- (1.) "rape" or "slap" on preamble - Justice social, economic is the question? Honey Moon -Grave Yard valued at 500/ - doll & that too, -Kindness & charity of Socialist State. Let us now read Ex. 9. "the boat tragedy which took place in Nakki Lake at Mount Abu on 22nd April, 1973, has shocked us all. It is a great misfortune that Shri Girish Roopani and Shrimati Rashmi W/o Shri Girish Roopani, members of your family, were the victims of this tragedy. The Chief Minister of Rajasthan, Shri Barkatullah Khan, has expressed his concern over this mishap and has desired me to convey his heartfelt condolences to you and the entire bereaved family. He has also kindly sanctioned ex -gratia grant of Rs. 5c0/ - to each of the family of the deceased as a token of deep sympathy to the bereaved family. Accordingly I am enclosing herewith a Demand Draft amounting to Rs. 1,000/ - (Rupees one thousand) only for the same. Kindly acknowledge receipt. Yours faithfully, Sd/ - (J. M. KHAN)"
(2.) IN Amarlal's judgment (1) and Mst. Shani's decision, (2) I have depicted graphically Automobile Bomb and compared it with Atom Bomb casualties of Nagasaki on statatiscal bedrock of road accident deaths. And now Boat tragedy in Lake is the pivot of these cross appeals. Nakki lake of Mount Abu in Rajasthan being hill resort of Rajas than became the site of a ghastly tragedy when two young newly married couples, who had come to celebrate the marriage by the traditional honeymoon, suddenly found themselves in the clutches of death. The motor boat provided by the Municipal Board and not by a private agency, on payment of hire which was meant for pleasure and enjoyment, became the grave -yard and at least to newly married couple with one other woman; in all five died in the accident caused on account of the sinking of the motor boat in the lake on 22. 4. 73. Girish wedded Rashmi having come from London all the way at the threshold of his career as Chartered Accountant in England. After the wedding on 19. 4. 73 at Rajkot in Gujarat the newly married couple came to Mount Abu, little knowing that the honeymoon would turn into a death trap for both of them. The above facts are not in dispute and it is common ground that this tragedy did take the toll of five persons, including Girish C. A. and Rashmi Graduate. The claim for two human lives made in the lower court was Rs. 2,50,00/ - which; as would be obvious from the latter discussion which would hereinafter follow; was grossly inadequate, even for Girish C. A. but the lower court further curtailed it to Rs. 64,800/ -.
(3.) THE irony is that the Municipal Board, yet could not feel satisfied; being relieved of the major part of claim of compensation, by a dual blunder committed by the claimant as well as the Court; and has filed this appeal, before this court for rejecting the claim as a whole. THE claimant unfortunate bereaved father of the deceased Girish has also filed the appeal, but even in appeal the amount claimed is too inadequate and shows the conservative approach, about the valuation of the human lives in terms of the compensation claims in this country. Mr. Singhi appearing for the Municipal Board had pressed two points in support of his appeal. Firstly, according to him, it was not the negligence of the boat driver or any infirmity in the condition of the motor boat but the married couple were enjoying by trying to blow in the water of the Nakki lake and in that process, they upset the balance of the boat and thus, they invited their own death by their negligence. The second limb of submission of Mr. Singhi is that they had insurance for Rs. 1,33,000/ - and that claim they have got from the insurance company. This amount should have been adjusted. Mr. Bhandari appearing for the claimant has realised that at the time of the filing of the suit as well as the filing of the appeal, the claim made itself is grossly inadequate and, therefore, he prayed that this Court should exercise its powers under Order 41 Rule 33 C. P. C. for increasing the claim suitable, as the present one is a case of social welfare legislation and the well known principles of social justice for providing relief to the bereaved in such cases should be invoked ;