Afjal And ORS v. Mohd. Aslam And ORS

FAO No.5321 of 2014 (O&M)



   
  FAO No.5321 of 2014 (O&M) Date of Decision:27.01.2015 Afjal and another ".Appellants

Versus

Mohd. Aslam and others ".Respondents      




Present:

Mr. Arjun Attri, Advocate for the appellants. 

 1.

The appeal has been filed for enhancement of the amount of compensation, which was Rs.2,40,000// for a child, about 15 years old, who died in a motor vehicle accident on 17.6.2012. The Tribunal relied on reported cases where in case of death of students around 14 years, the compensation was Rs.2,25,000//. The Supreme Court had also ruled to that effect. Granting the said amount as compensation, an amount of Rs.15,000// was given towards last rites and transportation etc.

2.

Counsel for the appellants could not successfully assail the award and could not satisfy the court that the amount was inadequate. 3.

The child was not earning anything and nothing was stated about any help being rendered by him to his parents so as to contribute to the income of the parents. Only notional income can be taken in such cases or consolidated amount is to be awarded.

4.

There is no merit in the appeal.

5.

Dismissed.

  

             27.01.2015 Ishwar

! "#!$!!% "!&"! !' ISHWAR SINGH GARHWAL 2015.01.29 10:56 I attest to the accuracy and authenticity of this document