PRAVAT CHANDRA DEY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The relevant facts of the case as appear from the records are that on 26.11.1993 at about 9.30 hours, one Ujjal Dey being the son of the claimant father was standing on the left side of the National Highway 31 at Tekatull when offending vehicle coming from the Dhupgudi side at a very high speed ran over the said Ujjal Dey as a result whereof he sustained injuries and ultimately succumbed to such injuries on the spot. The accident occurred due to rash and negligent driving of the offending vehicle.

(2.) The claim application was filed under section 166 of Motor Vehicles Act, 1988. The Tribunal by its judgment and order dated 30.6.1997 dismissed the application and challenging the same the present appeal was filed.

(3.) Heard Mr. Saidur Rahaman, learned counsel for the appellant, who advanced threefold argument. The first contention of appellant is that the Tribunal erroneously dismissed the petition on the ground that the victim was a minor boy aged 8 and his parents were not dependent on him and, therefore, claimant father is not entitled to any compensation. It is stated that such a view is contrary to the law as decided in various cases including the judgment in Madhya Pradesh State Road Trans. Corpn. v. Sohan Lal, 2000 ACJ 186 (MP).