MEERA AND ORS . Vs. HAR PRASAD

JUDGEMENT

(1.) By this common order MA No.267/2017, which has been filed by the claimants, and M.A. No.296/2017, which has been filed by the Insurance Company, shall be decided.

(2.) Both the Miscellaneous Appeals have been filed against the award dated 22/11/2016 passed by Fifth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.191/2014. MA No.267/2017 has been filed by the claimants for enhancement of compensation amount, whereas MA No.296/2017 has been filed by the Insurance Company challenging the award passed by the Claims Tribunal. The claimants have valued the appeal at Rs.2,00,000/-.

(3.) The necessary facts for disposal of the present appeals in short are that on 19/5/2008 the deceased Jaipratap alias Akash was traveling in a Maruti car bearing registration No. MP 07 CA 2351 along-with other persons. The said car was being driven by Bijendra Singh. When the car reached near Dholagarh Gate, AB Road, at that time the, driver of the offending Truck namely Harprasad by driving the truck No. HR 38 A 2837, which was owned by respondent no.2, in a rash and negligent manner dashed the car, as result of which, the deceased Jaipratap alias Akash suffered serious injuries and expired on the spot. It is undisputed fact that the deceased Jaipratap alias Akash was aged about 9 years and was the student of K.G. Children School. Accordingly, the appellants/claimants filed a claim petition under Section 166 of the Motor Vehicles Act for grant of compensation amount of Rs.10,00,000/-.