NATIONAL INSURANCE COMPANY LIMITED Vs. SATISH CHAND AGRAWAL

JUDGEMENT

(1.) This misc. appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been preferred by appellant- Insurance Company, seeking reduction of compensation amount, by taking exception to the Award dtd. 10/2/2012 passed by Motor Accident Claims Tribunal, Vidisha in Claim Case No.55 of 2011, whereby the Claims Tribunal has awarded compensation of Rs.11,10,000.00 in favour of claimants (herein respondents No.1 and 2) along with interest from the date of filing of claim petition till its realization, on account of death of claimants' son, namely, Praveen Agrawal, in a motor accident.

(2.) The date of accident, negligence and issue of liability are not in dispute, however, the findings recorded by Claims Tribunal in this regard is not in question.

(3.) Facts in short are that on the fateful day i.e. 2/2/2011, deceased Praveen Agarwal, was going from Vidisha to Bhopal on a Yamaha Motorcycle bearing registration No.MP 04MS 5506 with his friend, Akash Yadav. Akash Yadav was driving the motorcycle rashly and recklessly. Due to rash and negligent driving, the motorcycle collided with a milestone at Balampur Ghati causing Praveen Agrawal, who was a pillion rider, to fall and suffer serious head injuries. He was admitted to Hamdia Hospital, Bhopal where he died. The accident was reported to Sukhi Sewania Police Station. According to the claimants, their son- deceased Praveen Agarwal was a very promising and a final year B.E. (Electronic) student, therefore, on account of death of their son, they had filed a claim petition seeking compensation of Rs.64,70,000.00 before the Claim Tribunal and the Claims Tribunal has awarded compensation of Rs.11,10,000.00 in favour of claimants and they will be entitled to receive the same compensation amount jointly and severally from the respondents therein.