1.0 The applicant has prayed to recall the judgment and order dated 22.3.2012 passed in First Appeal No.3793 of 2006.
2.0 Heard the learned Advocate for the applicant. Though the learned Advocate argued the matter on merits of the case and the outcome of the judgement, this Court is of the opinion that except certain typographical error in the factual aspects, there is no error in the operative part of the order. Therefore in order to rectify such error in factual aspects paragraphs no.2, 3 and 4 shall be substituted as under:
"2. The short facts of the case are that on 19.8.1995 the claimant and his son, aged 6 years named Mayur were proceeding towards their home from Amradi village bus stand. At that time a truck bearing no.GTY-5531 came in excessive speed and knocked down the son as a result of which he sustained serious injuries and ultimately succumbed to the same. The claimant therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed. Feeling aggrieved by the aforesaid judgement and award the Insurance Company preferred the aforesaid appeal.
3. Learned Advocate for the appellant submitted that the Tribunal grossly erred in awarding the compensation in the sum of Rs.2,25,000/-. He further submitted that the deceased was son of the claimant and therefore in view of the settled proposition of law enunciated in the case of Sarla Verma (Smt) and others V. Delhi Transport Corporation and Anr, reported in (2009)5 SCC 121 only the mother being considered as dependent.
4. I have heard learned Advocate for the appellant and perused the materials on record. It is not in dispute that the original claimant is father of the deceased. The deceased is only aged about 6 years. It is apparent that the Tribunal has not taken into consideration of the fact that the deceased was son of the claimant. As per the settled law in the case of Sarla Verma (supra) the father cannot be considered as dependent upon his minor son. In that view of the matter he is only entitled to receive compensation of Rs.50,000/- under the head of "Loss of estate". Therefore the award of the Tribunal is bad to the extent of grant of higher compensation."
3.0 With the above,, the application stands disposed of.
(K.S.
JHAVERI, J.) niru* Top