BHAGWATI PRASAD Vs. TEERMAL BORLA

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 4.4.1984 of the Motor Accidents Claims Tribunal, West Nimar, Mandleshwar, passed in Claim Case No. 23 of 1983 whereby the respondent has been awarded a compensation of Rs. 12,000/ - with interest at the rate of 12 per cent per annum for the death of his son, Dongarsingh, who died in an accident by tractor on 27.8.1982.

(2.) THE brief history of the case is that respondent filed a petition before the Tribunal with the assertions that on 27.8.1982 his son, Dongarsingh, aged about 7 to 8 years was playing in front of his house, a tractor driven by non -applicant No. 2, i.e., Shantilal came on the spot. It was being driven at a high speed and without blowing any horn it ran over Dongarsingh who sustained injuries and died on the spot. He demanded Rs. 1,00,000/ - as compensation for the same.

(3.) LEARNED Tribunal after trial has awarded a compensation of Rs. 12,000/ -. Hence this appeal by the non -applicants who are father and son and are respectively the owner and driver of the tractor.