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1996 Supreme(Kar) 79

A.M.FAROOQ, G.P.SHIVAPRAKASH
LAKSHMAN – Appellant
Versus
SUSHEEL CHAND CHOUDHARY – Respondent


G. P. SHIVAPRAKASH, J.

( 1 ) THE deceased was aged 19 years. He was a pre-university student. While he was proceeding on the bicycle on 9-8-1989 at about 8-55 a. m. , a goods lorry bearing registration No. Adt 5495 driven in a rash and negligent manner came from behind and dashed against the cycle. The lorry ran over the deceased who died at the spot. The claimants are his parents and his minor sister.

( 2 ) THE mother of the deceased i. e. , the second appellant has given evidence as P. W. 1. In her evidence she has stated that her son was earning while studying and he was bringing home Rs. 600/- per month by giving private tuition. She has deposed that the deceased had the desire to do postgraduation, in which event he would have contributed not less than Rs. 1,500/- per month for the maintenance of the family. On that basis, the claimants claimed Rs. 4,50,000/- for loss of dependency. A sum of Rs. 10,000/- was claimed for loss of estate; an amount of Rs. 5,000/- for funeral expenses and Rs. 25,000/- for loss of love and affection. In addition, they claimed a sum of Rs. 1,000/- for the damage caused to the cycle. In all they claimed a total compensation of Rs. 4,91,000/-, with in
















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