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Mohinder Singh Vs. Gurdial Kaur and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in2(1985)ACC412
AppellantMohinder Singh
RespondentGurdial Kaur and ors.
Excerpt:
.....establish his allegations as state action shall always be presumed to be in accordance with law - he was a good sportsman having taken part of athletics, kabaddi and volleybal and had also been awarded a certificate as a boy-scout. besides this, he was also described as a good student......of rs. 10,000/- was awarded as compensation to the claimsants; they being the parents of shavinder singh deceased.4. the claims in appeal is for enhanced compensation. according to the evidence on record shavinder singh deceased was studying for his b.a. (final), at the time of his death. he was a good sportsman having taken part of athletics, kabaddi and volleybal and had also been awarded a certificate as a boy-scout. besides this, he was also described as a good student.5. further there is evidence on record to show that besides his studies, the deceased was also helping his father in the cultivation of his land. his father was, no doubt, only a small landowner, but be that as it may, some monetary value must indeed be attributed to the labours and assistance rendered by the deceased.....
Judgment:

S.S. Sodhi, J.

1. The claims in appeal here is for enhanced compensation.

2. Shavinder Singh a 19 years old student, was on his way to College when he was run over and killed by the truck PNC-6375. This happened on December 6, 1976, at Barnala.

3. It was the finding of the Tribunal that the accident had been caused by the rash and negligent driving of the truck driver. A sum of Rs. 10,000/- was awarded as compensation to the claimsants; they being the parents of Shavinder Singh deceased.

4. The claims in appeal is for enhanced compensation. According to the evidence on record Shavinder Singh deceased was studying for his B.A. (Final), at the time of his death. He was a good sportsman having taken part of Athletics, Kabaddi and Volleybal and had also been awarded a certificate as a boy-scout. Besides this, he was also described as a good student.

5. Further there is evidence on record to show that besides his studies, the deceased was also helping his father in the cultivation of his land. His father was, no doubt, only a small landowner, but be that as it may, some monetary value must indeed be attributed to the labours and assistance rendered by the deceased in the cultivation of this land.

6. Considering the circumstances of the claimsants and the deceased, there is every reason to assume that had the deceased lived, he would have provided financial support to his parents, particularly in their old age. The fact that he was being educated up to graduate level, besides being engaged in agriculture, is a clear pointer to his prospects lying in wider fields than merely agriculture alone. Considered in this light, no exception can be taken to the claims of the counsel for the claimsants for Rs. 30,000/- as compensation.

7. The compensation payable to the claimsants is accordingly hereby enhanced to Rs. 30,000/- which they shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded.

8. The respondent shall be jointly and severally liable for the compensation awarded.

9. This appeal is consequently accepted with costs. Counsel fee Rs. 500/-.


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