RASHID HUSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the Court:-This is an appeal under section 110-D of the Motor Vehicles Act on behalf of the claimants arising out of an order dated 23-12-1976 passed by the U. P. Motor Accidents Claim Tribunal (II Additional District Judge, Allahabad) awarding a sum of Rs. 1280/- only as compensation.

(2.) THE brief facts of the case are that one Tanzim Rashid, aged about 5 years, died on account of the injuries sustained by him in the accident caused by the rash and negligent driving of Ambassador Car No. XB 34024, belonging to the Air Force under the Union of India. THE occurrence is said to have taken place on 3-2-1975 at about 9 A. M. in Begum Bazar, Allahabad. It is alleged that the driver negligently and rashly, without blowing the horn dashed the vehicle against the child who died on account of the injuries sustained in the accident.

(3.) THE second item on which compensation has to be considered is mental shock suffered by the parents. This aspect of the case has been very curiously dealt with by the Court below. Taking into account Rs. 320/- per month as the income of the father it has been multiplied by four and thus a sum of Rs. 1280/- has been awarded as compensation on account of mental shock. This computation is plainly erroneous. THE mental shock suffered by the parents on the loss of their child, irrespective of their status, is collossal. Hence, the sum of Rs. 1280/- awarded on this count appears to us gross inadequate. We are of the opinion that a sum of Rs. 5000/-as compensation on the ground of mental shock would meet the ends of justice.