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1990 Supreme(SC) 24

Rukmani Dev – Appellant
Versus
Om Prakash – Respondent


Judgment

KULDIP SINGH, J.

( 1 ) VIRENDER Kumar husband of appellant rukmani Devi died in bus accident on June 14,1970. Apart from the widow he left behind three children aged 9 years, 6 years and 3 years. Rs. 1,25,000. 00 only was claimed as compensation which was awarded by the learned Second Additional District Judge, muzaffarnagar acting as Motor Accidents claims Tribunal. On appeal the High Court observed that even after the death of Virender kumar his partnership business is continued by the family members, having Avinash kumar son of the deceased as partner of the firm. The High Court found that the partnership business is being carried on and the claimants are deriving benefit from that business and they have not been put to any pecuniary loss. On that reasoning the high Court reduced the compensation from rs. 1,25,000. 00 to Rs. 48,600. 00. We do not agree with the High Court. There is no jurisdiction whatsoever to reduce the compensation. We accept the appeal with costs, set aside the order of the High Court and restore the order of the Tribunal in to and affirm the award of Rs. 1,25,000. 00 as compensation to the appellants. The balance of the amount, if part of the amount

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