SHANTI DEVI Vs. BRIJ MOHAN

JUDGEMENT

(1.) CLAIMANTS have filed this appeal against the Claims Tribunal's award dated 12. 9. 1984 whereby an amount of Rs. 22,000/- has been awarded to the claimant-appellants for the vehicular death of their son, a young boy aged 16/17 years, student of 10th Class in D. A. V. High School, Gurgaon.

(2.) SUCCINCTLY fact of the case are that claimants Smt. Shanti Devi and Surya Mani are parents and remaining claimants arc brothers and sisters of deceased Naresh Mani, who died in the vehicular accident dated 28. 10. 1983. Claimants pleaded that at the time of accident, the deceased was coming back to his house on bicycle. Near Sainik Rest House at T point for taking a turn the deceased went towards his right side. At that point of time, the offending bus No. HRU-2505 of Haryana Roadways owned by respondent No. 3 and driven by respondent No. 1-Brij Mohan came from the side of Gurudawara and rammed into the cyclist. The deceased fell down and was crushed under its wheels. The claimants averred that the deceased was a promising lad enjoying an excellent health with bright future prospects and had the earning capacity of Rs. 600/- per month at the time of his death. Due to his abrupt and sudden death, claimants have suffered a huge pecuniary loss. They claimed Rs. 40,000/- as compensation.

(3.) ON issues being framed, parties adduced their evidence. The learned tribunal after scanning the evidence minutely decided issue No. 1 in favour of the Claimants and held that respondent No. 1 driver was driving the said vehicle rashly and negligently and thus, he was responsible for this accident. While deciding issue No. 2, the learned tribunal admitted that the deceased was aged 17 years, a student of Xth class; he was a promising child was enjoying good health, but relying on Hazari Lal v. Dharam Pal Singh, (1982)84 P. L. R. 32, the learned tribunal awarded only Rs. 22,000/- as compensation. Earlier Rs. 15,000/- were awarded on account of 'no fault liability. ' Thus, deducting this amount, claimants were held entitled to recover Rs. 7000/- more as compensation.