HARISH CHANDRA Vs. LUCKY BHARAT GARAGE

JUDGEMENT

(1.) THIS is an appeal by the parents of the deceased minor Mukesh Kumar Moda, under Section 110 -D of the Motor Vehicles Act, against the award made by the Motor Accidents Claims Tribunal, Raigarh, in Claim Case No. 5 of 1984 dated 9.4.1986, whereby the learned Tribunal has awarded compensation amounting to Rs. 20,000/ - in respect of the death of the deceased by a motor accident, with interest thereon at the rate of 6 per cent per annum from the date of claim petition till realisation.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows:

(3.) IN this case, Rs. 15,000/ - was ordered to be paid as compensation to the claimants by an interim award dated 12.8.1985 on the principle of no fault liability under Section 92 -A of the Motor Vehicles Act, 1939. In the final award, which is under appeal, the learned Tribunal has determined the total compensation payable in respect of the death of the victim Mukesh Kumar as Rs. 20,000 out of which Rs. 15,000/ - had already been paid under the interim award.