KULDIP DARSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON August 5, 1978, Vishva Priya deceased--a 10-years' old boy, was killed when the Haryana Roadways Bus. No. HYA-2359 came and hit into the cycle of his father, on the carrier of which he was sitting at that time.

(2.) IT was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of the bus-driver. No compensation was, however, awarded to the parents of Vishva Priya deceased, as it was held that the deceased had no earning capacity. This denotes an apparent error in the approach of the Tribunal. The Supreme Court in C.K. Subramania Iyer and Ors. v. T. Kunhi Kuttan Nair and Ors. 1970 A.C.J. 110 while dealing with the claim for compensation arising from the death of an eight-years' old son observed;"..As a general rule parents are entitled to recover the present cash value of the prospective service of the deceased minor child. In addition they may receive compensation for loss of pecuniary benefits reasonably to be expected after the child attains majority.." Considered in this light, there can be no manner of doubt that the parents of deceased were indeed entitled to compensation and no exception can be taken to the award to them of the amount claimed which was only Rs. 10,000/-. It may be mentioned in this behalf that the father of the deceased was a school teacher and it has also come in evidence that the deceased was a student studying in V-Class at the time of his death. This being the situation of the claimants and the deceased, there was no ground to deny compensation to them.