PRABHABATI Vs. BEERU

JUDGEMENT

(1.) This appeal is directed against the award dated 7.8.1997 of Additional Motor Accidents Claims Tribunal, Multai in the Claim Case No. 27 of 1996. The claimants are parents of the deceased. They are not satisfied with the award, hence this appeal for enhancement of compensation.

(2.) Facts briefly are that deceased Ballu alias Kamlakar Rao was studying in 10th class. Due to crowd, he stood near the door of the bus. The bus received jolt as a result of which he fell down resulting in injuries. He died in the hospital. Case No. 215 of 1996 was lodged in the court of Additional Judicial Magistrate arising out of this accident. Allegation of claimants is that the accident took place due to negligence of the driver, since deceased was trying to get into the bus and due to jolt received by the bus he slipped and fell down resulting in the injuries. The allegation is opposed by other side and they say that accident did not take place due to their negligence. Insurance company states that due to violation of conditions of insurance policy, it is not responsible for making payment of compensation.

(3.) The Tribunal found that accident happened as alleged by the claimants and deceased aged 20 years died in this accident for which the insurance company is liable to pay compensation. Accordingly, compensation to the extent of Rs. 1,04,000 carrying interest at the rate of 12 per cent per annum from the date of application till payment is allowed and in case the amount is not paid within two months, the rate of interest would be 18 per cent per annum. This apart, a sum of Rs. 750 has been awarded towards counsel's fee.