JUDGEMENT
Dalip Singh, J. -
(1.) This appeal arises out of the award passed by the Motor Accident Claims Tribunal, Bharatpur in Motor Accident claim No.29/1991 dated 18.7.1994 for enhancement of the compensation awarded by the learned Tribunal. The claim has been filed by the appellants who are the parents of the deceased-Radharaman, a boy aged 13-14 years (minor) who met with an accident on 29.11.1990 at about 4.00-5.00 p.m. and sustained injuries resulting into his death. The vehicle bearing registration No.UPA-8502 which was involved in the accident, was being driven by the respondent No.2-Ishwar Singh and was owned by the respondent Nos. 1 & 4 Mohd. Nazir and Ramesh Chand respectively and was insured with respondent No.3-Oriental Insurance Company Ltd.
(2.) The learned Tribunal after a detailed discussion held that respondents were jointly and severally liable as the vehicle in question was duty insured with respondent No.3 vide insurance policy Exhibit P-5 which was valid from 30.1.1990 to 29.1.1991 and the accident having occurred between the said period on 29.11.1990, the Insurance Company was held liable to pay the compensation along with the owner and the driver of the said offending vehicle.
(3.) The submission of the learned counsel for the appellants is that the learned Tribunal awarded only a sum of Rs.50,000/- by way of compensation, whereas, according to the law laid down by their Lordships in the case of Shanti Bai & Ors. v. Charan Singh & Ors. reported in 1998 ACJ 848 , in the case of a minor child who is not an earning member, a consolidated amount of Rs.1,50,000/- liable to be awarded.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.