JUDGEMENT
P.P. Naolekar, J. -
(1.) The admitted facts are that in an unfortunate accident which occurred on 22nd November, 1985 Dharmendra son of Mool Chand and Smt. Radha Devi, aged 14 years, had died. He was a student of higher secondary. After consideration of the evidence on record, the Motor Accidents Claims Tribunal awarded total compensation of Rs. one lac fifty-one thousand under the heads loss of love and affection and mental pain and agony. The main challenge by the Counsel for appellant is that the amount awarded to the parents of deceased viz., Rs. ten thousand each towards love and affection and Rs. ten thousand each for mental pain and agony, is on the higher side. Ascertainment of damages for love and affection and for mental pain and agony cannot be made by mathematical precision. Court has to apply the rule of understanding and evaluate the damages looking to the age of deceased and relationship of the claimants. In the present case, the deceased was the elder son of claimant-respondents No. 1 and 2 and at the relevant time was of 14 years of age. The parents must have great expectations from their elder son and his death must have caused them great pain and agony. Having considered these factors, I do not find that the compensation awarded for love and affection and for mental pain and agony, can be said to be disproportionate and on the higher side. No case is made out for interference with the impugned order. Appeal is dismissed. No order as to costs. Appeal dismissed.;
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