RAJU KUMAR Vs. MAHENDRA

JUDGEMENT

(1.) THIS appeal has been preferred being aggrieved by the award dated 22-12-2004 passed by IV Additional Motor Accident Claims Tribunal, Bhopal in claim Case No. 678/2004, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been partly allowed directing the respondents to pay the compensation of Rs. 77,000/- with interest at the rate of 6% from the date of filing of the claim petition till realization for the death of ku. Jyoti, aged 6 years caused in the motor accident.

(2.) THE facts of the case in short are that on 9-12-2003 Ku. Jyoti came out of her school at the same time the respondent No. 1 by driving rashly and negligently Auto No. MP-04-T-6173 dashed against her. She received the serious injuries and died consequently. The respondent No. 2 was the registered owner and it was insured with respondent No. 3. The report was lodged at Police station Shahjahanabad, Bhopal. It is also averred that Ku. Jyoti was studying in Class II and her future prospects were bright. The claimants have been deprived from love and affection hence they filed the claim petition claiming the compensation of rs. 35,00,000/- to be awarded for the death of Ku. Jyoti caused in the accident.

(3.) THE respondent Nos. 1 and 2 remained ex parte and did not participate in the proceeding.