LAXMIKANT SHARMA ALIAS LAXMISHANJAR Vs. NARAYAN SINGH

JUDGEMENT

(1.) APPELLANTS, being aggrieved with the award passed by First Additional Motor accident Claims Tribunal, Gwalior in Claim case No. 29/2002 on 30th October, 2002, have filed this appeal under Section 173 of the motor Vehicles Act, 1988 for enhancement of compensation.

(2.) FACTS of the case lie in a narrow compass as under: deceased Aman Sharma, aged about 4 years, was the only child of the appellants. On 13th October, 2001 he had gone to K. G. Children Public convent School, Morar. While returning back to his house alongwith cousin sister on foot, on Mal Road, near the Circuit House boundary one Tempo no. MP-07-T-1511, which was being driven by its driver rashly and negligently came and dashed deceased aman. As a result of this accident, he sustained injuries in the head. He became unconscious on the spot. The intimation of the accident was given to the parents of the child and he was taken to J. A. Group of Hospitals and during treatment he succumbed to the injuries. The respondent No. 1-driver ran away from the spot along with tempo but the number was noted by the persons those who were present on the spot. Crime was registered at P. S. Morar, matter was investigated and chargesheet was filed. The claimants those who are the parents have also filed petition under Section 166 of the motor Vehicles Act for claiming compensation of Rs. 9,82,000/ -.

(3.) IT was pleaded that Aman was the only child of the appellants. The appellants were having lot of expectations from his son that he will serve them in the old age. He will also earn money and maintain the parents. In reply, the claim was contested and respondent No. 1-Narayan Singh, who was driver of the vehicle, denied even the fact of accident from the tempo and had not filed any written statement. The Insurance company took stand that the said tempo was not involved in the accident. Aman was only aged about 3 years and the expectations cannot come as imaginary one. The driver was driving the tempo contrary to the terms and conditions of the insurance policy and the claimants are not entitled for any compensation.