NEW INDIA ASSURANCE CO LTD Vs. JEETO DEVI

JUDGEMENT

(1.) NEW India Assurance co. Ltd. has filed this appeal questioning the Motor Accidents Claims Tribunal, jammu's award of 26. 8. 2005, awarding an amount of Rs. 4,10,000 along with interest at the rate of 6 per cent per annum to the parents of Kewal Krishan, who had died in a motor vehicular accident because of injuries received by him in the accident when he had been hit by rashly and negligently driven water tanker bearing registration no. JKP 2905, when he had been coming home after purchasing notebooks from talab Tillo, Jammu.

(2.) LEARNED counsel for the insurance company, Mr. Baldev Singh, submits that claims Tribunal had awarded excessive amount by way of compensation to the parents of the deceased when no evidence had been led by them indicating about the exceptional brilliance of the deceased, warranting higher amount of compensation. The learned counsel referred to various judgments in which compensation to the parents for the death of their children in the age group of 15 years had been awarded at a lesser amount than one which had been awarded in the present case.

(3.) MR. K. S. Chib, the learned counsel appearing for the claimants, submitted that the Tribunal's award was passed on the basis of a judgment of Hon'ble Apex Court of India and in that view of the matter no interference therewith was warranted.