- (1.) HEARD Sri D. S. Patni, counsel for the appellant and Sri Rajendra Kotilyal, counsel for respondent no. 1.
(2.) THIS is an appeal filed by the In surance Company. By the present A. O. filed under Section 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the award dated 18-9-2004 passed by the Motor Accident Claims Tribunal/ District Judge, Tehri Garhwal, in Motor Accident Claim Case No. 33 of 2002 Dinesh Prasad Lakhera and another Vs. Arbind Raturi and another, whereby a sum of Rs. 1,52,000/- has begp awarded to the claimants against the Insurance Company along with interest @ 6% per annum. Briefly stated, a claim petition was filed by the claimants - respondents no. 1 and 2 being Motor Accident Claim Case No. 33 of 2002 Dinesh Prasad Lakhera and another Vs. Arbind Raturi and another claiming a sum of Rs. 10,00,000/- towards compensation.
(3.) ACCORDING to the claim petition, on 6-8-2002, when Rajat (hereinafter re ferred to as the deceased) aged about six years was coming home by the right side of the road on foot, all of a sud den a Bus No. U. A.-7c-9311 (hereinaf ter referred to as Bus in question), which was driven rashly and negligently by its driver crushed the deceased, due to which he succumbed to injuries on the spot. At the time of accident, the de ceased was studying in Class II. It was the only son of the claimants. It has been stated in the claim petition that the Bus in question was insured with United India Insurance Company. Opposite party no. 3 as well as the appellant has contested the claim by filing written statements.;