SUKH DAYAL SINGH Vs. JAGDISH CHAND

JUDGEMENT

(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.) THE appeal is allowed. No costs.