KISHAN DEVI Vs. SULTAN SINGH SIKHWALTL

JUDGEMENT

(1.) NO occasion is provided here for the award of any enhanced compensation to the legal representatives of the deceased claimant Kishan Devi, the mother of Pritam Singh deceased, who was killed on December, 9, 1981 near Daruhera on Jaipur-Delhi road when his bicycle was involved in an accident with the truck DHL 1318. Holding that this accident had been caused entirely due to rash and negligent driving of the truck driver, a sum of Rs. 18,000/- was awarded as compensation to Smt. Kishan Devi mother of the deceased.

(2.) IT has come on record that the claimant Kishan Devi died on November, 30, 1985. This claim application is now being pursued by her legal representatives which includes her unmarried daughter.

(3.) A half-hearted attempt was made by counsel for the appellants to seek compensation for the unmarried sister of the deceased on the ground that she had no other source of income left, now that her mother too had died. No such claim can be countenanced as it is now well settled that in the presence of a mother, a sister is not entitled to the compensation and once compensation is granted to the mother, her subsequent death provides the daughter no fresh cause of action to seek compensation.