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High CourtsSingle Bench(1996) 07 P&H CK 0152

Executive Engineer, Provincial Division No. 2, PWD B and R and Another vs Harish Chander and Others

Punjab And Haryana At Chandigarh · Decided on 2 July 1996 · Citation: (1996) ACJ 1348 : (1996) 114 PLR 356

HON’BLE JUDGES
Amarjeet Chaudhary, J
RESULT
Dismissed
CASE NUMBER
First Appeal from Order No. 131 of 1993

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Judgment

5 paragraphs · 344 words

Amarjeet Chaudhary, J.—The Motor Accident Claims Tribunal, Ambala, on a claim petition filed by Harish Chander and Smt. Kamlesh Rani, had awarded a sum of Rs. 1,00,000/- to the claimants alongwith interest at the rate of 12% per annum from the date of filing of claim petition, on account of death of their son Dhiraj alias Manu, aged about 10 years, in a road accident on 25.5.1990. The liability to pay compensation was fastened on Maya Ram, Executive Engineer, PWD, B&R, Ambala and the State of Haryana. The Executive Engineer, Provincial Division, P.W.D., B&R Ambala Cantt, and the State of Haryana have filed the present appeal challenging the award dated 30.9.1992 primarily on the ground that the compensation awarded is on the higher side.

2.

Learned counsel for the appellants contends that the father and mother of the deceased are aged 42 years and 40 years respectively and they have not crossed productivity age. There is every possibility of their getting another child and as such no irreparable loss has occurred to the claimants.

3.

After having heard learned counsel for the parties, I find no merit in the submissions of learned counsel for the appellants.

4.

The death of deceased in this case is not in dispute. It is also the admitted case that the deceased was the only child of the claimants and was a brilliant student. In determining compensation in case of death of a child, the family background, the academic and other activities and the expectancy of the parents from the child are to be taken into consideration. The loss suffered by the parents, due to sudden demise of their child, cannot be calculated in terms of money. The parents of the child shall remain in trauma throughout their life. They cannot be compensated in any manner except by monetary compensation. The compensation awarded to the claimants is just and fair and is not on the higher side.

5.

For the reasons stated above, the appeal is dismissed. The claimants shall be entitled to the compensation awarded by the Tribunal.