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

2010 Supreme(Del) 125

J.R.MIDHA
PRAKASH – Appellant
Versus
ARUN KUMAR SAINI – Respondent


Advocates appeared:
Mr. F.K. Jha, Mr. Rupesh Rayan and Mr. R.N. Singh, Advs.
Mr. Pankaj Seth, Adv. for R-2.
Ms. Rajdipa Behura, amicus curiae.

JUDGMENT

1. This appeal involves a important question as to whether an unborn child in womb should be considered at par with a minor child.

2. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.6,11,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

3. The accident dated 8th June, 2008 resulted in the death of Indu Devi. The deceased was survived by her husband and two children who filed the claim petition before the learned Tribunal.

4. The deceased was aged 25 years at the time of the accident. The deceased was a housewife. It was claimed that the deceased was also working as a housemaid and was earning Rs.5,500/- to Rs.6,000/- per month. However, in the absence of any documentary proof of occupation and income, the learned Tribunal took the deceased to be a housewife and the value of her services was taken as Rs.3,000/- per month and the multiplier of 16 was applied to compute the loss of dependency at Rs.5,76,000/-. Rs.10,000/- has been awarded for loss of consortium, Rs.20,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses. The total compensation awarded

















































































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