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Pepsu Road Transport Corporation Vs. Gurnam Singh (Minor) and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inII(1984)ACC180
AppellantPepsu Road Transport Corporation
RespondentGurnam Singh (Minor) and ors.
Excerpt:
.....that no amount can be awarded as compensation for loss of love and affection but this does not warrant any reduction in the sum awarded as it will be seen that darshan singh deceased was employed at a salary of rs......who was killed in a motor accident on the ludhiana-jullundur road on 2nd august, 1975.2. darshan singh deceased was going on a cycle on the left side of the road when a bus came from behind and struck against him. there is no material on which could justify any finding other than that recorded by the tribunal, namely, that this was an accident which was entirely due to the rash and negligent driving by the bus driver.3. as regards the amount awarded as compensation what constitutes the main challenge here was the contention that include therein was a sum of rs. 6000/- awarded to the claimants for loss of love, affection and care of the father. the award on this account, it was argued, could not be sustained. it is no doubt correct that no amount can be awarded as compensation for loss.....
Judgment:

S.S. Sodhi, J.

1. The challange in this appeal is to the award of Rs. 20,000/- as compensation to the two minor children of Darshan Singh who was killed in a motor accident on the Ludhiana-Jullundur Road on 2nd August, 1975.

2. Darshan Singh deceased was going on a cycle on the left side of the road when a bus came from behind and struck against him. There is no material on which could justify any finding other than that recorded by the Tribunal, namely, that this was an accident which was entirely due to the rash and negligent driving by the bus driver.

3. As regards the amount awarded as compensation what constitutes the main challenge here was the contention that include therein was a sum of Rs. 6000/- awarded to the claimants for loss of love, affection and care of the father. The award on this account, it was argued, could not be sustained. It is no doubt correct that no amount can be awarded as compensation for loss of love and affection but this does not warrant any reduction in the sum awarded as it will be seen that Darshan Singh deceased was employed at a salary of Rs. 185/- per month. He was only 50 years of age at the time of his death and he died leaving behind his widow and two minor children. Situated as the deceased and the claimants were, it would indeed be reasonable to assume that the deceased must have spent at least Rs. 100/- per month on them. Considering the age of the claimants, the loss could not be computed to be less than the amount award. The award of Rs. 20,000/- as compensation thus affords no occasion for interference in appeal. This appeal is consequently dismissed. There will be no order as to costs.


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