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Judgment
Sudhir Narain, J.—This appeal is directed against the award of the Motor Accident Claims Tribunal awarding Rs. 1,50,000/- as compensation to the claimant respondents.
The claim petition was filed with the allegations that on 19,10.1999 at about 2.15 p.m. when Suresh was returning to his house was crushed by Tata 407 No. U.P. 84/9306. He was aged about 14 years and was studying in Class VI. It was alleged that the accident was caused due to rash and negligent driving of the driver of the vehicle in question.
The appellant contested the claim petition and it was contended that the accident was not caused by rash and negligent driving of the driver of the vehicle in question. It was further pleaded that the amount claimed was excessive. The Tribunal recorded a finding that, the accident was caused due to rash and negligent driving of the driver of the vehicle in question.
Learned Counsel appearing on behalf of the appellant submitted that the vehicle in question was not involved in the accident and secondly, the amount awarded is excessive.
We have perused the impugned award and the material placed before us. We do not find that the finding recorded by the Tribunal is erroneous.
It is next contended that the deceased was aged about 14 years and was studying in Class VI and the amount of compensation is excessive. The deceased has left behind him his mother. The mother of the deceased is a widow. Her husband already expired.
Considering the facts and circumstances we do not find that the amount awarded by the Tribunal is excessive.
There is no merit in the appeal and it is accordingly dismissed.
Rs! 25,000/- deposited by the appellant in this Court, shall be remitted by the Registry of this Court to the Motor Accident Claims Tribunal concerned within one month for payment/adjustment of the amount payable by the appellant to the claimants-respondents.