TARA CHAND Vs. MAJOR SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being the parents of Ram Avtar, deceased, who was killed when, while standing on the roadside, he was run over by the truck PJO 6017. This happened on the Dadri-Mohindergarh Road, on August 14, 1982. The Tribunal, after holding that the accident had been caused entirely due to the rash and negligent driving of the truck driver, awarded a sum of Rs. 5,000/- as compensation to the parents.

(2.) IT is now well settled as held by the Supreme Court in C. K. Subramania Iyer v. T. Kunhi Kuttan Nair 1970 ACJ 110 (SC), that parents are entitled to recover the present cash value of the prospective service of their deceased minor children and in addition, they are also entitled to compensation for loss of pecuniary benefits reasonably to be expected after the child attains majority.

(3.) RECENTLY, a Full Bench of our court in Bimla Devi v. National Insurance Co. Ltd. 1988 ACJ 981 (Pandh), had occasion to consider the award of compensation to parents, for the death of the minor child. In dealing with this matter, the court observed as under: The jurisdiction of the Tribunal under the Motor Vehicles Act to award just compensation is very wide and comprehensive. However, the element of speculation cannot be ruled out. The determination of compensation would turn upon the particular facts of each case, viz. , family environments, the members of the family, the health, the age of the victim, his outlook in life, the interest which the parents were taking in the child and the totality of circumstances tending to show whether the victim had a predominantly happy life or a life of misery or an insipid life. Apart from this, it has also to be taken into consideration whether the child was subject to risks of illness, disease, accident and death. His education and upkeep would have been a substantial burden to the parents for many years if he had lived. He might or might not have turned out a useful youngman. He would have earned nothing till about the age of 16 years. He might not have aided his father at all. He might have proved a mere expense. We cannot adequately speculate one way or the other.