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ALLAHABAD HIGH COURT
N.K. Mitra, CJ., S.C. VERMA, J.
UNITED INDIA INSURANCE CO.LTD - Appellant
Versus
NOKHEY LAL SINGH - Respondents
F. A. F. O. 128 Of 2000
Decided On : 02/01/2000
( 1 ) THE Motor Accidents Claims Tribunal, in M. A. Petition No. 501 of 1998, by an award dated 25. 10. 1999, has awarded compensation of Rs. 1,50,000 to a minor of 10 years, who met an accident with truck No. HR 13-G-0190. The accident had taken place on 7. 7. 1998 at about 3 p. m. on G. T. Road, when the deceased while crossing the road met with fatal accident. The factum of accident has been held to be proved by the Tribunal, on the basis of F. I. R. , post-mortem report and the statements of the witnesses, namely, ramchandra Vishwakarma and Nokhey lal Singh. The Tribunal has also held that the vehicle was properly insured and there was a subsisting policy at the time of the accident. The Tribunal has further held that the driver possessed a valid driving licence and the vehicle was having proper registration certificate and permit to ply the vehicle. The Tribunal has recorded the finding that the vehicle was being rashly and negligently driven by the driver of the vehicle which is borne out from material on record and the said finding does not call for any interference. Insofar as the question of compensation is concerned, the same also appears to be just and proper, inasmuch as, under the Second Schedule appended to the Act, a minimum compensation of Rs. 1,50,000 has been provided even if the claimant had no income.
( 2 ) LEARNED counsel for the appellant submitted that the amount of Rs. 1,50,000 is on higher side as the boy of 10 years had no earnings. In view of the amount of compensation being provided in the schedule and the object of the Act being to be liberal while awarding compensation to the claimants of the deceased, we are of the opinion that the amount fixed by the tribunal does not appear to be unreasonable and unjustified. We do not find any illegality and infirmity in the award, as concluded by the Tribunal. The appeal is accordingly dismissed. Appeal dismissed.
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