K. BHATNAGAR, J. - (1.) THIS special appeal has been filed against the judgment passed by the learned Single Judge of this Court on August 3, 1987. The relevant facts of the case are that a boat tragedy taking place in Nakki Lake of Mount Abu on 22nd April, 1973 caused the shocking death of the son and daughter-in-law of respondent Hari Lal. The trial court allowed the compensation to the tune of Rs. 64,300. Aggrieved Municipal Board, Mount Abu and others preferred appeal. Respondent Hari Lal, father of deceased Girish, filed cross objection with the prayer that the amount of Rs. 1 lakh may be allowed in addition to the amount allowed by. the trial court. The learned Single Judge dismissed the appeal of the Municipal Board but allowed the cross objection of Hari Lal, respondent and under Order 41, Rule 33, C. P. C. increased the amount from Rs. 64,300 to Rs. 2,50,000, the amount originally claimed by the appellant.
(2.) THE learned counsel for the parties submitted that the appeal may be heard for final disposal at the admission stage. We heard learned counsel for the parties. Having gone through the facts and circumstances of the case and the tragic death of the newly married couple who had gone for honeymoon, we are in perfect, agreement with the learned Single Judge that the amount of Rs. 64,300 allowed by the trial court was too meager. However, the circumstances of the income of the deceased Girish Roopani and the dependency of the father upon him leads us to the conclusion that the enhancement in the amount allowed by the appellate court to the tune of Rs. 2,50,000 was excessive. We are of the opinion that the amount claimed by the respondent in the cross objection filed before the learned Single Judge was a reasonable amount and that amount should be allowed. Mr. Singhi next argued that the responsibility placed on the appellant for payment of the amount allowed by the trial court and the appellate court is not legally correct because the deceased pair was at fault. In other words Mr. Singhi's argument is that it was the contributory negligence of the couple that has caused accident. Upon perusing the judgment and studying the facts and circumstances of the case, we find no substance in this submission of Mr. Singhi and we agree with the learned trial Judge and the finding of the learned Single Judge that the accident had taken place on account of the rashness and negligence of the employees of the appellant, Municipal Board. In view of above discussion regarding the amount, we partly allow the appeal and reduce the amount of Rs. 2,50,000 as allowed by the learned Single Judge to Rs. 1,64,300, the amount claimed in cross objection filed by the respondent. Rs. 64,300 have already been paid by the Municipal Board, Mount Abu. A period of two months is allowed for payment of the amount of Rs. 1,00,000 to the respondent. Respondent shall be entitled to interest on the amount of Rs. 1,00,000 to be paid now at the rate of 12% per annum from the date of filing of the suit till realisation. Costs of this appeal are made easy. .;