Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010
Now it is pertinent to refer to the decision in the case of Rajesh
and Others vs. Rajbir Singh and others [11 supra], wherein, the Honble
Supreme Court held to the following effect: Funeral expenses does not
mean the fee paid in the crematorium or the fee paid for the use of space in
the Cemetery and that there are many other expenses in connection with the
funeral, besides expenses associated with religious practices and conventions
and all those religious practices and conventions are very expensive. The
Honble Supreme Court also held that it would only be just and reasonable that
the Courts award at least Rs.1,00,000/- (Rupees One Lakh Only) towards loss of
consortium. In the above precedent the Honble Supreme Court had further
awarded Rs.1,00,000/- (Rupees One Lakh Only) towards loss of care and
guidance towards minor children while awarding Rs.25,000/- (Rupees Twenty
Five Thousands Only) towards funeral expenses. In the above precedent, the
petitioners are the widow and the minor children of Bijender Sing, the
deceased, who was aged about 33 years at the time of accident. Following the
precedential guidance, a sum of Rs.1,00,000/- (Rupees One Lakh Only) is
awarded to the first claimant towards loss of consortium and Rs.1,00,000/-
(Rupees One Lakh Only) is awarded towards loss of care and guidance for minor
children; and Rs.25,000/-(Rupees Twenty Five Thousands Only) is awarded
towards funeral expenses. Further, Rs.5,000/- (Rupees Five Thousands Only)
each is awarded under the two conventional heads loss of estate and transport
expenses.