STATE OF GUJARAT Vs. AHMEDABAD REHMANBHAI A JUNEJA

JUDGEMENT

(1.) By this civil application prayer has been made for condonation of delay of 18 days caused in filing of the first appeal against judgment and decree dated 12.3.1997, passed by the 3rd Joint Civil Judge (S.D.), Ainrcli in Special Civil Suit No. 22 of 1993, under which decree has been passed in favour of the plaintiff-respondent for Rs. 70,000/- with interest at the rate of 12% from the date of the suit till payment thereof. This amount has been awarded as compensation to the claimants for loss of life of their son in an accident caused by the bullet of police constable, an employee of the State of Gujarat. To consider this application for condonation of delay in filing delay, I consider it to be proper to go into the merits of the appeal also.

(2.) It is not in dispute that the son of respondents No. 1 and 2, namely, Abraham has died of a bullet shot on 8.7.1990. Details of the accident is not to be given for the reason that the learned counsel for the appellant has not disputed that the death is caused as a result of the accident caused due to negligence of an employee of the State Government. The main plank of argument of the learned counsel for the appellant is on the amount of compensation awarded for the loss of life of son of the plaintiffs No. 1 and 2. The plaintiffs-respondents has claimed in the suit Rs. 80,000/- as future loss of income of their son; Rs. 20,0007- towards mental shock Rs. 20,000/- as loss of life of their son and Rs. 10,000/- as loss of service of their son, totalling Rs. 1,30,000/-, but the plaintiffs restricted their claim in the suit to Rs. 1,00,000/- only.

(3.) In the Trial Court contention has been raised by the counsel who appeared for the plaintiffs No. 1 and 2 that in case their son would have died in motor vehicle accident, they would have been awarded Rs. 1,60,000/- as compensation, and he insisted for assessing the compensation in the suit on the said basis. However, the Trial Court has, relying on the decision of this Court in the case of Gujarat Iron and Steel Co. Ltd. vs. State of Gujarat, reported in AIR 1996 Guj. P. 131 observed that this Court had awarded Rs. 80,000/- to the claimants therein under the head future economic loss for their child aged 7 years. Applying that principle the Court has held that Rs. 30.000/- which has been paid by the appellant herein to the claimants respondents No. 1 and 2 cannot be said to be adequate amount. That amount of Rs. 30,000/- appears to have been accepted by the claimants under protest. The Trial Court has considered Rs. 80,000/- as reasonable amount of compensation to be awarded to the claimants-respondents under the head 'future loss of income'. Under the head 'mental shock' the Tribunal awarded Rs. 10,000/- and Rs. 10,000/- was awarded for the loss of life of their son. So the total amount of compensation assessed is Rs. 1 lac. After giving deduction of Rs. 30,000/- which has been paid by the appellant to plaintiffs-respondents No. 1 and 2, Rs. 70,000/- has been awarded with interest at the rate of 12% per annum from the date of the suit till realisation.