KALULAL & ANR. Vs. KALULAL & ORS.

JUDGEMENT

(1.) The appeal is directed against the award dated 26.10.1999 passed by Motor Accident Claims Tribunal, Udaipur in MACT Case No. 55/1994 by which an award of Rs.92,000.00 has been passed.

(2.) Brief facts of the mishap are that while Navin Kumar a child of about 16 years was standing behind the truck after deboarding, its driver Kalu Lal reversed the truck without looking behind resultantly Navin Kumar was run over by the truck and died. The learned Tribunal awarded Rs.92,000.00 by awarding Rs.80,000.00towards pecuniary loss, Rs.10,000.00 towards mental agony and rest of Rs.2,000.00towards funeral expenses. The main contention of learned Counsel for the appellants is that learned Tribunal has committed error in not awarding and assessing income of the deceased boy Navin Kumar notionally.

(3.) I have been heard learned Counsel for both the parties, examined the impugned award and material available on record.