J S KAMPANI Vs. TARSEM SINGH

JUDGEMENT

(1.) ON January 29, 1973, at about 9. 40 a. m. , an accident took place between a Fiat Car No. PUP 5599 and a truck No. RSM 4011 near the bypass on the G. T. Road near Rajpura. Rattan Kaur, who was travelling in the said car, received injuries in this accident as a result of which she died later that day.

(2.) SHRI J. S. Kampani, the son of said Rattan Kaur, filed the present application under Section 110a of the M. V. Act, 1939, seeking Rs. 1 lakh as compensation for the loss suffered by him on account of the death of his mother. The Tribunal came to the finding that the accident took place due to the negligence of both the car driver as also the driver of the truck and, consequently, held this to be a case of contributory negligence. As regards the quantum of compensation that the claimant was entitled to, the Tribunal computed the loss suffered by him to be Rs. 3,600 on account of the household duties of the deceased and in addition he was held entitled to Rs. 5,000 as compensation for the loss of love and affection. The total compensation was thus computed at Rs. 8,600. The amount award-ed to the claimant was, however, only "half this amount on the ground that the accident had taken place due to the contributory negligence of both the car driver and the truck driver.

(3.) THE Tribunal was clearly in error in awarding compensation for loss of love and affection on account of the death of the deceased. It is well settled that no compensation is payable under this head.