- (1.) This is the first appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 13.11.2002 passed by the Motor Accident Claims Tribunal, Sultanpur, in Claim Petition No. 214 of 1997 Ram Ashish Maurya v. Nand Lal Yadav and Ors.
(2.) The brief facts of the case are that on 16th June, 1997 at about 10 a.m. Sri Shailesh Kumar aged about 4-1/2 years and a student of K.G. Class was going with his uncle Sri Ram Kishun Maurya at Khateerpur Aata Chhakki at Kadipur-Chanda road, Sultanpur., a Jeep No. U.P. 62 A/8101 driven by Sri Harish Chandra Upadhyay and owned by Sri Nand Lal Yadav hit him, as a result, he died on the spot. The claimant-Respondent, i.e., parents of the deceased, have filed a claim petition for the compensation of Rs. 11,50,000. The said vehicle was insured by the Appellant company. The Tribunal in its impugned order observed that the driver was having a valid driving licence and the vehicle was duly insured with the Appellant company on the date of accident. Finally, the Tribunal has awarded a sum of Rs. 67,000 as compensation alongwith the interest at the rate of 9% per annum from the date of filing of the petition.
(3.) Being aggrieved, the Appellant company has filed the present appeal.;