- (1.) RAJEEV Gupta, C. J. Sri V. K. Kohli, Senior Advocate with Sri T. Pande, Advocate for the appellant is heard on admission.
(2.) THIS is insurer's appeal against the Award dated 28-01-2006 passed by the Motor Accident Claims Tribu nal, Dehradun in Motor Accident Claim Case No. 208 of 2004, whereby the appellant Insurance Company has been directed to pay a sum1 of Rs. 2,25,000/- along with interest @ 6% per annum from the date of the claim peti tion i. e. 29-09-2004 to the claimants as compensation for the death of Km. Shaila daughter of respondents 1 and 2 and sister of respondents 3 and 4. The claimants claimed com pensation of Rs. 3,10,000/- for the death of Km. Shaila, aged about 13 years in the motor accident on 30-08-2004 when she was dashed by the offending vehicle - Tata Sumo bearing registration no. UA-12-0414 resulting sin serious injuries to Km. Shaila, who succumbed to those injuries next day in the hospital. The owner, driver and the in surer of the offending vehicle- Tata Sumo contested the claim. The owner and driver took the plea that the de ceased girl herself was responsible for the accident whereas the insurer de nied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle was not holding a valid driving license.
(3.) THE Tribunal, on the evidence led by the parties, held that Km. Shaila died on account of the injuries sustained by her in the accident; the accident occurred due to rash and neg ligent driving of the driver of the of fending vehicle- Tata Sumo; the driver was holding a valid driving license on the date of the accident; and the in surer of the offending vehicle- Tata Sumo was liable to pay compensation to the claimants. The Tribunal following the dic tum of the Apex Court in the case of Manju Devi Vs. Musafir Paswan 2005 (1) T. A. C. 609, wherein compensation of Rs. 2,25,000/- was found to be just and proper for the death of a minor aged about 13 years, awarded com pensation of Rs. 2,25,000/- to the claimants.;