RUPINDER SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) The claimant Rupinder Singh was taking his young nieces Simrat Jot and Mandeep Jot to School when the truck DHG-3417 coming from the opposite direction hit into his scooter. In the resultant accident both the children were killed while Rupinder Singh sustained injuries. It was the finding of the Tribunal that this accident had been caused entirely due to the rash and negligent driving of the truck-driver. A sum of Rs. 3,000/- was awarded as compensation to Rupinder Singh for the injuries caused to him. No compensation was, however, awarded to the parents of the two young girls, as it was held that it had not been shown that they had suffered any pecuniary loss on account of the death of their children. Herein lies the challenge in appeal, including a claim for enhanced compensation in the case of claimant Rupinder Singh.

(2.) The material on record would show that when on the date of the accident. Rupinder Singh was examined by P.W. 4 Dr. Parmodh Kumar Kohli of the Post Graduate Institute, Chandigarh, he was found to have six injuries on his person. These being :-

(3.) Next to note is the certificate exhibit P 5 issued by Dr. K. K. Mahajan, who operated upon Rupinder Singh during his stay in the hospital. According to this Certificate, the operation revealed a perforation in the duodenal and free blood in the peritoneal cavity. The perforation was over-sewn. There were no other internal injuries. According to the certificate, Rupinder Singh remained admitted in the hospital from Nov. 25, 1978 to Dec. 8, 1978.