HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
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GUMAN MAL LODHA,J. -
(1.)ALTHOUGH no one has appeared for the appellant but, since this is an accident claims case, I would not like to dismiss the appeal in default, I have, therefore, examined the appeal on merits and I find much substance in it.
(2.)GOPAL Balai died on account of the accident when truck No. RSL 785 which was being driven by Mohammad Yunus, dashed against him. As alleged, the truck was being driven rashly and negligently. Gopal Balai was 22 years of age and was healthy person. A claim of Rs. 90,000/ - was made. The Tribunal has held that Gopal the deceased was giving Rs. 100/ - to his mother and though hs was earning 15 rupees per day, Gopal the deceased was stitching pairs of shoes, and was a shoe -maker.
The Tribunal, on the basis that he was giving share of Rs. 100/ - per month to his mother, held that Gopal, the deceased, would have marred in future and he must have given something even after marriage. The Tribunal arbitrarily calculated Rs. 1,000/ - per year and then fixed the compensation to Rs. 20,000/ - but reduced it to Rs. 5,000/ - on the surmises that he would have married and because the amount is given in lump sum. An amount of Rs. 2,000 was awarded for mental agony the parents.
(3.)SHRI Bhargava, appearing for the Insurance Company has supported the finding of the Tribunal.
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