RAMSI Vs. PRAMOD KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of appellants-dependents of deceased Vijay kumar, aged 10 years, against the judgment and award passed by learned Motor Accident claims Tribunal, Dausa vide judgment dated 1. 6. 2000 whereby claim petition was dismissed on the basis of finding on issue no. 1 whereby the issue of negligence on the part of driver of the offending vehicle was decided against the appellant-claimants.

(2.) THE learned counsel for the appellant submits that the child was playing outside the house near the road and he was dashed by the offending vehicle Maruti Car due to rash and negligent driving of offending vehicle. It is also submitted that the Tribunal has failed to appreciate the evidence on record as the fact that it is the duty of the driver of offending vehicle to avoid any accident where a child comes on road while playing has been over looked. It is further submitted that issue regarding quantum of compensation as well as other issues have not been decided and the case deserves to be remanded.

(3.) PER contra, learned counsel for the respondents supported the judgment of the tribunal and submitted that the learned tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference.