VIJAY PAL AND ANOTHER Vs. SATISH AND OTHERS

JUDGEMENT

(1.) Prayer made in the instant appeal is for enhancement of compensation on account of death of Sandeep caused in a road accident taking place on 19.10.2000, due to rash and negligent driving of the offending vehicle by respondent No. 2-Yashwant. Respondent No. 1- Satish is the owner of the offending vehicle No. HR-46-A-8258. The Tribunal awarded an amount of Rs. 1 lac in lumpsum by holding that deceased was a student and not a working hand. The primary responsibility to pay the amount of compensation was of the Insurance Company. The claim petition was filed under Section 166 of the Motor Vehicles Act.

(2.) I have heard learned counsel for the appellants, learned counsel for respondent No. 3-Insurance Company and perused the Award.

(3.) The deceased was 17 years old and a student of 11th standard. The father of the deceased stated before the Tribunal that the victim was working as a tailor in New Dolphin Sports and Hosiery Works, Rohtak on a salary of Rs. 25,200/- besides Rs. 8000/- as over time allowance per annum. This version was not accepted by the learned Tribunal. After discussing the evidence, the learned Tribunal rather observed that the counsel for the claimant was fair enough to concede at bar that the deceased was only a student and never worked with any firm as tailor.