HAZARILAL Vs. DHARAM PAL KHANNA

JUDGEMENT

(1.) The sole controverey involved in this appeal against the award dt. 21.7.73 of the Motor Accident Claims Tribunal pertains to the question of compensation. It has arisen from a road accident which took place at Rohtak Road on 1.5.68 at about 2-45 p.m. Ram Karan deceased, was then sitting on the pillion seat of a two-wheeler scooter no. DLQ-1277 driven by Ishwar Singh. Bus no. HRG-420 driven by Dharam Pal Singh respondent no. 1 and operated by the Haryana Roadways and the Haryana State, respondents no. 2 and 3 respectively at that time came from behind at a fast speed and without blowing horn dashed against the scooter and over-ran and killed Ram Karan. Ishwar Singh was also thrown off and received injuries.

(2.) Ram Karan at that time was 17 years old and was a student of 10th class. His father Hazari Lal was an agriculturist, and according to him Ram Karan used to help him in the agriculture operation. A claim for compensation for Rs. 50,000.00 was filed by Ram Karan's father aged about 50 years and mother Risalo, 45 years under the Motor Vehicles Act. This however was allowed by the Tribunal to the extent of Rs. 10,000.00 only. It was held that the death of Ram Karan and injuries received by Ishwar Singh were the result of rash and negligent driving of the bus by Dharam Pal Singh, driver. Compensation allowed to Ishwar Singh was of Rs. 1600.00 only

(3.) So far as the finding of the Tribunal that the accident was caused by the rash and negligent driving by the bus driver, the same has not been disputed in this appeal. That part of the controversy is, therefore no longer open. Hazarilal and Risalo appellants, however, have pleaded that the amount of Rs. 10,000.00 allowed as compensation to them on the death of Ram Karan was too inadequate and the same should be enhanced to Rs. 30,000.00. A number of decisions have been cited from both the sides in which various amounts of compensation ranging from Rs 10,000.00 to Rs 24,600.00 were allowed by different courts. The respondent placed reliance on Mrs. Savitri Devi Vs. Malerkotla Bus Service 1969. ACJ. 173 and Hari Chand Vs. U.O.I. 1071. ACJ. 475 in which compensation were restricted to Rs 10,000.00 and Rs. 2.000.00 respectively, the deceased being 17 and 18 years old. The accident in these cases took place considerable time back. There is no gainsaying that the value of rupee since then has considerably fallen, its purchasing power has substantially dwindled. Therefore what was considered as reasonable compensation for an accident which took place in 1960 would hardly provide a fair guide to an accident taking place a decade later.