NATIONAL INSURANCE CO LTD Vs. HEMATBHAI S SOLANKI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award dated 17.9.2005 passed by the Motor Accidents Claims Tribunal [Main], Rajkot, in M.A.C. Petition No. 409 of 2005, whereby the claim petition was allowed and the original claimants were awarded total compensation of Rs. 2,04,500 along with interest at the rate of 10 per cent per annum from the date of the application till its realization.

(2.) FACTS in brief are that on 29.3.2005, at around 0100 hours, while Hematbhai, son of respondent Nos. 1 and 2, was going on his bicycle, at that time, the rickshaw (chhakdo) bearing No. GJ 10-T548, driven by respondent No. 3 and insured with the appellant insurance company, in a rash and negligent manner, knocked down Hematbhai, as a result of which he sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased child filed claim petition, which came to be partly allowed, by way of the impugned award.

(3.) AS a result of hearing and perusal of the record, there is no dispute that the deceased was 13 years old. As far as the income of the minor is concerned, the Apex Court in the case of National Insurance Co. Ltd. v. Gurumallamma, 2009 ACJ 2660 (SC), held as under: