Uman Singh Gurung And Anr. vs Seva Ram Dutta And Ors. on 17 August, 1990
In Allah Bakhas v. Dhirendranath Panda 1983 ACJ 650 (Orissa), where for a 8 months old female child Rs. 8,000/- had been allowed.
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1 - 6 of 6 (0.34 seconds)Pushpa Pandey And Ors. vs Janardan Prasad Singh And Ors. on 28 August, 1996
11. The question of compensation has been considered in para 13 of the award. In this case the claimants have claimed Rs. 3,00,000/- as compensation besides the costs of treatment of the deceased Rabindra Kumar- Pandey. The Tribunal has observed that the claim is excessive. The Tribunal has relied upon the decisions in Sk. Allah Bakhas v. Dhirendranath Panda AIR 1983 Orissa 203 and Lanka Sarmma v. Rajendra Singh 1984 ACJ 198 (AP), in this connection. The Tribunal relied upon the assessment order of the Income Tax Department of the year 1983-84 showing the annual income of the deceased at Rs. 15,500/-. Tribunal has held that this is the most authentic document to determine the compensation of the deceased. Therefore, the Tribunal assessed monthly income of the deceased at Rs. 1,290/- per month. The Tribunal has further held that if the deceased was alive he had to maintain his family, therefore, 50 per cent of this amount should be deducted towards domestic and other necessary expenses. After deducting 50 per cent the compensation amount comes to Rs. 7,750/- per annum. Tribunal multiplied this amount with 16. The compensation for the death of Rabindra Kumar Pandey was assessed at Rs. 1,24,000/-. The claimants have further claimed a sum of Rs. 10,000/- for treatment of Rabindra Kumar Pandey. In this connection two cash memos had been filed. The Tribunal awarded Rs. 1,000/- under this head.
Abdul Wahab And Anr. vs Chandra Prakash on 23 August, 1984
Other decisions are also pointers in this direction In Allah Bakhas and Ors. v. Dhirendranath Panda and Anr. 1983 ACJ 650 the deceased was a female child of about eight months only in age. The Orissa High Court awarded a sum of Rs. 8,000/- for the loss of the child to the parents observing that a daughter is of considerable assistance to her parents in our community especially in a middle class or lower middle class family. She does the house-hold chores. Like any daughter, she is a nurse, a comforter and a mind at the time of need. The parents are deprived of her affection, care and service.
Uman Sing Gurung And Anr. vs Seva Ram Dutta And Ors. on 17 August, 1990
In Allah Bakhas v. Dhirendranath Panda 1983 ACJ 650 (Orissa), where for a 8 months old female child Rs. 8,000/- had been allowed.
Ithanaboyina Kondayya vs Yerrabothula Peda Venkayya And Ors. on 15 October, 1996
Oratarology is not the asset of few in the society. That enhances the relationship of an individual with others, social pleasure and personal pleasure also. A head injury leading to the disability in slur in the speech is being treated as a serious injury is disability to award compensation. Even for a simple head injury Rs.5,000/- to Rs.10,000/- are to be awarded, (vide Allah Baksha 's case (supra).
Mewa Devi And Ors. vs State Of Orissa on 29 October, 1986
9. On account of the death of Usha Devi, a sum of Rs. 5,000/- has been awarded towards loss of love and affection. Mr. B.P. Ray, the learned Counsel for the appellants, submitted that the amount of compensation determined in this case is grossly inadequate and no reasonable man would award this compensation. He relied upon a decision reported in 1983 A.C.J. 650, Allah Bakhas and Ors. v. Dhirendranath Panda and Anr. where for the death of a minor girl aged only eight months, compensation of Rs. 8,000/- was awarded. It was stated that the potentialities of service of a girl in a lower middle class family had been lost and accordingly compensation of Rs. 8,000/- would bad just. In the present case the girl was aged 10 years and was reading in the school. No evidence has been led to indicate the service which was likely to be rendered by her. The family is also not a lower middle class family. She comes under the upper middle class family, Accordingly, compensation of Rs. 5,000/- granted towards loss of compnsation of the girl to the mother is justified.
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