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Concord Of India Insurance Co. Ltd., ... vs C.K. Subramonia Iyer And Ors. on 10 December, 1963
cites
Section 1A in The Fatal Accidents Act, 1855 [Entire Act]
The Fatal Accidents Act, 1855
Gobald Motor Service Ltd. & Another vs R. M. K. Veluswami & Others on 14 April, 1961
As observed by the Supreme Court in Gobald
Motor Service Ltd. v. R. M. K. Veluswami, AIR 1962 SC 1 the actual extent of such pecuniary loss "may depend upon data which cannot be ascertained accurately, but must necessarily be an estimate or even partly a conjecture". But the Court has to estimate the same,
"...... this question of reasonable expectation
of pecuniary advantage seems to me to be a mixed question of fact and law. Mere difficulty in assessing damages should not bar a plaintiff from reco. very."
Section 3 in The Fatal Accidents Act, 1855 [Entire Act]
K.M. Krishna Gounder vs P.N. Narasingam Pillai And Ors. on 7 August, 1961
In an almost similar case in K. M. Krishna Gounder v. Narasingam Pillai, AIR 1962 Mad 309 the Madras High Court
awarded Rs. 5000/- as damages. We find that sum to be a reasonable estimate of the present value of the future benefits that the plaintiffs as parents might have reasonably expected from the deceased if he had survived.
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