- (1.) All deaths are unfortunate, particularly when the parents lose their son at the prime age of 19 years. The victim was a student of 'Computer Engineering'. When he was studying in 2nd year, he met with an accident and succumbed to the injury. The offender was Calcutta State Transport Corporation Bus. The appellants filed a claim petition before the Tribunal asserting that their son was earning Rs. 5,000/- per month on account of private tuition. The parents also relied upon a letter dated October 18, 2004 issued by a Japanese Company, expressing their eagerness to engage him after he becomes a computer science engineer. The Organization also informs him that they would offer salary of 2,500 U.S. Dollar out of which a sum of 1,500 U.S. Dollar would be deducted towards his personal expenses while in Japan.
(2.) If we go by the said letter, we can simply come to a conclusion that had be been alive and succeeded in examination, he could accept such job and earned 1000 U.S. Dollar net every month and could support his parents as well out of such resource.
(3.) The State Transport Corporation resisted the claim on the ground that for rash and negligent driving of the driver, the Corporation could not be blamed. The Corporation also took all possible pleas including doubting the income of the victim as claimed by his parents. The Tribunal rejected the pleas raised by the Corporation and allowed the claim application that has given rise to the Corporation appeal. The claimants are also not happy as according to them, the Tribunal should not have assessed the compensation taking a notional income of Rs. 4,500/-. The Tribunal should have considered the letter of the Japanese Company, appearing at page 59 of the paper book, before assessing the compensation.;