MANISSERY MARIYUMMA Vs. GOVINDA A

JUDGEMENT

(1.) What would be the loss caused to the family of a victim in a fatal accident on account of his/her death The answer to this question lies in the oft quoted opinion of Lord Wright in Davies v. Powell Duffryn Associated Collieries Ltd., 1942 AC 601. At page 617, Lord Wright has stated the legal position as follows:

(2.) This principle has been reiterated by Viscount Simon in Nance v. British Columbia Electric Railway Co. Ltd., 1951 AC 601. The said principle of assessment of compensation was approved by the Apex Court for application in Courts in India in Gobald Motor Services Ltd. and another v. R.M.K. Veluswami and others, 1962 AIR(SC) 1 and in Municipal Corporation of Delhi v. Subhagwanti and others, 1966 AIR(SC) 1750.

(3.) The aforesaid principle requires to be re-stated in this review petition filed by the appellants.