M.M. Dutt, J. - (1.) THIS appeal is at the instance of the Oriental Fire and General Insurance Company Limited and it is directed against the award of the Motor Accidents Claims Tribunal, Calcutta.
(2.) IT appears that on September, 13, 1970 at about 2.30 p.m., the minor son of the respondent No. 1, aged about 9, was knocked down by a private car belonging to the United Nations International Children's Education Fund (UNICEF), while the boy was standing on the footpath of Ritchie Road and was about to cross the road to go on to the other side. The boy had suffered bleeding injuries all over the body and had to be removed to the hospital. He was also treated by some physicians including Dr. R.N. Chatterjee, M. S. The respondent No. 1, who is the father of the boy, made an application under section 110 -A (1) (a) of the Motor Vehicles Act, 1939, praying for payment of compensation assessed at Rs. 20,000/ -. The application was opposed by the insurer of the vehicle, namely, the appellant, denying its liability to pay. Further, it was alleged that at the material time the boy had been actually crossing the road running, but as he fell down he was run over by the vehicle. The learned Tribunal came to the finding that the car was driven in a rash and negligent manner which brought about the accident. He held that the boy was not guilty of contributory negligence. After considering the injury and other circumstances, the Tribunal awarded a sum of Rs. 13,000/ - on account of compensation. Hence this appeal.
(3.) MR . Nihar Ranjan Majumdar, learned Advocate appearing on behalf of the appellant has argued two points in support of the appeal. The first point that has been furged by him relates to the maintainability o the application under section 110 -A (1) (a) of the Motor Vehicles Act, 1939. It is contended by him that as the application was made by the father and not on behalf of h is minor son, it was not maintainable. This contention has no substance. It has been clearly stated in the preamble to the application that it is made by the father as the natural guardian of the minor. In the circumstances, the application in our view, was quite maintainable.;