HOSHIAR SINGH Vs. KARAMBIR SINGH

JUDGEMENT

(1.) ALL these cases are connected arising out of the same accident. They are all for claims to additional compensation over the amounts already assessed by the Tribunal for burn injuries except FAO No. 2983 of 1999 which was a case of death of 6 years old child where the claimants were parents. The accident had taken place on 29.09.1996. The Tribunal had assessed a compensation of Rs. 50,000/ -.

(2.) IN case of death of a minor child, the compensation is not for any contribution made to the family but it shall always depend on the social and economic status of the family and the expectation of the parents of what the child on being adult would have contributed to the family. Considering the fact that the accident had taken place in the year 1996 and also noticing the trend of decisions that allow for love and affection for the parents as the special damages, I believe that appropriate compensation could be Rs. 3.5 lacs as held by the Supreme Court in Lata Wadhwa Vs. State of Bihar : 2001(8) SCC 197. The additional compensation of Rs. 3 lacs shall also attract interest @7.5% from the date of petition till the date of payment.

(3.) THE appeal in FAO No. 2984 of 1999 is for enhancement of claim for compensation for injury to a boy Parveen aged 14 years. He had suffered burnt injuries on account of the fact that there had been a tin of petrol in the bus in which all the children were travelling. When the petrol tin in the bus fell on the battery of the bus it caught fire. It was a gruesome accident the manner in which it had taken place. Dr. Prem, PW1 who had examined the injured Parveen was a member of the Board constituted for assessing the disability suffered by the injured children. His father Hoshiar Singh gave evidence as PW5 that he spent about Rs. 80,000/ - on treatment of his son. He stated however that he did not have all bills to produce that too much expenses incurred. The boy had been admitted in MCH, Rohtak where he had taken treatment for one month. Dr. Sharma gave evidence to the effect that the boy had suffered blackening of face and it was of permanent nature. Ex. PA is the photo of Parveen and the Tribunal observed that there had been only a small blackening on his face and he could not merit compensation anything more than Rs. 10,000/ -. I will reassess the compensation and increase the pain and suffering at Rs. 50,000/ -, loss of amenities for life at Rs. 50,000/ - and loss of prospect of marriage at Rs. 25,000/ -. I would also provide for the heads of claim as attendant charges, special diet and transportation at an amount of Rs. 10,000/ - and make a provision for about Rs. 5,000/ - for medical expenses. The total compensation payable shall be Rs. 1,40,000/ -. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment.