Skip to main content

Daughters equally eligible to father's terminal benefits

A recent verdict given by Justice Naveen Rao of the Hyderabad High Court states that daughters too are equally entitled to their deceased father’s terminal benefits.
While dismissing a petition filed by one C Chandrasekhar, son of a deceased employee of Tirumala Tirupati Devasthanams (TTD), the judge ruled that an employer is not at fault if he decides to distribute the terminal benefits of a deceased employee in equal parts among the sons, daughters and other heirs of that employee. Chandrasekhar has however challenged the decision on the basis of argument that his father had nominated his mother; she should receive all the benefits and also that his sister is married and is not entitled.
Chandrasekhar had applied for a job under compassionate grounds. His father Rajagopal died in December 2014 while in service. However, the TTD, in accordance with the service records of its employee, Rajagopal, asked him to obtain a no-objection letter from his sister for securing a job in the TTD under compassionate grounds. According to him, his sister was married and has been living separately from the year 2000 and hence is not eligible for any of the benefits.
Justice Naveen Rao in his verdict portioned the terminal benefits into equal parts and apportioned the same accordingly. They were distributed to the deceased employee's wife, son, daughter and his parents.
This decision was challenged by Chandrasekhar and he filed a plea against it.
In his petition, Chandrasekhar argued that married daughters were not entitled for terminal benefits of the father. “Only unmarried daughter and widow of the deceased employee are entitled for terminal benefits," he said.
His petition was, however, dismissed and declared void by the judge who said “As a daughter of the deceased employee, she is also equally entitled to receive a share in her father's terminal benefits. No wrong in what the TTD did.”

Comments

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of amen

Distinction between “Loss to the Estate” and “Loss of Estate”

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a