SHIV KUMAR ARYA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) With the consent of the parties this appeal has been heard for its final hearing when it was listed under the heading for hearing under Order XLI Rule 11 of the Code of Civil Procedure.

(2.) Appellants have filed this appeal against the judgment dated 2.5.2000 and award dated 17.5.2000 passed by 2nd Additional District Judge cum Claim Tribunal, Jehanabad, in M.V. Accident Claim Case No. 11 of 1995/30 of 1992 for enhancement of amount of compensation and 12 per cent interest from the date of filing of the claim petition before the Tribunal.

(3.) Ranjit Kumar aged about 5 years was son of appellant Nos. 1 and 2 and brother of remaining appellants. On 6.2.1987 at about 4.45 p.m. appellant No. 1 came from Kurtha on his Moped and stopped the Moped before his house and at that time deceased Ranjit was coming near him by the left flank of road when a truck bearing registration No. BRV 8755 which was being driven negligently and rashly by the truck driver crushed Ranjit who died at the spot. The appellants filed petition under Section 166 of Motor Vehicles Act for compensation amounting to Rs. 2 Lacs with interest at the rate of 18% per annum pendente lite. The Tribunal awarded a sum of Rs. 25,000/- as compensation with interest at the rate of 9% from 8.5.1995 and ordered the respondent to pay the amount within three months. It was also ordered that the amount paid to the appellants as interim compensation, if any, shall be adjusted in the amount of the award.