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PRATIBHA RANI
Arkesh Jain – Appellant
Versus
Mohd. Ishrar – Respondent


Counsel for the Parties:
For the Appellants:Mr.Anuj Jain, Advocate
For the Respondent No.3:Mr.Tarkeshwar Nath, Mr. Saurabh Kumar Tuteja & Ms. Priyanka Parida, Advocates

JUDGMENT

Pratibha Rani, J.—Our Constitution guarantees every citizen the fundamental right to equality before law.

2. Article 14 of the Constitution of India provides:

‘The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’

3. Article 15(1) of our Constitution further provides:

‘The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place or birth or any of them.’

4. A common saying that :

‘A son is a son until he gets a wife. A daughter is a daughter throughout her life.’

has been quoted by the Supreme Court in the report Savita Samvedi (Ms) and Anr. v. Union of India (UOI) & Ors., (1996) 2 SCC 380. while striking down Railway Board Circular dated 11.8.1992 being violative of Article 14 of the Constitution of India.

5. The claim petition bearing Suit No.588/03/00 was filed by the parents and younger brother of the deceased Komal Jain seeking compensation for her death in a motor vehicular accident on 30.9.1999. The compensation has been denied by the learned Tribunal and even the case law cited on behalf of the claimants to claim just and reasonable compen














































































































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