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1989 Supreme(P&H) 621

S.S.SODHI
Shakuntala Devi – Appellant
Versus
Delhi Transport Corporation – Respondent


Judgment

S. S. Sodhi, J.

1. Several persons sustained injuries and some died too when the bus DLP 1952 after striking against the trolley of a tractor parked off the road, went and hit into the tempo DHL 8186. This happened on the Smalkha-Panipat Road at about 2.45 a. m. on March 31, 1983. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the bus driver. A sum of Rs.6,000/- was awarded as compensation to the mother of the six years old child, Usha, who was killed in this accident while the mother of the 12 years old Raj Kumar deceased was awarded Rs.19,200/-. The third person killed was Shanti Devi whose husband and son have been awarded Rs.6,000/- as compensation. The claim in appeal now is for enhanced compensation in all these cases.

2. The judgment of the Full Bench of our court in Bimla Devi V/s. National Insurance Co. Ltd.1988 ACJ 981 (Pandh), leaves no scope for any enhancement in compensation in respect of Usha and Raj Kumar deceased keeping in view their respective ages. Indeed, in the case of child below 5 years of age, it has been specifically held that Rs.6,000/- would be a reasonable figure to be award





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