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Kishori Lal and anr. Vs. Rishi Dev and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inII(1984)ACC129
AppellantKishori Lal and anr.
RespondentRishi Dev and ors.
Cases ReferredLachhman Singh v. Gurmit Kaur
Excerpt:
.....matters, heavy onus would like on petitioner bidder to establish his allegations as state action shall always be presumed to be in accordance with law - 6 ramesh chander who deposed that the deceased was a good student. 4. what emerges from the evidence discussed above is that not only was the deceased a good student, but he was also helping his father in his work. keeping in view the age of the mother which was only 48 years, the appropriate multiplier to be applied here would clearly be 16. this would be in accord with the principles laid down by the full bench in lachhman singh v......kumar, a young student while travelling on a cycle met with an accident with a tempo (hrb-9715). vinod kumar sustained serious injuries and on account thereof he was removed to the medical college, rohtak where he died on may 12, 1976.2. it was the finding of the tribunal that the accident here had been caused by the rash and negligent driving of the driver of the tempo. a sum of rs. 9,000/- was awarded as compensation to the claimants, they being the parents of vinod kumar deceased.3. the claim in appeal is for enhancement of compensation. a reference to the evidence on record would show that vinod kumar, deceased, was a student of xth class at the time of this accident. his parents at that time were 58 and 48 years old respectively. the father of the deceased, kishori lal who.....
Judgment:

S.S. Sodhi, J.

1. On May 7, 1976 Vinod Kumar, a young student while travelling on a cycle met with an accident with a tempo (HRB-9715). Vinod Kumar sustained serious injuries and on account thereof he was removed to the Medical College, Rohtak where he died on May 12, 1976.

2. It was the finding of the Tribunal that the accident here had been caused by the rash and negligent driving of the driver of the tempo. A sum of Rs. 9,000/- was awarded as compensation to the claimants, they being the parents of Vinod Kumar deceased.

3. The claim in appeal is for enhancement of compensation. A reference to the evidence on record would show that Vinod Kumar, deceased, was a student of Xth class at the time of this accident. His parents at that time were 58 and 48 years old respectively. The father of the deceased, Kishori Lal who appeared as P.W. 9 deposed that he was a railway broker and his earning as such were Rs. 600/- per month. He further stated that the deceased used to help him in his work before and after school hours and now as a result of the deceased having died, his income had dropped to Rs. 300/-. P.W. 7 Hari Mohan, the Chief Goods Clerk at the Railway Station corroborated Kishori Lal by deposing that he had seen the deceased working with his father. There is then the testimony of P.W. 6 Ramesh Chander who deposed that the deceased was a good student.

4. What emerges from the evidence discussed above is that not only was the deceased a good student, but he was also helping his father in his work. It is no doubt not possible to fix any precise monetory value on the assistance that the deceased was giving to his father nor can it be estimated with certainty how-much amount the deceased would have earned after completing his schooling. Be that as it may, it would indeed be a valid assumption that the loss suffered by the parents of the deceased was atleast to the tune of Rs. 100/- per month. Keeping in view the age of the mother which was only 48 years, the appropriate multiplier to be applied here would clearly be 16. This would be in accord with the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1. So computed the compensation would work out to Rs. 19,200/.

5. There is in addition a further amount payable to the claimants namely on account of the medical expenses which they undoubtedly incurred upon the deceased in taking him to Rohtak from Hissar and also his treatment in the hospital at Rohtak. No exception can be taken here to the Award of Rs. 2000/- to the claimants on account.

6. The amount claimed in this case being only Rs. 20,000/- the claimants must indeed be held entitled to this sum as compensation. Accordingly the compensation awarded to the claimants (the parents of the deceased) is hereby enhanced to Rs. 20,000/- 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.

7. This appeal is accordingly accepted with costs. Counsel fee Rs. 300/-.


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