UNITED INDIA INSURANCE CO LTD Vs. HUKMI

JUDGEMENT

(1.) THIS appeal has been submitted by the insurer of the vehicle involved in the accident assailing the award dated 28th September, 1992 made by the Motor Accident Claims Tribunal, Banner in Claim Case No. 28/1989 in the sum of Rs. 1,74,000 in favour of the claimant -respondents for accidental death of their son Babulal 20 years in age, essentially on the ground of limit of its liability in the sum of Rs. 1,50,000 and not beyond.

(2.) AT about 12.30 p.m. on 27.12.1988 on Dhorimana to Candhav route near village Dabli the deceased Babulal, son of the claimants, while driving a Jonga bearing registration No. RJC 3815 sustained fatal injuries on being hit head -on by a truck bearing registration No. RNM 6609 driven by non -applicant No. 1 Shankerlal. Narrating the incident, parents of the deceased Babulal submitted the present claim application with the averments that Babulal was 20 years in age earning Rs. 650 per month and contributing Rs. 550 per month to the parents and claimed Rs. 1,98,000 for the loss of contribution for 30 years. The claimants also claimed non -pecuniary loss at Rs. 50,000 and transportation and funeral expenses at Rs. 2,000 and thereby claimed compensation in the sum of Rs. 2,50,000 against the driver, owner and insurer of the offending truck.

(3.) ON the pleadings of the parties, the Tribunal framed the following issues for determination of the questions arising in the case: Hindi matter omitted