NASEEM SULTANA Vs. DEPOT MANAGER, APSRTC

JUDGEMENT

(1.) The only question that arises for consideration in this Letters Patent Appeal is whether the single Judge is justified in not awarding any compensation to the children for loss of love and affection from their deceased father.

(2.) Admittedly, the trial Court awarded an amount of Rs. 7,000/-, for loss of love and affection to the appellants from their deceased father. But, unfortunately, the learned single Judge while holding that since the deceased died instantaneously, the compensation under the head of love and affection cannot be granted. Though awarding of compensation for pain and suffering will not be there if the deceased dies instantaneously, as the children of the deceased are deprived of love and affection from their deceased father in an unforeseen circumstance, are entitled to receive compensation. Hence, the children have to be compensated for loss of love and affection.

(3.) Accordingly, the judgment of the learned single Judge is set aside and the order of the trial court insofar as granted of compensation of Rs. 7,000/- towards loss of love and affection is restored.