C K SUBRAMANIA IYER Vs. T KUNHIKUTTAN NAIR

JUDGEMENT

(1.) The question for decision in this appeal by certificate is short but important and that question is what are the principles governing the assessment of damages under Section 1-A and 2 of the Fatal Accidents Act (Act XIII of 1855) (to be hereinafter referred to as the Act)

(2.) One Krishnamoorthy son of plaintiffs 1 and 2 aged about 8 years was hit by a bus owned by the 1st defendant (who died during the pendency of this suit) and driven by the second defendant on February 26, 1956. As a result of that accident Krishnamoorthy sustained very serve injuries. He became unconscious almost immediately after the accident and died in the hospital on the early morning of February 28, 1956. Krishnamoorthy was the eldest son of plaintiffs 1 and 2. Both the Courts have come to the conclusion that he was a bright boy and was at the top of his class in his school. At the time of his death he was in Standard III. His parents are affluent. They could have afforded to give him good education. Hence there was a bright future for him. The plaintiffs claimed a sum of Rs. 30,000/- as damages under Secs. 1A and 2 of the Act. The District Judge computed the damages under Sections 1A and 2 at Rs. 5,000/-. In appeal the High Court determined the damages under Section 1A at Rs. 5,000/- and under Section 2 at Rs. 1,000/-. Aggrieved by that decision, the plaintiffs have brought this appeal.

(3.) We shall first read Section 1A and 2 for the purpose of ascertaining the principles governing the assessment of the damages under those sections. Section 1A reads: