SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1974 Supreme(Bom) 86

MASODKAR
Shriram Hari Tambey – Appellant
Versus
Diwakar Ramchandra Kharabe – Respondent


Advocates:
V.R. Thakur, for Appellant; M.N. Belekar (for Nos. 1 and 2) and M.T. Dharmadhikari (for No. 3), for Respondents.

JUDGMENT:- 1-22. (After discussing the evidence, his Lordship proceeded) These positions having been ascertained, then comes the question as to the award of damages, which in principle is in the nature of restitution to those who depended on the deceased, and, secondly, for the loss of the life of the deceased itself. It is not punitive in any manner and the Court is called upon to balance every interest as much as possible and to arrive at a reasonable sum which will meet not only the expectation of life but commensurate the demands of those who expect to depend on such life.

23. As far as the present appeal is concerned there are two divergent approaches canvassed before me. On behalf of the appellant-plaintiff who is the head of the family who was expecting Sulabha to grow up and help in the waning years of the father, it is said there is a good case made out for granting damages both under Section 1-A as well under Section 2 of the Fatal Accidents Act and that Rs. 10,000/- is the minimum measure put by the father on the loss of this brilliant life.

24. On the other hand, the respondents submit that life and the facts of life are to be kept in view while determining the question o





















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top