Skip to content


Raghubir Singh Chaudhary and anr. Vs. State of Haryana and anr. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in1(1985)ACC136
AppellantRaghubir Singh Chaudhary and anr.
RespondentState of Haryana and anr.
Cases ReferredLachhman Singh v. Gurmit Kaur
Excerpt:
.....accordance with law - gurmit kaur 1979 plr 1, 16 would clearly be the appropriate multiplier to be adopted here and it would be reasonable to take the loss to the claimants at not less than rs......enhanced compensation for the loss suffered by them on account of the death of their son ravinder singh chaudhary, a young cadet at the national defence academy, kharakwasla.2. on july 10, 1976, ravinder singh chaudhary deceased was involved in an accident with the haryana roadways bus hrr 2496 at murthal. as a result of the injuries sustained by him in this accident, he died on july 16, 1976.3. it was the finding of the tribunal that the accident here had been caused entirely due to the rash and negligent driving of the bus driver. a sum of rs. 24,600/- was awarded as compensation to the parents of ravinder singh chaudhary, deceased.4. ravinder singh chaudhary was about 18 years of age at the time of his death. as has been mentioned earlier, he was a cadet at the national defence.....
Judgment:

S.S. Sodhi, J.

1. The appeal here is by the parents seeking enhanced compensation for the loss suffered by them on account of the death of their son Ravinder Singh Chaudhary, a young cadet at the National Defence Academy, Kharakwasla.

2. On July 10, 1976, Ravinder Singh Chaudhary deceased was involved in an accident with the Haryana Roadways Bus HRR 2496 at Murthal. As a result of the injuries sustained by him in this accident, he died on July 16, 1976.

3. It was the finding of the Tribunal that the accident here had been caused entirely due to the rash and negligent driving of the bus driver. A sum of Rs. 24,600/- was awarded as compensation to the parents of Ravinder Singh Chaudhary, deceased.

4. Ravinder Singh Chaudhary was about 18 years of age at the time of his death. As has been mentioned earlier, he was a cadet at the National Defence Academy, Kharakwasla. He was training there to become a Pilot Officer and would have completed his training in another month or so. It has come in evidence that on completion of his training, he would have got a starting salary of Rs. 800/- per month with a flight allowance of Rs. 250/-per month. In the years to come, there was every likelihood of his getting further promotions and with it higher emoluments too.

5. The claimants here are the parents of the deceased, the father being 47 years of age and the mother 44 years old when the deceased died. Parents do indeed have a reasonable expectation of financial support from their earning children, particularly in old age. Considering therefore, the circumstances of the claimants and the deceased in the context of the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 PLR 1, 16 would clearly be the appropriate multiplier to be adopted here and it would be reasonable to take the loss to the claimants at not less than Rs. 3000/- per annum. So computed, the compensation would work out to Rs. 48,000/-which may be rounded off to Rs. 50,000/-.

6. The compensation payable to the claimants is consequently hereby enchanced to Rs. 50,000/- 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 payment of the amount awarded.

7. This appeal is consequently accepted with costs. Counsel's fee Rs. 300/-.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //