BHAGWAN DASS Vs. ANAND PAL

JUDGEMENT

(1.) The claim here is by the husband and children of Smt. Shanti Devi, deceased, who was killed in an accident with a tractor on Sept. 11, 1976. This happened at Hansi. It is said that the deceased was run over and killed by a tractor coming from the opposite direction, which came on to the wrong side of the road and knocked her down. It was the finding of the Tribunal that this accident had been caused by the rash and negligent driving of the driver of the tractor. A sum of Rs. 6000/- was awarded as compensation to the claimants. Enhancement of compensation is the claim in appeal.

(2.) The pecuniary loss that a husband and children usually suffer in such a case comprises the loss of services that the deceased provided to them gratuitously. The measure of this loss being the cost of replacing these services.

(3.) In dealing with the matter relating to the claim for compensation arising from the death of the wile the Pi vision Bench of the High Court of Gujrat in Khodabhai Bhagwanbhai v. Hirji Tapu, 1980 ACJ 237, referred to Kemp and Kemp on Quantum of Damages, Volume I where the various heads of pecuniary loss which could arise for the husband on the death of his wife were catalogued. These being :-