MANGU RAM SHARMA Vs. S SINGH

JUDGEMENT

(1.) THE claim as allowed by the Motor Accidents Claims Tribunal stands reduced in the appeal preferred by the respondent no 2 -Oriental Insurance Company which appeal was decided by a learned Single Judge of this court on 13th Aug 99. This reduction in the amount of compensation is being challenged in this appeal.

(2.) A child of seven years met with an accident. This fact is not being disputed. It is also not being disputed that the vehicle which was responsible for the accident was insured with the respondent Insurance Company. The tribunal awarded Rs. 2,24,500 / - as compensation. In appeal the amount stands reduced to Rs. 85,000 / - interest at the rate of 12 persent has been allowed it is. as indicated above, the reduction made in amount of compensation which is subject matter of challenge in this appeal preferred under clause 12 of the letters patent.

(3.) THE learned counsel for the respondents urges that when the case out of which this appeal has arisen was decided then in another appeal the principle of law which was made applicable in the present case and was applied in the second case and when that decision has been sustained in appeal decided by a division bench of this court in LPA (C) No. 48/99 decided on 10th Nov 99, then the ratio of decision given in the aforesaid appeal should apply to the facts of this case also.