SITA Vs. MOHASEEN

JUDGEMENT

(1.) The instant Civil Misc. Appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants against the judgment and award dtd. 27/7/2015 passed by the learned Motor Accident Claim Tribunal, Dungarpur (hereinafter referred to as "the Learned Tribunal" for short) in MAC Case No. 515/2014, whereby the learned Tribunal partly allowed the claim petition and awarded compenstion to the tune of Rs.2,63,000.00 to the claimants-appellants.

(2.) Briefly stated facts of the case are that on account of death of one-Naresh Banjara, in a motor vehicular accident, which was occurred on 14/8/2014, due to the negligence of the driver of the vehicle bearing Registration No. RJ 27 TA 1429, the claimants-appellants preferred the claim petition before the learned Tribunal alleging therein that the deceased-Naresh Banjara was about 12 years' old and was studying at the time of accident and, therefore, seeking total compensation to the tune of Rs.28,15,000.00, the claim petition was preferred.

(3.) The respondent Nos.1 to 3 submitted their reply to the claim petition and denied the averments mentioned in the claim petition. Similarly, the respondent No.4-Insurance Company also submitted its reply and submitted that the driver of the offending vehicle was not having effective and valid driving licence at the time of accident and the owner of the offending vehicle also was not having effective permit. Thus, it was submitted that respondent No.4-Insurance company was not liable to satisfy the claim amount.