IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CIVIL MISC. APPEAL No. 280 of 1997
SHANKER SINGH
V/S
PRAKASH & ORSMr. KRISHAN CHAND for Mr. MRIDUL JAIN, for the appellant
Mr. LM LODHA, for the respondent
Date of Order : 13.7.2009
HON’BLE SHRI N P GUPTA,J.
JUDGMENT
The claimants have filed this appeal for enhancement of the compensation. The claimants filed the claim petition for compensation on account of death of their only son, who was a student of B.A. Final Year.
The learned Tribunal decided the issue of negligence in favour of the claimants, and also the issue about liability of the insurer. However, while deciding the question of quantum in issue No.4, the learned Tribunal adopted a strange reasoning, to the effect, that since the deceased was a student, and the claimant No.1 was earlier a practicing lawyer, and is now a member of the Rajasthan Public Service Commission, while the claimant No.2, the mother is a Municipal Counselor, it cannot be said that they were financially dependent on him, rather the deceased was a student, who was dependent on the claimants, obviously till completion of education, the claimants were required to bear the expenses, then the deceased would have married, and that, after marriage the major portion of the income would have been spent by him on his wife and children. With this logic, a consolidated compensation of Rs.1,25,000/- has been assessed to be payable.
In my view, to say the least, the whole approach of the learned Tribunal is nothing less than perverse. Even in cases of non-earning grown up students, Hon’ble the Supreme Court has time and again laid down parameters for assessment of compensation, and accordingly, the compensation was required to be assessed.
In the present case, I do not stand advised to undertake this exercise myself, and think it better to remand the matter to the learned Tribunal, only for determination of appropriate compensation.
Accordingly, the appeal is allowed. The impugned award is set aside, and the matter is remitted back to the learned Tribunal, only for the purpose of making a reasonable and fair assessment of compensation to be awardable to the claimants, on the basis of the parameters laid down by Hon’ble the Supreme Court in repeated judgments, and then to pass the award accordingly.
Since the matter is very old, the learned Tribunal is directed, to decide the matter utmost expeditiously. The parties are directed to appear before the learned Tribunal on 10th August 2009. Fresh notices, therefore, need not be issued.
( N P GUPTA ),J.
/tarun/
