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Municipal Corporation Of Delhi vs Kuldip Lal Bhandari And Ors. on 20 April, 1970 cites

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

The attention of the learned single Judge was not drawn to the deduction of 15 per cent considered just in lshwari Devi v. Union of India, 1968 Scj 141, where a similar question had been considered by the Division Bench of this court, and it was observed that since' the payment was being made immediately in lump-sum, and also because of the uncertainties of life, such as the deceased of the claimants might die before the expiry of the normal span of life, some scaling down of the assessed compensation was called for. A deduction of 15 per cent was considered by that Bench to be fair and just, and which in our opinion also, is so. Making the deduction of Rs. 7,320.00, which is 15 per cent of Rs. 48,804.00 the amount of compensation as assessed above, the net compensation due to the beneficiaries works out to Rs. 41,840.00. which we award to respondents Nos. 1 to 3 against the appellant and respondents Nos. 4 and 5.
Delhi High Court Cites 16 - Cited by 28 - I D Dua - Full Document

Amarjit Kaur And Ors. vs Vanguard Insurance Co. Ltd. And Ors. on 1 April, 1969

(12) Mr. S. N. Chopra, the learned counsel for the appellant, contended that even if this amount be taken to be the correct assessment of the pecuniary loss suffered by the beneficiaries on account of the death of Mrs. Bhandari. the same would have been received by them over a period of 19 years from month to month. Now that the said amount would become payable in lump-sum immediately, it is necessary to apply some scaling down. He submitted that it would be just that a deduction of about 3 3-1/3rd per cent is made especially in view of the fact that if deposited in Savings Bank, the amount would yield sufficient income even at the rate of 3" per cent per annum. For support he relied on Amarjit Kaur v. Vanguard insurance Co. Ltd. 1969 Acj 286 where a learned single Judge of this court considered a deduction of 33-l/3rd per cent as a reasonable deduction for the purpose of scaling down the amount of compensation in view of the immediate lump-sum payment.
Delhi High Court Cites 14 - Cited by 25 - Full Document
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