S.P.SRIVASTAVA, J. - (1.) HEARD the learned Counsel for the insurer/appellant. The insurer-appellant feels aggrieved by the award of an amount of Rs. 1,52,000/- as compensation to the claimants 011 account of the untimely death of Saurabh, who was the only son of the claimants, aged about 8 years in the accident involving the offending motor vehicle which was insured by the appellant.
(2.) THE learned Counsel for the insurer-appellant has strenuously urged that the amount of compensation awarded by the Tribunal is highly excessive. In this connection, suffice it to say that there is nothing to indicate that the insurer-appellant had obtained the requisite permission envisaged under Section 170 of the Motor Vehicles Act and in that view of the matter, it can only raise the statutory defences available to it under the provisions of the aforesaid Act. Even otherwise, the Motor Accident Claims -Tribunal has taken into consideration the ratio of the decision of this Court in the case of United India Insurance Co. Ltd. v. Naukhey Lal Singh TAC 2002 (2) 657, while determining the amount of compensation at a figure of Rs. 1,52,000/-. The claimants had come up with the case that the deceased was a precocious child.
(3.) THE learned Counsel for the appellant has tried to assail the findings of the Tribunal returned against it but has not been able to demonstrate that the findings can be taken to be suffering from any such legal infirmity which may justify an interference therein. No justifiable ground has been made out for interference in the findings of the Tribunal determining the amount of Rs. 1,52,000/- as compensation. 5. It may further be noticed that as pointed out in the affidavit filed by the appellant the proceedings giving rise to the said award has been initiated under Section 163A of Motor Vehicles Act.;