Judgment · High Court

(SB: Hon'ble Mr. N.K. Aaarwal, J.) Present : Mr. H.B.Agrawal, Senior Advocate with Shri Pankaj Agrawal, counsel for the appellant. None for the respondents. ,)etS&'^<:it.. l'^It^ '-.ai-s n1B!i' "^^KK^'I'

This is insurer's appeal against the award dated 24.1.2004 passed by Additional Motor Accident Claims Tribunal, Korba (for short 'the Tribunal') in claim case No.33/2003.

As against the compensation of Rs.26,00,000/- claimed by unfortunate parents of deceased - Vikram Singh, aged about 10 years by filing claim petition under Section 166 of Vehicles Act, 1988 (for short 'the Act') for his death in the motor the Motor accident on 21.01.2003; the Tribunal awarded a total sum of Rs.1,70,000/- along with interest @ 9 % per annum from the date of filing of claim petition till its actual payment.

The Tribunal, on a close scrutiny of the evidence led, held : the accident had occurred due to rash and negligent driving of Tanker-Truck bearing registration No. CG ZC-0657 by its driver i.e. respondent No. 2- Vinod Kumar Sarthi; Vikram Singh died on account of the injuries sustained by him in the said accident; appellant/lnsurance company liable for payment of compensation to the daimants as it could not establish violation of policy conditions; assessed awarded aforesaid amount compensation in favour of claimants.

Shri H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal, learned counsel appearing for the appellant would submit: the deceased was also guilty of negiigence and, therefore, amount of compensation awarded by the Tribunal is shockingly on higher side which deserves to be suitably reduced. He would further submit: the interest at the rate of 9% per annum on the •^ .^/sy ^ amount of compensation awarded by the Tribunal is also excessive.

I have heard learned counsel appearing for the appellant and perused the material available on record including award impugned.

After going through the F.1.R. (Ex.P-2) and other criminal papers, evidence adduced by the daimants in the case, 1 do not find any infirmity in the approach of the Tribunal in holding the driver of the offending vehicle guilty of negligence. Deceased was a boy of 10 years and was pedestrian and the submission of Mr. Agrawal that he was also guilty of contributory negligence, on the face is devoid of merit.

The accident had occurred in the year 2003. The Tribunal, after taking into consideration deceased's educational qualification, age and relevant materials, has awarded Rs.1,70,000/- which, by no stretch of imagination, can be termed as shockingly on higher side, nor rate of interest awarded can be said to be excessive.

For the reasons mentioned hereinabove, the appeal being devoid of merit, is liable to be and is hereby dismissed. No order as to costs. Sd/- N.K. Agrawal Judge ^-^-""-"'iinnttilliitil H|»II