NATIONAL INSURANCE COMPANY Vs. SHANIM AHMAD

JUDGEMENT

(1.) The insurance company has challenged the judgment and award of the Motor Vehicles Accidents Claims Tribunal which awarded a compensation of Rs. 20,000 to respondent No. 1, father of the injured minor boy.

(2.) Misbahul Haque, a boy of about 5 1/2 years old, was travelling with his grandfather in a bus bearing registration No. BRV 4605 from Lasia to Katra. The bus met with an accident due to the rash and negligent driving by the driver. In the said accident, Misbahul Haque was injured and his right hand was fractured. He was admitted in the Rajendra Medical College Hospital where his right hand had to be amputated. An application for compensation of Rs. 50,000 was filed by his father, respondent No. 1. The Tribunal awarded a compensation of Rs. 20,000.

(3.) Mr. Roy, learned counsel appearing on behalf of the appellant, submitted that the maximum liability of the appellant in this case was Rs. 5,000 and the Tribunal, according to him, could not have awarded a compensation of Rs. 20,000 against the insurance company. In support of his submission, Mr. Roy relied on section 95(2)(b)(ii)(4) of the Motor Vehicles Act.