UNION OF INDIA Vs. RAMJI LAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 29. 1. 1996 passed by the Motor Accidents Claims Tribunal, Shivpuri, granting compensation to the respondents to the extent of Rs. 60,000/- with interest at the rate of 12 per cent per annum from the date of claim application, i. e. , from 26. 3. 1991 till realisation.

(2.) FACTS of the case are that the respondents had put in a claim for compensation for the death of their son in an accident which had occurred on 8. 3. 1991. It was alleged that Ashish Kumar Sharma, appellant No. 3, was driving a Government truck No. CHW 7342 on a high speed and dashed against the moped M. 80 MIH 8206, on which deceased Veeru was also sitting. In this accident, Veeru was riding on the moped along with his friends who were going towards Kali Maa Ka Temple. The aforesaid truck dashed against the moped. Veeru died on the spot. An F. I. R. was lodged and a criminal case was got registered. Veeru was a boy of 11 years and was studying in Class III. He was also helping his parents/respondents in their business. The respondents claimed Rs. 1,54,000/- as compensation.

(3.) ON the other hand, the appellants denied the involvement of the truck in the accident, rather they contended that the truck had passed away and after hearing alarms from behind, the truck stopped and then it was found that the moped had dashed against a culvert and Veeru had died.