ANSHUL SHARMA Vs. DEVI AHILYA VISHWAVIDYALAYA

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been filed by the appellant assailing the impugned award dtd. 4/9/2012 passed by IX Motor Accident Claims Tribunal, Indore (M.P.) in Claim Case No.55/2012, whereby an amount of Rs.42,700.00 with interest @6% has been awarded with stipulation that the amount will be paid by respondents no.1 and 2 owner and driver and Insurance Company has been exonerated on the ground that the offending vehicle was not having valid permit on the date of accident.

(2.) As per prosecution case, on 7/11/2009 master Anshul aged about 13 years was riding on bicycle and going towards his maternal uncle's house and when he reached nearby Jairampur Pulia, the offending vehicle school bus bearing registration no.MP-09-S-6504 driven rashly and negligently dashed the cycle resulting in fall of the victim/appellant on the ground with bicycle and suffered grievous injuries. The incident was report to the concerned police station and claim petition was filed for compensating the loss which has occurred due to the accident and consequential disablement.

(3.) Learned counsel for the appellant submits that in case of breach of permit for third party pay and recover is directed as settled principle for which he has relied upon para 12 of the judgment dtd. 10/11/2025 of the Apex Court in the case of Akula Narayana Vs. The Oriental lnsurance Company Limited and another Civil Appeal No.013509/2025 and submits that the learned Claims Tribunal has failed to consider the aforesaid and exonerated the Insurance Company which is not permissible in case of third party. He further submits that appellant was a boy aged about 13 years and suffered 12% disablement which is proved by the disability certificate Ex.P- 14 given by Dr.Kush Bandi (AW-3). Looking to the aforesaid atleast Rs.3,000.00 notional income should have been taken as per disablement. The loss of income should be applied by applying the multiplier of 15 and only a meagre amount of Rs.42,700.00 has been awarded therefore, it be enhanced. In the head of future prospects, pain and suffering, special died and loss of amenities just and proper amount should also been awarded. On these submissions, prays for enhancing the amount of compensation by allowing this appeal.