LAWS(J&K)-2009-2-5

JAWAHAR LAL BHAT Vs. SUKH CHAIN SINGH

Decided On February 06, 2009
JAWAHAR LAL BHAT Appellant
V/S
SUKH CHAIN SINGH Respondents

JUDGEMENT

(1.) The appellants have lost their only son in a tragic road accident which took place on 5th October, 1998 at Janipur, Jammu. Appellants preferred claim petition before the Motor Accidents Claims Tribunal, Jammu. The Tribunal after hearing the parties and analyzing the evidence produced, awarded a compensation of Rs. 2,72,000/- plus Rs. 5,000/- as funeral charges. The claimants were not satisfied with this award and have challenged the same before this Court.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) The deceased was a student of 3rd year MDBS course and it is revealed from the record that he was brilliant student and came from the respectable middle class family. He was selected for the MBBS course after having successfully qualified the entrance examination. The academic career of the deceased was brilliant. He was expected to do well in the studies and also in his profession. His future prospects were good looking at his academic background. He could have easily procured his employment on the basis of merit. The statement of Dr. A.K. Jad reveals that he would get pay scale of Rs. 8,000-13,500/- per month. The Tribunal has wrongly assessed his income at Rs. 2,000/- per month.