DIVISIONAL MANAGER NEW INDIA Vs. GAYADHAR POI

JUDGEMENT

(1.) THIS appeal is one under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the order dated 19.9.1996 passed by the 3rd Motor Accidents Claims Tribunal, Balasore, in M.A.C.T. Case No. 38/106 (c) of 1996/94.

(2.) THE facts in brief to the case are that the respondents -petitioner Nos. 1 and 2 filed the above case before the Tribunal claiming that on 9.1.1994 at about 11.45. A.M. their son (the deceased) died in a motor accident. The deceased was a +2 Science student and was earning Rs. 500/ - per month from tuition. On account of his death caused by the offending vehicle, the petitioners - respondents sustained mental shock and agony and lost hope of dependency on the deceased. The opposite parties -respondents contested the case by denying the allegations of the petitioners -respondents.

(3.) THE only point for determination in this appeal is as to whether the quantum of award is just and proper.