NEW INDIA ASSURANCE CO LTD Vs. KIRPAL SINGH

JUDGEMENT

(1.) THE challenge here is to the Award of Rs. 18,000/- as compensation to Kirpal Singh the brother of Bhag Singh deceased, who was killed when the motor-cycle, he was travelling on, was involved in an accident with the car CH-6954 coming from the opposite direction. This happened at about 9. 30 P. M. on January 13, 1980 on the Kirtapur-Bharatgarh Road. It was the finding of the Tribunal that the accident had been caused due to the negligence of the car driver.

(2.) IT will be seen that the claim for compensation here is founded upon the assertion that the claimant-Kirpal Singh was dependant upon his brother-Bhag Singh deceased. No such claim can indeed be sustained in view of the law as settled by the Full Bench of our Court in Parkash Chand v. Pal Singh, (1985-1) 87 P. L. R. 538. It may be mentioned here that there is no claim nor indeed any evidence to show that the estate of the deceased suffered any loss on account of the death of the deceased, in this accident. This being so, the compensation to the claimant-Kirpal Singh cannot be sustained and is thus to be set aside.

(3.) THIS appeal is accordingly hereby accepted. In the circumstances, however, there will be no order as to costs.