VED PARKASH Vs. MAJOR SINGH

JUDGEMENT

(1.) It has been brought to my notice that on December 19, 1988, an order of payment of compensation of Rs. 7,500/- was passed treating the claimant to be the brother of the deceased. In fact it is the father and mother who are the claimants. So the error has crept in on the face of the order. In view of this order dated December 19, 1988, is recalled.

(2.) The counsel for the applicants submits that in view of Section 92-A of the Motor Vehicles Act, the minimum compensation payable to the claimants is Rs. 15,000/- though apparently the Tribunal has awarded Rs. 7,500/- as the compensation which is even less than the statutory compensation. The counsel for the applicants relies on Basant Rani v. Ram Singh, 1985 88 PunLR 64688 wherein S.S. Kang, J. has observed "Section 92-A contains a beneficial provision intended to provide immediate succour to the dependents of the deceased or the victim of an automobile accident, who had been permanently disabled, without going to the question as to who was actually responsible for the accident which resulted in the death or injury to the "disabled person". It is further observed, "In the absence of any specific and positive bar in the statute, the provisions of Section 92-A have to be given a very wide interpretation and allowed a free play so as to help the maximum number of persons entitled to benefits conferred by it." I am fully in agreement with the observation of the learned Judge. The claimants are entitled to the compensation under Section 92-A without going into the question as to who was actually responsible for the accident. Keeping the facts and circumstances of the case in view, the respondents are directed to pay Rs. 15,000/- to the claimants-appellant. It is stated that Rs. 7,500/- have already been paid. If that is so, the balance amount of Rs. 7,500/- shall be paid within three months from today.