UNION OF INDIA Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) One Thakur Das aged 23, who was going an a cycle was Struck by a truck, regligently driven by Hira Singh. He fell down by the impact and died soon after. He left behind a young widow (21), a son (8 months) and a mother (70). They filed claim for Rs. 40,000.00, but were awarded Rs. 12,952.00 only. The tribunal took the view that the window is young and she may re-marry and her dependency was considered for 5 years. Both parties appealed to High Court. (After giving above facts and discussing evidence about regligence, judgement proceeds).

(2.) Mr. Arun Kumar on behalf of claimants has argued that award made by the Tribunal is inordinately low. He has submitted that the tribunal was in error in granting compensation to the widow only for a period of five years. The finding that there are fair chances of remarriage, he says, is without any basis.

(3.) The accident happened in 1955, The tribunal made the award in 1967. After the award of the tribunal another 8 years have passed. I enquired from the counsel if the widow had remarried. He said that she has not remarried till today. She has now filed an affidavit saying that she has not remarried and that she is maintaining her only child. Furthermore it is stated in the affidavit that the mother Phulan Devi is still alive and is getting on in years. On the basis of this affidavit it is contended by the counsel that the amounts awarded to the three representatives are a pittance. It was also said that this court will now be entitled to take into account the inflationary trend of prices and the steadily declining value of the rupee.