GREAT INDIAN PENINSULA RAILWAY Vs. RAM ADHIN

JUDGEMENT

(1.) This appeal arises out of a suit which was brought in the Court of the Subordinate Judge of Banda under the provisions of the Fatal Accidents Act XIII of 1855. The plaintiffs in the case were the father, mother, widow and minor child of one Ganpat Lal who was killed on the G.I.P. Railway in a Railway accident on the 10 of May, 1921.

(2.) The plaintiffs claimed Rs. 10,000 damages. The defendant Railway Company put into Court Rs. 4,500 stating that that was an adequate amount of compensation. The Court below after examining witnesses on behalf of the plaintiffs gave a decree for Rs. 10,000. The Subordinate Judge was of opinion that having regard to the circumstances of the family, the earnings of the deceased man, the fact that he was only 23 years of age at the time of his death and his prospects of success in life, the amount claimed was not excessive. Rupees 4,500 having been paid into Court he made an order for payment by the defendant Railway Company of the balance of Rs. 5,500.

(3.) In his judgment the learned Subordinate Judge, as he was bound to do, apportioned the sum of Rs. 10,000 between the various plaintiffs allotting a sum of Rs. 1,000 to the first plaintiff, Ram Adhin, who was the father of deceased.