JAGANNATH Vs. SHANKARLAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment award dated March 18, 1983, of the Second Member, Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 14 of 1982, whereby the claimant -appellants have been awarded Rs. 6,000 with interest at 6 per cent. ' per annum as compensation for the death of their son, Rajesh, aged about six years, in an accident by Matador CPF -709 driven and owned by respondents Nos. 2 and 1, respectively, and insured with respondent No. 3. This appeal has been filed for enhancement of the amount of compensation.

(2.) THE admitted facts of the case are that the respondent (non -applicant No. 1) is the owner of motor vehicle, Matador No. CPF -709, and was insured with respondent No. 3 (non -applicant No. 3). On the date of incident, i.e., February 20, 1982, when Rajesh, the son of the claimants, was playing by the side of road on the Kachhi Patri in village Bhavarasala, a matador came at an excessive speed and without blowing its horn, knocked down Rajesh from the opposite direction as a result of which he sustained injuries and died in consequence thereof instantaneously at the spot.

(3.) IN the memo of appeal and during the course of arguments, it has been submitted by learned counsel for the appellants that now the minimum no -fault liability has been fixed at Rs. 25,000 and, therefore, the learned Tribunal ought to have awarded at least that amount.