DEEP CHAND Vs. PROMSD KUMAR TYAGI

JUDGEMENT

(1.) BY way of this appeal, the appellant seeks to challenge the impugned Award mainly on the ground that the Tribunal has not considered the future prospects of the deceased, who was brilliant student and in the near future would have progressed in his life. The appellant also averred that the tribunal has awarded a nominal amount for funeral expenses and loss of love ad affection i. e. Rs. 10,000/- each besides thatthetribunal has also awarded an interest at a quite lower rate i. e. 5. 5% per annum from the date of the filing of the petition.

(2.) THE brief facts of the case relevant for present appeal are that on 23-10-1995 at about 8. 45 p. m. the deceased aged about 13 years was playing with the crackers in front of his house at Sawan Park Road, Ashok Vihar, delhi, when respondent No. 1 driving the truck in most negligent and rash manner camefrom Sunder Lal Jain Hospitals direction and rammed the front tyre of the truck into the deceased and crushed the deceased. When the deceased was rushed to the hospital, he was declared 'brought dead' by the hospital authorities. A claim petition was filed by the present appellants on 1-2-1996 and award was passed on 16-5-2006. Aggrieved with the said award present appeal is preferred by the appellants/claimants.

(3.) I have heard learned Counsel for the parties. Mr. Yogendra Gautam, Counsel appearing for the appellant contends that the progress report of 4th, 6th and 7th standard of the deceased was placed on record and even the certificate certifying the grant of meritorious scholarship in 6th standard was duly proved on record as Ex. P. W. 1/9, but still the Tribunal has not taken into account the aspect of future growth and progress of the deceased. The Counsel also contends that a bare and minimum Award towards loss of love and affection in a sum of Rs. 10,000/-has been granted by the Tribunal and similarly a lessor amount of Rs. 10,000/- has been awarded for funeral expenses. Counsel also contends that grant of interest @ 5. 5% is on the lower side and the same has also not been awarded as perthe recent judgments of this Court as well as of the Hon'ble Supreme court of India.