REGENT COMPUTRONICS PVT. LTD.

HIRJEE VEERJEE Appellant

V/S

SAROJA NARAYAN SHETTY Respondents

Referred Judgements :-

NATIONAL INSURANCE COMPANY OF NEW ZEALAND LTD V. ESPAGNE [REFERRED TO]
FORGIE V. HENDERSON [REFERRED TO]
BRADURN V. GREAT WESTERN RLY CO [REFERRED TO]
HICKS V. NEWPORT ABERGAVENNY AND HEREFORD RLY [REFERRED TO]
GRAND TRUNK RAILWAY CO OF CANADA V. JANNINGS [REFERRED TO]
DALBY V. INDIA & LONDON LIFE ASSURANCE COMPANY [REFERRED TO]
DAMAYANTI DEVI V. SITA DEVI [REFERRED TO]
DAVIES V. POWELL DUFRYN ASSOCIATED COLLIERIES LTD [REFERRED TO]
HANCE V. BRITISH COLUMBIA ELECTRIC RAILWAY CO LTD [REFERRED TO]
PAYNE V. RAILWAY EXECUTIVE [REFERRED TO]
BAKER V. DALGLEISH STEAM SHIPPING CO [REFERRED TO]
PARRY V. CLEAVER [REFERRED TO]
SOOD AND CO V. SURJIT KAUR [REFERRED TO]
SABITA PATI V. RAMESHWAR SINGH [REFERRED TO]
PYM V. GREAT NORTHERN RAILWAY CO [REFERRED TO]
GOBALD MOTOR SERVICE LIMITED VS. R M K VELUSWAMI [REFERRED TO]
SHEIKHUPURA TRANSPORT CO LIMITED VS. NORTHERN INDIA TRANSPORT INSURANCE CO [REFERRED TO]
AMARJIT KAUR VS. VANGUARD INSURANCE CO LIMITED [REFERRED TO]
BHAGWATI DEVI VS. ISH KUMAR [REFERRED TO]
PUSHPA RANI VS. ANOKHA SINGH [REFERRED TO]
L.I.C. OF INDIA V. NARANBHAI MUNJABHAI [REFERRED TO]
H P ROAD TRANSPORT CORPORATION VS. PT JAI RAM [REFERRED TO]
PARVATAMMA VS. SYED AHMED [REFERRED TO]
SUSHILA DEVI VS. IBRAHIM [REFERRED TO]
JAIKUMAR CHHAGANLAL PATNI VS. MARY JEROME DSOUZA [REFERRED TO]
UNION OF INDIA AS OWNER OF THE NORTH EASTERN RLY ADMINISTRATION VS. SUPRIYA GHOSH [REFERRED TO]
AUTOMOBILES TRANSPORT RAJASTHAN PVT VS. DEWALAL [REFERRED TO]

JUDGEMENT

(1.) This appeal by defendant No. 1 against the judgment and decree of the Civil Judge, (Senior Division), Thane, awarding compensation of Rs. 1,49,400/- under the Fatal Accidents Act, has been referred to the Full Bench by the Division Bench consisting of Darmadhikari and S.J. Deshpande, JJ., as they felt that the decision of another Division Bench of this Court in (Jaikumar v. Mary Jerome DSouza) A.I.R. 1978 Bombay 239, in so far as it took the view that the amount received from Life Insurance Policy on the death of the deceased was liable to be deducted from the compensation to which the plaintiffs were entitled, required reconsideration.

(2.) Since the whole appeal has been referred to the Full Bench, it becomes necessary to briefly state the facts leading to the present appeal.

(3.) The original plaintiffs Nos. 1 to 5 are the legal representatives of deceased Narayan Shetty. Plaintiff No. 1 is the widow of deceased Narayan. Plaintiff No. 2, who was then a minor, is his son. Plaintiffs Nos. 3 and 4 are his daughters and plaintiff No. 5 is the mother of the deceased. It is not now in dispute that on 7th December, 1969 at about 10 a.m. when the deceased was driving his motor vehicle No. MRC 3011 and was proceeding from Thane of Agra Road towards Bhiwandi side, there was a collision with a motor lorry of the appellants which was driven by driver Damodar from the opposite direction. The motor car was heavily damaged. Narayan Shetty sustained serious injuries and he succumbed to these injuries on the same day at 1.30 p.m. in the Civil Hospital at Thane. Narayan Shetty was about 45 years of age at the time of his death. He had taken technical education in Germany in 1965 and in 1966 had started his own industry called Rubber Products Pvt. Ltd., of which he was a Managing Director and was drawing a salary of Rs. 2,5000/- per month. In addition, he was earning commission on sales.

Click here to view full judgment.

HIRJEE VEERJEE AND CO Vs. SAROJA NARAYAN SHETTY

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address