DULESHRI DEVI Vs. UTTAM KUMAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the Insurance Company.

(2.) In the present appeal the appellants are challenging and making prayer for modifying the judgment dated 17.4.2013 and award dated 3.6.2013 passed by the Additional District Judge Ist-cum-Motor Accident Claims Tribunal, Rohtas at Sasaram in Claim Case No.159 of 2011 by which Tribunal has awarded a meager amount of Rs.1,54,500 for the death of a minor boy aged about six years.

(3.) Brief facts of the case is that on 27.7.2009 at about 6.30 A.M. at Village Kumhau near Sati Mai Asthan, the deceased Vikash Kumar was playing with other children. In the meantime, Piaggio Tempoo bearing registration no. BR 24P/2028 came very rashly and negligently dashed Vikash Kumar, as a result of which he sustained grievous injuries. He was brought to Sadar Hospital, Sasaram, from there he was referred to Varanashi for better treatment but died during the treatment at Varanasi which led to filing of Sheosagar P.S. Case No.146 of 2009 under Sections 279 and 304(A) of the Indian Penal Code.