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Ishwar Devi Malik And Ors. vs Union Of India Through The Secretary To ... on 19 March, 1968

The principle propounded in the case of Smt. Ishwari Devi Malik (supra) did not arise for consideration as to the powers of a Claims Tribunal or Court considering the compensation under Motor Vehicles Act, being wider in so far as heads of damages are concerned than those covered by Sections 1A and 2 of the Fatal Accidents Act. The earlier decision for this reason does not seem to have been referred to before the latter Bench because they were considering an entirely different question.
Delhi High Court Cites 16 - Cited by 28 - I D Dua - Full Document

C. K. Subramonia Iyer & Ors vs T. Kunhikuttan Nair And 6 Ors on 8 October, 1969

21. Even in the aforesaid case, the Supreme Court recognised mat there can be no exact or uniform rule for evaluating human life, and the measure of damages cannot be arrived at by precise mathematical calculations and the amount recoverable depends on the facts and circumstances of each case. It has further been noted in this case that the elements which go to make up the value of the life of the deceased to the designated beneficiaries are necessarily personal to each case, and that an element of conjecture is unavoidable while assessing damages, under the Fatal Accidents Act, and the appellants in that case were held entitled to recover the present cash value of the prospective services of the deceased minor child, in addition to what they may receive by way of compensation for loss of pecuniary benefits reasonably to be expected after the child attained majority. It is thus clear that even while considering damages under Fatal Accidents Act, the Court held that the equivalent of the services expected to be rendered by a child to his parents in future can be converted into a figure of damages.
Supreme Court of India Cites 3 - Cited by 673 - K S Hegde - Full Document

Venukuri Krishna Reddi And Anr. vs Kota Ramireddi And Ors. on 23 November, 1953

18. Even in the case before the Allahabad High Court AIR 1991 Allahabad 43, on which Mr. Ishwar Sahai placed reliance, all that was done was compensation in favor of the respondents while dismissing the appeal filed by the. Insurance Company was enhanced because the court felt that the amount granted was not adequate. This decision cannot be taken to lay down the proposition that a respondent not filing even cross-objections or having failed to file an appeal can have the entire judgment re-opened on a question of law, as is sought to be done in the present case, namely, right of a husband to grant of compensation for loss of consortium or services of the wife. I, therefore, do not find it possible to entertain this objection raised by the learned Counsel
Madras High Court Cites 13 - Cited by 25 - Full Document
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