Sukh Dayal Singh And Ors. vs Jagdish Chand And Ors.
1991 Latest Caselaw 566 Del

Citation : 1991 Latest Caselaw 566 Del
Judgement Date : 21 August, 1991

Delhi High Court

Sukh Dayal Singh And Ors. vs Jagdish Chand And Ors. on 21 August, 1991

Equivalent citations: 1 (1992) ACC 98

Author: S Wad

Bench: S Wad

JUDGMENT

S.B. Wad, J.

1. In an accident caused by Tempo Number DLL 7020, Rishpal Singh, aged 8 years, was killed on 25.3.1974. The petition for compensation was filed by the father, the mother and the sisters of the deceased. They had claimed Rs. 70,000/- as compensation. The learned Judge of the Motor Accidents Claims Tribunal, relying on some Indian and English decisions held that Rs. 8,000/- is the proper compensation. The present appeal is filed for the enhancement of compensation. There is no cross-appeal, therefore, the fact of accident and the death caused due to the accident are beyond challenge. The only question to be decided in this appeal is as to what is the proper compensation.

2. In J.C. Kapoor and Anr. v. Delhi Cloth and General Mills Ltd. and Ors. 1988 (2) ACJ 1096 I had considered all aspects of the proper and just compensation in cases where the victims of the accident are very young children. In that case also the victim was also an 8 year old child and I had awarded Rs. 20,000/- as the compensation. Apart from the factor of mental pain and agony casual to the family, the future prospects of the child's development and eventually support to the family are to be necessarily considered while deciding the amount of compensation.

3. Having examined the evidence on record and considering all aspects of the matter. I feel that Rs. 20,000 is the proper and just compensation in this case and I make the award accordingly. The appellants would also be entitled to simple interest @ 9% per annum from the date of the petition was preferred, i.e. 20.9.74, till the date of payment. The respondent Insurance Company would be entitled to the credit for the amount of Rs. 8,000/- already paid by them. The respondent Insurance Company is directed to pay the additional compensation of Rs. 12,000/- together with the interest as directed within two months from today. A cheque for the said amount shall be deposited by the Insurance Company with the Registrar of this Court. The appellants are at liberty to withdraw the said amount without any security.

4. The appeal is allowed. No costs.