Surjit Singh And Ano... v. The Co-Operative Gen...

C.G Suri, J.:— This appeal under Clause X of the Letters Patent has been filed by the claimants against the order of a learned Single Judge of this Court reducing the Motor Accidents Claims Tribunal's award of compensation from a sum of Rs. 50,000/- to the sum of Rs. 10,000/- only.

2. The claimants' son, aged about 17 years, had died in a motor accident on 11th March, 1970. The finding of the Tribunal and the learned Single Judge that the accident was due to the rash and neglilent driving of the motor vehicle involved in the accident has not been challenged before us in any appeal or cross-objections filed by the owners of the vehicle. The dispute is only as regards the quantum of compensation.

3. The Courts below have found that the appellant's dependency on the deceased was only to the extent of about Rs. 50/- per month. The sum of Rs. 10,000/- awarded to them as damages would, if safely invested for a long term, yield in the shape of interest of recurring income to the appellants which would be far above their dependency on the deceased. They would also have the lump sum amount which can compensate them for any unforeseeable loss.

4. The scope for interference in a Latters Patent would be more restricted that on first appeal which is generally described as a rehearing of the case.

5. We see no grounds for interference and dismiss the appeals. Parties are left to bear their own costs.

6. D.K Mahajan:— I agree.

7. Appeal dismissed.