JAMIRUDDIN ANSARI Vs. RACHNA MISRA

JUDGEMENT

(1.) SAGIR Hussain, 9 years' old son of the appellants died in a motor accident on 21st May, 1999. A truck (BHG 8318) loaded with stand dashed the bicycle from back side on which the deceased was a pillion rider along with his elder brother. Both, the deceased and his elder brother sustained injuries in the said accident and were taken to hospital, where Sagir was declared dead. His parents filed title (MV) Suit No. 92 of 1999 under Section 166 of the Motor Vehicles Act, 1988. It was established that the accident took place on account of rash and negligent driving of the truck. The Tribunal assessed a sum of Rs. 50,000/- payable as compensation to the claimants with interest @ 9% per annum from the date of filing of the claim case till 22nd March, 2001, when Rs. 50,000/- was received by them. The minor child had no earning of his own and his parents were not his dependents. So obviously his parents were entitled to compensation only on a lumpsum basis, on consideration of status and financial condition of the family, for loss of future expectancy, love and affection. Though it was claimed in the claim application that deceased child was a student of Class III at the time of accident, but it was not substantiated by evidence at the hearing of the claim case. There was no evidence in respect of status and financial condition of the family brought on the record.

(2.) WE find no reason to interfere with the impugned order and award in this appeal. There is no merit in this appeal. It is dismissed.