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2002 DIGILAW 1150 (JHR)

United India Insurance Company Ltd. v. Manoj Kumar Chaudhary

2002-11-01

GURUSHARAN SHARMA, HARI SHANKAR PRASAD

body2002
ORDER 1. Heard the parties. United India Insurance Company Limited has challenged the judgment and award dated 19.2.2000, passed by Claims Tribunal under the Motor Vehicles Act, Ranchi in Compensation Case No. 61 of 1993. 2. Hazari Lal Chaudhary, respondent No. 2 sustained injuries in the Motor accident dated 10.3.1993. He along with his son was riding on a bycycle from their house to Mahabir Chowk. As soon as they reached near Ratu Road and Kanke Raod junction, a Bus (MKL-6366) dashed against their bycycle from behind, as a result of which his son died at the spot and he himself sustained grievous injuries on his right leg. At the time of accident the vehicle in question was insured with appellants Insurance Company. 3. Hazari Lal Chaudhary and his wife, Shyamli Devi filed Compensation Case No. 61 of 1993 on account of death of his son. Admittedly, their son Jai Prakash Chaudhary was 9 years old at the time of accident. It was established that accident was caused due to rash and negligent driving of the bus. 4. The Tribunal assessed a sum of Rs. 1,30,000/- to be paid as compensation to the claimantps with interest @ 12% per annum from the date of making application till payment. 5. In absence of necessary details regarding the deceased minor child as well as regarding the family, we are of the view that amount of compensation assessed by Tribunal is excessive and, therefore, it is reduced to the amount of Rs. 1,00,000/-only. Further rate of interest is also reduced from 12% to 9%. 6. With this modification in the impugned judgment and award, this appeal is disposed of. 7. The claimants have filed IA No. 2135 of 2001 at flag A for withdrawal of the statutory amount of Rs. 25,000/- deposited by appellant in this appeal, vide Challan No. J. 154 dated 30.3.2001. Prayer is allowed and claimants-respondents are permitted to withdraw the said amount on proper verification and in accordance with law.