AVNEESH JHINGAN
Brij Lal – Appellant
Versus
Vinod Kumar – Respondent
Avneesh Jhingan, J.
The present appeal is against the award dated 24.03.2005 passed by the Motor Accidents Claims Tribunal, Bhiwani (hereinafter to be referred as the “Tribunal) claiming for enhancement of the compensation of Rs.70,000/- awarded by the Tribunal for the death of 12 years old child.
2. This case was a burnt case and the record has been reconstructed from the salvaged record and the copies supplied by the counsel subject to just exception.
3. The facts relevant for the adjudication of the present appeal are noted that the claim petition was filed by the ill-fated parents who lost their 12 years son in an accident which occurred on 02.07.2003. The tractor bearing registration No.HR-21-4406 was driven by Vinod Kumar in a rash and negligent manner dashed against Vikas. The child suffered injuries and was taken to General Hospital, Bhiwani where he was declared dead. It may be noted that the driver of the tractor sped away from the spot after the accident. An FIR No.259 was also got registered in Police Station, City, Bhiwani.
4. The Tribunal after considering the evidence and the witness, awarded a sum of Rs.70,000/- along with @ 9% per annum from the date of prese
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