his left eye in the said accident. Compensation of Rs. 2,00,000 has been claimed with interest at the rate of 18 per cent per annum.

(3.) Abdul Aziz and Abdul Naeem remained absent and, therefore, the Claims Tribunal proceeded ex parte against them. Accordingly, appellant sought permission under section 170 of the Motor Vehicles Act, 1988 to avail the other defences. This application was allowed and the appellant raised defences on merits also. It submitted that driver was not holding the valid driving licence at the time of accident and the compensation sought was excessive looking to the age of minor being 8 to 10 years.