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Kuldip Darshan and anr. Vs. State of Haryana and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in1(1985)ACC67
AppellantKuldip Darshan and anr.
RespondentState of Haryana and ors.
Cases ReferredC.K. Subramania Iyer and Ors. v. T. Kunhi Kuttan Nair and Ors.
Excerpt:
- administrative law - government contract: [vijender jain, c.j., rajive bhalla & sury kant, jj] government contract rejection of highest bid challenge as to held, state has no dominus status to dictate unilateral terms and conditions when it enters into contract. its actions must be reasonable, fair and just in consonance with rule of law. as a necessary corollary thereto, state cannot refuse to confirm highest bid without assigning any valid reason and/or by giving erratic, irrational or irrelevant reasons. the state is free to enter into a contract just like any other individual and the contract shall not change its legal character merely because other party to contract is state. though no citizen possesses a legal right to compel state to enter into a contract, yet latter can..........the child attains majority...' considered in this light, there can be no manner of doubt that the parents of deceased were indeed entitled to compensation and no exception can be taken to the award to them of the amount claimed which was only rs. 10,000/-. it may be mentioned in this behalf that the father of the deceased was a school teacher and it has also come in evidence that the deceased was a student studying in v-class at the time of his death. this being the situation of the claimants and the deceased, there was no ground to deny compensation to them.3. the claimants are hereby awarded a sum of rs. 10,000/- (rs. ten thousand only), as compensation which they shall be entitled along with interest at the rate of 12 per cent per annum from the date of the application to the date of.....
Judgment:

S.S. Sodhi, J.

1. On August 5, 1978, Vishva Priya deceased--a 10-years' old boy, was killed when the Haryana Roadways Bus. No. HYA-2359 came and hit into the cycle of his father, on the carrier of which he was sitting at that time.

2. It was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of the bus-driver. No compensation was, however, awarded to the parents of Vishva Priya deceased, as it was held that the deceased had no earning capacity. This denotes an apparent error in the approach of the Tribunal. The Supreme Court in C.K. Subramania Iyer and Ors. v. T. Kunhi Kuttan Nair and Ors. 1970 A.C.J. 110 while dealing with the claim for compensation arising from the death of an eight-years' old son observed;'...As a general rule parents are entitled to recover the present cash value of the prospective service of the deceased minor child. In addition they may receive compensation for loss of pecuniary benefits reasonably to be expected after the child attains majority...' Considered in this light, there can be no manner of doubt that the parents of deceased were indeed entitled to compensation and no exception can be taken to the award to them of the amount claimed which was only Rs. 10,000/-. It may be mentioned in this behalf that the father of the deceased was a school teacher and it has also come in evidence that the deceased was a student studying in V-Class at the time of his death. This being the situation of the claimants and the deceased, there was no ground to deny compensation to them.

3. The claimants are hereby awarded a sum of Rs. 10,000/- (Rs. Ten thousand only), as compensation which they shall be entitled 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. The respondents shall be jointly and severally liable for payment of the amount awarded. This < appeal is accordingly accepted with costs. Counsel fee Rs. 300/-.


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