The court established the liability of parties based on the violation of statutory rules by the Electricity Company.

1. This appeal is at the instance of the claimants in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 15th January 2007 passed by the Chairman, Motor Accident Claims Tribunal [Main], Bhavnagar in MACP No. 1069 of 1997 thereby partly allowing the application for compensation and awarding a sum of Rs.1,03,000/- as compensation.

2. It appears that the claimants, parents of the victim aged 12 years, filed the aforesaid application for compensation of Rs.2,00,000/- under the following circumstances:

2.1 The accident occurred on 5th August 1997 at about 1.45 PM on the Kumbhar-para road near Bhalgamda Gate, Limdi. The deceased, Jignesh, was playing cricket and during the play, the ball went on the cabin of truck no. GRT 5923 which was lying stationary on the side of the road below the electric line laid by Paschim Gujarat Vij Company Limited [the Electricity Company, hereafter]. Jignesh climbed upon the stationary truck for picking up the ball and while throwing the ball, he touched the electric wire passing above the truck; as a result, he sustained burn injuries all over the body and died after 7 days in the hospital. According to the claimants, the accident occurred due to negligent parking on the part of the driver of the truck as well as on the part of the Electricity Company by not maintaining the height of the electric line as required under the law.

2.2 Thus, the parents of the deceased boy filed the claim petition against the owner of the truck, the insurer of the truck as well as the Electricity Company.

3. The Insurance Company denied the case of the claimants, and according to it, at the time of the accident, the truck was kept stationary as per the traffic rules, and it was the deceased who climbed up and went on the cabin of truck and came in contact with the live electric wire in the process of throwing the cricket ball. Therefore, according to the Insurance Company, the Electricity Company was wholly liable as the height of electric line was below the stipulated height.

4. The Electricity Company filed written statement thereby denying that at the place of the accident, the electric line was kept below the required height as per the rules and asserting that it was not in a loose condition and that the electric line was properly maintained. According to the Electricity Company, the driver of the truck, on which the deceased climbed, should be held liable.

5. The learned Tribunal below, on consideration of the materials on record, came to the conclusion that the owner of the truck and the Electricity Company were equally responsible, and, as such, passed an award thereby holding both the parties to be equally liable to pay the compensation.

6. The Tribunal found that the notional income of the victim should be considered to be Rs.15,000/- per annum and after deducting 2/3rd there from towards personal expenses came to the conclusion that the claimants being parents were entitled to only Rs.5000/- per annum, and applying thereto a multiplier of 15, awarded a sum of Rs.75,000/- under the head of dependency benefit. The Tribunal further awarded a sum of Rs.10,000/- towards loss of expectation of life, Rs.3000/- towards funeral expenses, Rs.10,000/- towards pain, shock and suffering and Rs.5000/- towards medical treatment and transportation and thus, awarded a total compensation of Rs.1,03,000/-.

7. Being dissatisfied, the claimants have filed the present appeal for enhancement of the compensation.

8. The Insurance Company has preferred Cross Objection No. 15 of 2010 contending that the Tribunal erred in holding the driver of the truck was equally responsible in causing the accident. It is their case that at the relevant time, the truck was lying in a parked condition, and hence, there was no question of the accident having been caused due to use of the vehicle. According to them, the accident was caused due to sole negligence of the deceased who climbed on the top of the stati