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Grijesh Prasad Yadav & Ors vs Ramjhari Devi & Anr on 16 October, 2009

recorded that the widow was solely dependent on the income of deceased whereas his sons or daughters were living separately and they had got sufficient income to maintain themselves. In that view of the matter, the Tribunal was perfectly justified in awarding compensation to the widow, respondent no. 1. Moreover one could have understood the meaning of such an objection with regard to non-joinder of parties at the instance of legal representatives of deceased as was in the case of Govind Sao (supra) but such an objection coming from and raised by the appellants, who have been held liable to pay the amount of compensation, must be held to be wholly frivolous.
Patna High Court Cites 11 - Cited by 0 - M K Jha - Full Document

Girijesh Prasad Yadav & Anr vs Ramjhari Devi & Anr on 16 October, 2009

recorded that the widow was solely dependent on the income of deceased whereas his sons or daughters were living separately and they had got sufficient income to maintain themselves. In that view of the matter, the Tribunal was perfectly justified in awarding compensation to the widow, respondent no. 1. Moreover one could have understood the meaning of such an objection with regard to non-joinder of parties at the instance of legal representatives of deceased as was in the case of Govind Sao (supra) but such an objection coming from and raised by the appellants, who have been held liable to pay the amount of compensation, must be held to be wholly frivolous.
Patna High Court Cites 11 - Cited by 0 - M K Jha - Full Document

Heirs & Lrs Of Decd. Jagdish Harilal ... vs Rameshbhai Badhabhai on 31 July, 2018

19. However, the appellant is relying upon the decision in the case of Govind Sao v. Surjit Singh Mahal @ Bhola Babu reported in 2000 ACJ 489 wherein learned Single Judge of Patna High Court has held that dismissal of claim petition of parents and awarding entire compensation to the widow is just and proper. With due respect, I do not agree with such proposition since it is not the correct law. On the contrary, it is settled legal position that mother and practically parents are entitled to Page 18 of 21 C/FA/878/2007 CAV JUDGMENT appropriate amount of compensation, more particularly, when they are aged. In general, several decisions of Hon'ble Supreme Court of India confirms that parents are entitled to 1/3rd of the total amount of compensation. However, even if we consider that if at all father of the deceased was partner with the deceased, though there is no cogent and reliable evidence to prove it, when business would remain with the father, instead of awarding 1/3rd amount of total compensation, it would be just and proper to award at-least 1/4th amount of total compensation to the parents.
Gujarat High Court Cites 3 - Cited by 0 - S G Shah - Full Document
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