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1989 Supreme(P&H) 443

S.S.SODHI
Tara Chand – Appellant
Versus
Major Singh – Respondent


Judgment

S. S. Sodhi, J.

1. The claim in appeal here is for enhanced compensation. The claimants being the parents of Ram Avtar, deceased, who was killed when, while standing on the roadside, he was run over by the truck PJO 6017. This happened on the Dadri-Mohindergarh Road, on August 14, 1982. The Tribunal, after holding that the accident had been caused entirely due to the rash and negligent driving of the truck driver, awarded a sum of Rs.5,000/- as compensation to the parents.

2. It is now well settled as held by the Supreme Court in C. K. Subramania Iyer V/s. T. Kunhi Kuttan Nair 1970 ACJ 110 (SC), that parents are entitled to recover the present cash value of the prospective service of their deceased minor children and in addition, they are also entitled to compensation for loss of pecuniary benefits reasonably to be expected after the child attains majority.

3. Recently, a Full Bench of our court in Bimla Devi V/s. National Insurance Co. Ltd.1988 ACJ 981 (Pandh), had occasion to consider the award of compensation to parents, for the death of the minor child. In dealing with this matter, the court observed as under: The jurisdiction of the Tribunal under the Motor Vehicles Ac




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