THE parents of a six-year-old boy who died after a tombstone fell on him in a North Yorkshire graveyard have been awarded £33,000 in an out-of-court settlement.

Reuben Powell died of massive head injuries caused by an unstable tombstone that toppled on to him in Grove Road Cemetery, Harrogate, in July, 2000.

Harrogate Borough Council made the compensation payment to Richard and Jeanette Powell, both 40, without admitting liability for the incident.

The couple, who subsequently moved away from Harrogate and now live in Hertfordshire, have no other children.

Mrs Powell said: "We used to walk through the cemetery with Reuben all the time. It was a short walk from our home, and local children had congregated there for generations.

"They all use to play there as they had nowhere else to go. We thought the cemetery was safe."

Hilary Pickup, solicitor at law firm Irwin Mitchell, which represents the Powell family, said: "Jeanette arrived on the scene and witnessed the extent of the injuries when the tombstone was lifted off Reuben.

"She suffered severe post traumatic stress disorder and depression. The damages awarded reflect the trauma that Jeanette suffered but the amount of compensation awarded is of little significance to them."

Updated: 11:03 Wednesday, September 03, 2003