KISHORI LAL Vs. RISHI DEV

JUDGEMENT

(1.) ON May 7, 1976 Vinod Kumar, a young student while travelling on a cycle met with an accident with a tempo (HRB-9715). Vinod Kumar sustained serious injuries and on account thereof he was removed to the Medical College, Rohtak where he died on May 12, 1976.

(2.) IT was the finding of the Tribunal that the accident here had been caused by the rash and negligent driving of the driver of the tempo. A sum of Rs. 9,000/- was awarded as compensation to the claimants, they being the parents of Vinod Kumar deceased.

(3.) WHAT emerges from the evidence discussed above is that not only was the deceased a good student, but he was also helping his father in his work. It is no doubt not possible to fix any precise monetory value on the assistance that the deceased was giving to his father nor can it be estimated with certainty how-much amount the deceased would have earned after completing his schooling. Be that as it may, it would indeed be a valid assumption that the loss suffered by the parents of the deceased was atleast to the tune of Rs. 100/- per month. Keeping in view the age of the mother which was only 48 years, the appropriate multiplier to be applied here would clearly be 16. This would be in accord with the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1. So computed the compensation would work out to Rs. 19,200/.