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The Manager vs J.Suresh
cites
The Code of Civil Procedure, 1908
State Of Haryana And Another vs Jasbir Kaur & Ors on 5 August, 2003
13. The said decision of the Hon'ble Supreme Court, has been
cited by the learned counsel for the Insurance company, to fortify his
contention that there has been no loss of income from the business as the
partnership firms have been continued even subsequent to the death of the
wife of the claimant. We are conscious of the said ratio laid down by the
Hon'ble Supreme Court. Admittedly, though the claimant had stated that
the deceased was earning Rs.50,000/- per month from the businesses being
carried on in two partnership firms, the Tribunal has not taken the claim of
such claimant as gospel truth and on considering the documents available,
monthly income has been arrived at Rs.25,000/- per month. 21. The
claimant is entitled to Rs.15,000/- for loss of estate. The Tribunal has
awarded Rs.1,00,000/- towards loss of consortium to the wife and Rs.
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https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.107 of 2018 & Cros.Obj (MD)No.14 of 2021
25,000/- each to the claimants 2 to 4 / respondents 2 to 4 towards loss of
love and affection.
Sushma H.R. vs Deepak Kumar Jha on 15 September, 2022
11. The learned counsel for the claimants relied on the judgment
of the Hon'ble Supreme Court in the case of Sushma H.R. V. Deepak
Kumar Jha reported in 2023-ACJ-331 and contended that in a similar set
of facts before the Hon'ble Supreme Court, Rs.50,000/- per month was
taken as income of the wife, who was doing Bakery business. However,
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https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.107 of 2018 & Cros.Obj (MD)No.14 of 2021
on going through the said judgment of the Hon'ble Supreme Court, we find
that ultimately loss of dependency has been arrived at taking into account
only Rs.25,000/-, as the monthly income of the deceased and on the facts
of the Hon'ble Supreme Court, future prospects was taken as 40%. We
therefore do not find the facts of the case being applicable to the facts on
hand.
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