MOHINDER KAUR Vs. RANI

JUDGEMENT

(1.) MEWA Ram, deceased was killed in an accident when the car in which he was travelling hit against a truck parked on the road side. The Tribunal, holding that the accident here had been caused by the rash and negligent driving of the car driver, awarded a sum of Rs. 60,000/- as compensation to the claimants, they being the parents, widow and children of deceased. Included in the amount awarded was a sum of Rs. 4000/- awarded to the parents and Rs. 8000/-to the widow and children of the deceased for loss of love and affection on account of the death of the deceased. The challenge in the appeal filed by the owner of the car, involved in the accident, was to this post of the award of compensation to the claimants.

(2.) IT is now settled by the Full Bench of this Court in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1, that no amount can be awarded for loss of love and affection and there is consequently no escape from the conclusion that the Tribunal erred in awarding this sum of Rs. 12,000/- as compensation to the claimants.

(3.) IN dealing with this contention, it must be noted that no plea was raised by the Insurance Company before the Tribunal with regard to there being any limit to its liability. No such point was at any time urged even before the Tribunal and now even the grounds of appeal this point has not been specifically taken. In these circumstances it would clearly be contrary to the interests of justice to allow this point to be raised for the first time in appeal.