MANOJ KUMAR Vs. DEENDAYAL

JUDGEMENT

(1.) The claimants are not satisfied with the quantum of compensation decided by the Motor Accident Claims Tribunal, Sikar, in Accident Claim Case No. 56/14 (Transferred Case No. 60/2016). By the impugned award dtd. 5/7/2017, the learned Tribunal awarded Rs.5,00,000.00 (Rupees Five Lacs only) compensation along with interest of 8% from the date of presentation of the application for death of Gaurav Kumar aged about 10 years in Motor Vehicle Accident. The appellants are parents of Gaurav Kumar. They claim Rs.80,25000.00 as compensation.

(2.) The proved facts of this case is that on 8/11/2013 victim Gaurav Kumar was standing on the roadside along with his Bicycle. At the same time a rash and negligent Mini Bus bearing registration No. RJ 23PA 2644 dashed against Gurav Kumar causing his instant death and smashed his Bicycle. After investigation of Police case registered for the accident, the police found that the driver of the vehicle was negligent. It is not disputed that the vehicle was insured with respondent No. 3-Bharti Axa General Insurance Company Limited for the relevant period.

(3.) The insurer had contested the claim case on the ground of contributory negligence of the deceased as well as violation of terms and conditions of Insurance Policy as the driver was having no licence to drive a Mini Bus.