BHAWANI SINGH, J. ( 1 ) THIS appeal is directed against the award passed by the motor Accidents Claims Tribunal, Mandla in the Claim Case No. 35 of 1999, dated 12. 12. 2000. ( 2 ) ON 29. 5. 98 at about 7 p. m. , Vandana (11) was travelling by bus No. MP 20-E 9631, owned by Rakhi Jaiswal, driven by one Firoz Khan and insured with Oriental insurance Co. Ltd. Bus was being driven rashly and negligently by its driver, as a result of which it hit stationary truck parked on left side of the road. As a result of this accident, head of the deceased was crushed when the bus crossed by the side of the truck. She died instantaneous death, since head was severed from the body. Ultimately, compensation of Rs. 3,30,000 is claimed with interest at the rate of 18 per cent per annum. ( 3 ) THE owner and the driver of the bus submit that the accident took place due to negligence of the deceased, therefore, they are not responsible for this accident. The bus was being driven slowly and was under control. It was insured with Oriental Insur-ance Co. Ltd. , therefore, they are not liable to pay compensation. ( 4 ) ORIENTAL Insurance Co. Ltd. denied all the allegations. It alleges that the driver of the bus did not possess valid driving licence, therefore, committed violation of conditions of the insurance policy. As such, the insurance company is not liable to pay compensation. ( 5 ) THE owner/driver of the truck No. MHG 3046 has denied the allegation that the truck contributed to the accident. As a matter of fact, the truck had been parked on the left side of the road, therefore, claim is liable to be dismissed. ( 6 ) AFTER recording of evidence and hearing the parties, the Claims Tribunal held that the accident took place as alleged. The truck did not contribute to the accident and awarded compensation of Rs. 50,000 with interest at the rate of 12 per cent per annum. ( 7 ) THE claimants are the parents of the deceased. They are not satisfied with the award, therefore, it has been challenged through this appeal. ( 8 ) MR.
The truck did not contribute to the accident and awarded compensation of Rs. 50,000 with interest at the rate of 12 per cent per annum. ( 7 ) THE claimants are the parents of the deceased. They are not satisfied with the award, therefore, it has been challenged through this appeal. ( 8 ) MR. Narendra Sharma, the learned counsel appearing for claimants, submits that the claimants have not been justly compensated for the death of their daughter in this accident, therefore, amount of award deserves to be enhanced. Mr. San-jay Agrawal, learned counsel appearing for Oriental Insurance Co. Ltd. , submits that just compensation has been awarded, looking to the age of the deceased and background of the family. ( 9 ) GIVING consideration to the whole matter, we find that Vandana was 11 years old at the time of the accident. She was student. Her life has been cut short by this accident which took place due to rash and negligent driving of the bus by its driver who caused the accident with the truck which had been parked on the left side of the road. Decision of this court in Pramila bai v. Mustafa Khan, Appeal No. 1495 of 1996; decided on 10. 10. 2000 is brought to our notice. For the death of Ashok (8 years old), compensation of Rs. 75,000 has been awarded. Therefore, compensation of rs. 75,000 is awarded for the death of vandana, apart from Rs. 7,000 for loss of expectancy of life and Rs. 2,000 towards funeral expenses, taking total amount of compensation to Rs. 84,000 (rupees eighty-four thousand ). The enhanced compensation will carry interest at the rate of 9 per cent per annum from date of application till payment, by the insurance company within two months. Costs on parties. Appeal partly allowed. .