GIRDHARILAL JAGANNATH CHOUHAN Vs. ABDUL LATIF ABDUL REHMAN

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants assailing the award passed by IInd Motor Accident Claims Tribunal," Indore in Claim Case No. 172 of 1981 whereby a compensation of Rs. 9,000/- with interest at the rate of 6% per annum from the date of application till realization of compensation amount has been awarded to the appellants.

(2.) THE accident in question took place on 7-6-1981 in the morning at about 8 or 8. 30 a. m. when deceased Mahendra a boy aged 10 years was going towards his house from Patnipura Chouraha and was proceeding towards left side. When he reached near Nanda Nagar Road No. 12, at a place ahead of Church, the vehicle-truck bearing No. CPO-7939 driven by respondent No. 2 Aslam s/o Shaikh Hamit in the employment of respondent No. 1 Abdul Latif came from opposite side and the said accident took place. As per allegation of the appellants, the said truck was being driven by the driver Aslam rashly and negligently and because of such driving, it gave dash to Mahendra as a result of that he sustained injuries and succumbed to death when he was taken to M. Y. Hospital, Indore for medical treatment, at 12. 30 p. m.

(3.) THE Tribunal recorded the evidence, appreciated the evidence on record in view of the arguments advanced by the rival parties and thereafter passed award which is subject-matter of challenge in this appeal.