AMRITLAL CHUNILAL KATARIYA Vs. MAHARASHTRA STATE TRANSPORT

JUDGEMENT

(1.) SACHIN , the two years' old son of Amritlal Katariya a practising Advocate of Ahmednagar was killed as be came under S.T. bus bearing No. MHD-904 belonging to opponents 1 and 2 which was being driven by Shaikh Abdul Shaikh Shahji-opponent No. 4 on 28.6.1979. The parents of the child filed a claim petition before the Claims Tribunal. Ahmednagar which awarded damages to the extent of Rs. 4,000/- which the parents consider as inadequate.

(2.) AS the child was only two years' old no arguments have been addressed regarding any contributory negligence though an observation was made by the trial Court that the parents were negligent in allowing the children to play on the roads. According to Amritlal, Sachin was a bright boy and the parents had the resources as well as ambition to educate him so that he qualifies as a doctor or an engineer. Alkan and Amritlal, the parents of the child, say that they were shocked due to the death of their only son.

(3.) PARTLY allowing the appeal, the order of the Tribunal is modified by substituting the figure of Rs. 10,000/- for Rs. 4,000/- occurring in the second line of the operative portion of the order. Rest of the order stands confirmed. No order as to costs in this Court.