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

2017 Supreme(P&H) 689

ANITA CHAUDHRY
Veer Kaur alias Baljinder Kaur – Appellant
Versus
Sandeep Kumar Yadav – Respondent


Advocates:
For the Appellants:Mr. Rakesh Gupta, Advocate.
For the Respondent No. 3:Mr. V.K.Garg, Advocate.

JUDGMENT

Mrs. Anita Chaudhry, J.: - This is the claimants appeal seeking enhancement.

2. Counsel for the appellants at the outset urges that the wife and the mother were the claimants and Rs. 1,00,000/- should have been awarded to each of the claimants on the heads of loss of affection instead of Rs. 10,000/-. It was urged that the funeral expenses are also on the lower side. It was contended that the deceased was 28 years old and therefore, multiplier applicable should have been 17 instead of 11 and future prospects should have been allowed and 50% addition should have been made in the income to calculate the loss. It was urged that the claimants were also entitled to Rs. 1,00,000/- for loss to the estate.

3. The submission on the other hand was that the multiplier keeping the age of the claimants had to be considered and the Tribunal had rightly applied the multiplier. It was urged that the issue regarding future prospects is pending before a Larger Bench as there was a conflict in the decisions and the claimants were not entitled to any further increase.

4. In the case Reshma Kumari v. Madan Mohan [2013(2) Law Herald (SC) 1583] : (2013) 9 SCC 65 the three Judge Bench of Supreme C




















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