SURAJ PARKASH Vs. RAM NATH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being to parents, brothers and sister of Narain Kumar deceased, who was killed when the Truck HRA 9682 coming from the opposite direction hit into his cycle. This happened on November 15, 1977, on the Zirakpur Panchkula road.

(2.) IT was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 15,300/- was awarded as compensation.

(3.) TAKING an overall view of the circumstances of the claimants and the deceased in the context of the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 PLR 1, it would be fair and just to assess the compensation payable to the claimants, i.e., the parents at Rs. 30,000/-. The compensation payable to them is accordingly hereby enhanced to that sum. They shall, in addition, be (sic) to interest thereon at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded. It may be clarified that keeping in view the judgment of the Full Bench in FAO 135 of 1980 Parkash Chand v. Pal Singh etc decided on May 7, 1985, no compensation would be payable in this case to the brothers and sister of the deceased. The entire compensation would thus be payable to the parents alone.