DEV CHAND Vs. BABULAL FAUJDAR BUS SERVICE

JUDGEMENT

(1.) THE appellants filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') for enhancement of compensation awarded in Claim Case No. 22 of 1987 by the Additional Motor Accidents Claims Tribunal, East Nimar, Khandwa.

(2.) THE appellants' son Govind aged about 5 years was crossing the road along with other children on 9. 5. 1985 at about 5. 00 p. m. and was going towards the Industries Department Office, a passenger bus No. MPC 7150 driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 was coming from Harsud and was going towards Khandwa, crushed the child with rear portion of the bus. Hence, the appellants filed the application under Section 110-A of the Act and claimed compensation to the tune of Rs. 1,00,000/ -.

(3.) THE claim was contested by the respondents. The Tribunal on the evidence adduced by the parties held that the accident did not occur because of the rash and negligent driving of the bus driver; however, in terms of 'no fault liability' under Section 92-A of the Act awarded a sum of Rs. 15,000/- only. On that too no interest was awarded.