MANAGER THE ORIENTAL INSURANCE COMPANY LTD Vs. MANTOLA

JUDGEMENT

(1.) IN this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act') the insurer, namely, Oriental Insurance Company Limited, has called in question the legal propriety of the award dated 11-4-2002 passed by the Motor Accidents Claims Tribunal, Tikamgarh (in short 'the Tribunal') in Claim Case No. 26/99.

(2.) THE facts in a nut shell are that the respondent Nos. 1 and 2 initiated an action under Section 166 of the Act on the foundation that on 13-2-1999 their son, Jagdish, aged about 15 years was travelling in a bus bearing Registration No. MP. 15-D/5695 from Maharajganj to Chhatarpur. The young boy, Jagdish, was sitting on the roof of the bus and about 8. 00 p. m. while he was on roof top of the bus it dashed against a Mango tree as a result of which he fell down and sustained serious injuries. He was carried to Chhatarpur Hospital and thereafter to the Gwalior where he breathed his last on 16-2-1999. As the driver of the bus was driving in a rash and negligent manner, a Crime No. 24/99 was instituted against him for the offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code (for short 'the IPC' ). It was contended in the petition that the deceased was studying in VIIIth class and was also engaged in making baskets from bamboos. As setforth he was earning Rs. 2,000/- per month. It was also pleaded that the claimants had spent quite a sum for bringing their son from Chhatarpur to Gwalior and in administering treatment to him. The claimants on various heads putforth a claim of Rs. 8,50,000/ -.

(3.) THE respondent Nos. 3 and 4 (non-applicant Nos. 1 and 2 in the claim petition) disputed rash and negligent driving by the driver and pleaded false involvement of the vehicle in question. It was also contended that Jagdish was quite young and hence, was not engaged in any work.