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| Death due to boat capsizing in Mansar Lake | | Court awards Rs 10 lakhs compensation with interest 10% PA from 1987 | |
Early Times Report
Samba, Apr 22- Principal District Judge Samba Suresh Sharma today awarded Rs 10 lakhs compensation with interest @ 10% per annum from 1987 to the victims of the boat capsizing in Mansbal Lake.
While awarding compensation to the family of deceased Umesh Chawla, the Principal District Judge observed that the accident took place in the middle of lake. The question as to how the accident took place, has remained a deep mystery and would, perhaps, always remain buried down in the unfathomable depth of the lake, the boat in question was being run by one Rajinder Parshad employee of the forest department and he is the one who was operating the same. The boat was being managed, operated, and controlled by the Government. The accident in the present case is one which would not have happed in the ordinary course, had the one who run the same had taken the proper care. The defendant Rajinder Parshad is the only one who could have thrown the light on how actually accident took place. He could rebut the plaintiff’s evidence, in this regard. But, he chose not appear in the case and led no evidence in the rebuttal. Even the state chose later not to defend itself and was proceeded ex-parte. Consequently, there is no rebuttal to the plaintiff’s evidence in this regard, in the case.
Court referring various judgments of High Court and Supreme Court held that the compensation of Rs 10 lakhs claimed by the plaintiffs is just, fair and reasonable compensation for the death of the deceased caused due to the negligence of the respondents and awarded compensation Rs 10 lakhs in equal shares with costs, on account of the death of the deceased Umesh Chawla caused due to the negligence of defendants with interest @ 10% PA from the date of application which was filed on May 30, 1987 till the recovery of the compensation account. JNF
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