HARI RAM Vs. NEW INDIA INSURANCE CO. & ORS.

JUDGEMENT

(1.) APPELLANT Hari Ram is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Baloda Bazar (for short 'the Tribunal') vide award dated 21.06.2000, passed in Claim Case No. 15/2000.

(2.) AS against the compensation of Rs. 4,75,000/ - claimed by the appellant/ claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the death of his minor son Puniram in the motor accident on 14.11.1999, when the tractor in which he was travelling met with an accident and overturned due to rash and negligent driving of its driver, the Tribunal awarded a total sum of Rs. 50,000/ - as compensation along with interest @ 12 % per annum from the date of filing of the claim petition till the date of actual payment. Shri M.K. Bhaduri, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs. 50,000/ - only, as the deceased child Puniram would have extended support to the appellant in his old age. Shri Shreekumar Agrawal, learned Senior Counsel for respondent No. 1 on the other hand placing reliance on the dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim and others reported in, 2007 (4) T.A.C. 385 (S.C.), contended that the compensation of Rs. 50,000/ -awarded by the Tribunal is perfectly in line with the dictum of the Apex Court.

(3.) APPELLANT 's son Puniram was aged about 10 years on the date of the accident. The claimant pleaded that his minor son Puniram used to assist him in his business of selling groundnut.