Delhi Court November 2007 Judgments

Shri Deep Chand and anr. Vs. Shri Parmod Kumar Tyagi and ors.

Court: Delhi

Reported in: 147(2008)DLT268

Kailash Gambhir, J.1. By way of this appeal, the appellant seeks to challenge the impugned Award mainly on the ground that the Tribunal has not considered the future prospects of the deceased, who was brilliant student and in the near future would have progressed in his life. The appellant also averred that the Tribunal has awarded a nominal amount for funeral expenses and loss of love and affection i.e. Rs. 10,000/- each besides that the Tribunal has also awarded an interest at a quite lower rate i.e. 5.5% per annum from the date of the filing of the petition. 2. The brief facts of the case relevant for present appeal are that on 23.10.1995 at about 8.45 p.m. the deceased aged about 13 years was playing with the crackers in front of his house at Sawan Park Road, Ashok Vihar, Delhi, when respondent No. 1 driving the truck in most negligent and rash manner came from Sunder Lal Jain Hospitals direction and rammed the front tyre of the truck into the deceased and crushed the deceased. Whe...