SUSHILA DEVI Vs. NIVENDAN CHOUDHARY

JUDGEMENT

(1.) MR . Ajay Kumar, Advocate appears and files Vakalatnama on behalf of the respondent no. 3. Let it be kept on record.

(2.) HEARD the parties and with their consent this appeal is disposed of at the stage of hearing under Order 41 Rule 11 of the Code of Civil Procedure.

(3.) IT appears that in a motor accident, on 2.1.1990, one 11 years old boy, namely, Rajendra Kumar Singh, who was a student of class VIII died. The tribunal assessed a sum of Rs. 24,000/ - payable as compensation to the mother of deceased child, assessed under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). The claimant has, therefore, challenged the said Judgment and Award dated 19.2.1994, passed by the 2nd Additional Judge -cum -Motor Vehicles Accident Claim Tribunal, Purnia in Claim Case No. 28 of 1990 in this appeal, filed under Section 173 of the Act and has prayed for enhancement of amount of compensation.