NISHA GUPTA, J. - (1.) This Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment /award dated 7.3.2013 passed by Judge, MACT, and Special Judge (Dacoity Affected Area), Dholpur in Claim Petition No. 09/04 whereby the claim petition has been allowed against the appellants, hence the Insurance Company has preferred this appeal on the ground that a very higher and unreasonable compensation has been awarded.
(2.) The contention of the Insurance Company is that for pain and sufferings twice the compensation has been awarded and inspite of the fact that the deceased was a child of only 8 years, his income has been assessed 36,000/- per year and admittedly he has suffered only 60% disability. The compensation has been awarded by computing the disability as 100%. The accident is of 2003, hence minimum wages prevalent at that time should be the guiding principle and in 2003, the value of rupees was much higher than today which fact has not been considered by the court below, hence the award should be suitably reduced. Per contra, the contention of the respondents is that the appeal is not maintainable as no permission has been sought by the Insurance Company as provided under Section 170 of the Motor Vehicles Act and court below has considered the rival contentions and a reasonable and fair award has been ordered. The right leg of a child of 8 years has been imputed below the knee for which any sum of compensation cannot compensate his agony and discomfort, hence no interference is needed.
(3.) Heard the learned counsel for the parties and perused the impugned award.;