NAND KISHORE VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) ENHANCEMENT in this appeal is claimed of compensation awarded for the death of a child, aged 9 years, in a motor accident. The claimants are his father and minor sister. Admittedly, the mother of the child was also a claimant who died during the trial of the claim. She died, it is submitted, being overtaken by excessive grief, unable to withstand the emotional stress due to death of her only son.

(2.) THE Tribunal has made an award of Rs. 29,000/- in all and in this appeal the claimants have laid a tall claim for Rs. 7,52,000/-. We do not think that is justified but to some enhancement certainly the appellants are entitled and the claim to that extent is allowed for reasons to follow hereinafter.

(3.) MR . Mittal had tried to agitate that point but we told him that we would not undertake the misadventure to move into the prohibited field. In any case, we may still express the opinion that very rightly the Tribunal has held that the child died due to negligence of the driver. Indeed, it is not disputed by Mr. Mittal that while the vehicle was being reversed the accident happened. Evidently, the care which the driver was to take in reversing the vehicle has been found wanting by the Tribunal and we endorse that finding.