- (1.) Being aggrieved by the award dated 28-02-09 passed by AMACT, Sendhwa, Distt. Badwani in Claim Case No. 165/07 whereby claim petition filed by the appellants on account of death of Rahul aged three years in a motor accident which took place on 26-09- 07 was allowed and compensation of L 1,00,000/- was awarded, present appeal has been filed.
(2.) Learned counsel for the appellants argued at length and submit that in a case of child death which took place in the year 2007 amount awarded by the leaned Tribunal is grossly inadequate. It is submitted that the appeal filed by the appellants be allowed and amount of compensation be enhanced.
(3.) Learned counsel for respondent No.3 submits that the respondent No. 3 has filed the cross-objections. It is submitted that the learned Tribunal committed error in holding the respondent No. 3 liable for payment of compensation. It is submitted that since the offending vehicle was insured for agricultural purposes and was being used for spiritual purpose and the respondent No. 1 was not possessing valid driving license, therefore, learned Tribunal committed error in holding respondent No. 3 liable for payment of compensation. In alternate learned counsel submits that the amount awarded by the learned Tribunal is just and proper. It is submitted that the appeal filed by the appellants be dismissed and the crossobjection filed by the respondent No. 3 be allowed.;