GOPAL LAL GUPTA,J. - (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant for the enhancement of compensation awarded vide judgment dated 14.3.1989.
(2.) THIS case relates to an accident which occurred on 13.2.1989 in which a boy of 10 years lost his life. The vehicle involved in the accident was bus No. RJX 1982 and its driver was Yaseen AH. The bus belongs to the Vanasthali Vidyapeeth, Vanasthali and was insured by the New India Assurance Co. Ltd. Reply of the driver and the owner was that there was no fault of the driver in the accident. The insurance company raised some legal objections. The learned Tribunal framed six issues. Claimants Shankar Lal and Bhonri Devi, entered into the witness -box and examined Ram Gopal, AW 2, and Prabhat, AW 3. In rebuttal Yaseen Ali gave his statement. The learned Tribunal after hearing the arguments found under issue No. 1 that the accident had occurred because of the rash and negligent driving of the bus. Under issue No. 2, compensation of Rs. 31,000/ - was held to be just compensation.
(3.) I have heard the arguments of the learned Counsel for the parties and perused the record of the case.;