B D GUPTA Vs. R RANI MANORANJITHAM

JUDGEMENT

(1.) The appellants are the unfortunate parents who suffered an irreparable loss in the death of their young son Dr. Vikrant Gupta. He was 23 years old and had just graduated in Medicine and Surgery. He was undergoing internship. He met his end in a lorry accident. The death was instantaneous. The appellants filed a claim petition under section 166 of the Motor Vehicles Act, 1988. The Tribunal has assessed and awarded a total amount of Rs. 2,70,000. The appellants complain that compensation is too meagre. Hence this appeal.

(2.) The facts may be briefly noticed. On the night intervening 21/22.4.1995, Vikrant Gupta was travelling to Pondi- cherry in the lorry No. TCG 2400. Near Chengalpattu, the lorry hit a stationary truck No. PY-01-0477 which was parked on the wrong side of the road without any light or indication. Vikrant Gupta sustained multiple injuries and died. His postmortem was performed at the Medical College, Chengalpattu. An FIR Exh. P-5 was also recorded.

(3.) The father of the deceased was at Chandigarh. He had retired as Professor and Head of the Department of Radiotherapy, Post Graduate Institute of Medical Education and Research, Chandigarh, in the year 1994. On 22.4.1995, he was to leave for Mangolia. His ticket was already booked. However, on receipt of the telegram, he had flown to Madras and then reached Chengalpattu. He got the body embalmed. It was carried to Delhi by air and then to Chandigarh in an ambulance. The last rites were performed at Chandigarh.