V.S.DESHPANDE, S.C.PRATAP
JAIKUMAR CHHAGANLAL PATNI – Appellant
Versus
MARY JOROME DSOUZA – Respondent
DESHPANDE J.- 7. The principal contention of Mr. Dwivedee is that the amount of Rs. 15,000 admitted to have been received by the widow, towards the Life Insurance policy is liable to be deducted from the above amount of Rs. 55,200. This, according to him, is the pecuniary advantage received by the claimants by reason of the death in terms of the ratio of Gobald Motor Services Ltd. v. R. M. K. Veluswami1 It is nobody's case that it was an accident policy entitling the claimants to such amount, on the death of the deceased only in such an accident, and the amount could not have been received by them, had the death been due to otherwise, than such an accident. We express no opinion if this could have made any difference as there is no unanimity in the decided cases as to the liability of even such amounts to deduction from compensation. Judicial opinion is also sharply divided en the question whether life policy amount can be said to have come to the claimants by reason of the death of the deceased to justify its deduction from the amount of compensation payable to the claimants towards their pecuniary loss. Our attention was drawn by Mr. Zaveri, the learned advocate for the
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