UNITED INDIA INSURANCE CO LTD Vs. ISMAIL

JUDGEMENT

(1.) This is an appeal by the Insurance Company directed against the award dt. 24-12-1985 passed by the Motor Accidents Claims Tribunal, Indore in Claim Case No. 49/80 whereby the learned Tribunal has awarded compensation of Rs. 50,000/- for the death by motor accident of the deceased Mohammad Amin with interest @ 10% per annum from the date of the petition till realisation.

(2.) The facts giving rise to this appeal, briefly stated, are as follows :- It is not disputed that on 21-1-1980, the truck bearing Registration No. MPM 3297 hit the deceased Mohammail Amin who was going on a bicycle near Premsukh Talkies, Indore with the result that the deceased fell down and was crushed under the wheels of the truck. The deceased was moved to the M. Y. Hospital, where he succumbed to the injuries. The respondents Nos. 1 and 2 who are parents of the deceased, filed the claim petition u/s. 110-A of the Motor Vehicles Act against the respondents Nos. 3 and 4, the owner and the driver of the truck in question joining the Insurance Company which had insured the owner in respect of the truck, as a party non-petitioner.

(3.) The learned Tribunal, on appreciation of evidence adduced in the case, found that the accident resulting in the death of Mohammad Amin took place on account of rash and negligent driving of the truck in question by its driver. The learned Tribunal considering the evidence that the deceased Mohammad Amin was aged 14-15 years and was an intelligent student of Class VII, has awarded a total compensation of Rs. 50,000/with interest as aforesaid against the owner, driver and the Insurance Company. Being aggrieved by this award, the Insurance Company alone has filed this appeal on the ground that the accident took place due to contributory negligence of the deceased and that there was arbitrary determination of the amount of compensation which was not based on any evidence.