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Amritlal Chunilal Katariya and anr. Vs. Maharashtra State Transport Corpn. and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtMumbai High Court
Decided On
Judge
Reported in1(1985)ACC516
AppellantAmritlal Chunilal Katariya and anr.
RespondentMaharashtra State Transport Corpn. and ors.
Excerpt:
.....(5) air bom r held per incuriam]. - according to amritlal, sachin was a bright boy and the parents had the resources as well as ambition to educate him so that he qualifies as a doctor or an engineer. the damages inasmuch as case payable to the parents on account of death of an infant would comprise mainly element of shock and the damages on that account of shock, pain and sufferings as well as loss of expectancy of life are assessed at rs......was a bright boy and the parents had the resources as well as ambition to educate him so that he qualifies as a doctor or an engineer. alkan and amritlal, the parents of the child, say that they were shocked due to the death of their only son.3. it appears that amritlal is practising law, paying income-tax and has also landed property. the damages inasmuch as case payable to the parents on account of death of an infant would comprise mainly element of shock and the damages on that account of shock, pain and sufferings as well as loss of expectancy of life are assessed at rs. 10,000/-.4. partly allowing the appeal, the order of the tribunal is modified by substituting the figure of rs. 10,000/- for rs. 4,000/- occurring in the second line of the operative portion of the order. rest.....
Judgment:

V.V. Vaze, J.

1. Sachin, the two years' old son of Amritlal Katariya a practising Advocate of Ahmednagar was killed as be came under S.T. bus bearing No. MHD-904 belonging to opponents 1 and 2 which was being driven by Shaikh Abdul Shaikh Shahji-opponent No. 4 on 28.6.1979. The parents of the child filed a claim petition before the Claims Tribunal. Ahmednagar which awarded damages to the extent of Rs. 4,000/- which the parents consider as inadequate.

2. As the child was only two years' old no arguments have been addressed regarding any contributory negligence though an observation was made by the trial Court that the parents were negligent in allowing the children to play on the roads. According to Amritlal, Sachin was a bright boy and the parents had the resources as well as ambition to educate him so that he qualifies as a doctor or an engineer. Alkan and Amritlal, the parents of the child, say that they were shocked due to the death of their only son.

3. It appears that Amritlal is practising law, paying income-tax and has also landed property. The damages inasmuch as case payable to the parents on account of death of an infant would comprise mainly element of shock and the damages on that account of shock, pain and sufferings as well as loss of expectancy of life are assessed at Rs. 10,000/-.

4. Partly allowing the appeal, the order of the Tribunal is modified by substituting the figure of Rs. 10,000/- for Rs. 4,000/- occurring in the second line of the operative portion of the order. Rest of the order stands confirmed. No order as to costs in this Court.


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