Skip to main content

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 less deductions if any that could be made under law is the loss to the estate of the deceased. That goes to the legal heirs of the deceased. Loss of estate includes compensation for pain and suffering, loss of enjoyment of amenities, etc. of the deceased. That amount goes to the legal heirs by virtue ofSection 1A of the Fatal Accidents Act. What could be attached from the amount of compensation is the loss of estate and not the loss to the estate of the deceased.

Read more at: http://www.livelaw.in/sc-upholds-kerala-hc-ruling-distinction-loss-estate-loss-estate/

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 amenities (and/or loss of prospects…

Passport - DRT - power to impound - High Court

1) Satwant Singh Sawhney v. D.Ramarathnam. Asst. Passport Officer, 1967 (3) SCR 52
2) Menaka Gandhi v. Union of India, 1978 (1) SCC 248
3) Industrial Credit and Investment Corporation of India Ltd. v. Grapco Industries Ltd., (1994) 4 SCC 710
4) Suresh Nanda v. Central Bureau of Investigation, 2008 (3) SCC 674
5) Damji Valaji Shah & another Vs. L.I.C. of India & others [AIR 1966 SC 135]
6) Gobind Sugar Mills Ltd. Vs. State of Bihar & others [1999 (7) SCC 76]
7) Belsund Sugar Co. Ltd. Vs. State of Bihar and others [AIR 1999 SC 3125]
8) Sanjeev R.Apte v. I.F.C.I. Ltd., and others, 2008 (154) DLT 77
9) Smt.Annai Jayabharathi v. The Debt Recovery Tribunal & Anr., CDJ 2005 Ker HC 171
10) Allahabad Bank v. Radhakrishna Maity, AIR 1999 SC 3426
11) Ramalinga v. Radha, 2011 (4) CTC 481
12) Sinnaswami Chettiar v. Aligi Goundan and others, AIR 1924 Madras 893 (OVERRULED)
13) Nallagatti Goundan v. Ramana Gounda and others, AIR 1925 Madras 170
14) Income Tax Officer v. M.K.Mohammad…

DISTINCTION BETWEEN NECESSARY & PROPER PARTY

Who is Necessary to Proper Party

Order 1 Rule 10 of the Code of Civil Procedure, 1908

Razia Begum v. Anwar Begum, [1959] SCR 1111, relied on. Amon v. Raphael Tuck & Sons Ltd., (1956) 1 All E.R. 273 and Dollfus Mieg et Compagnie S.A. v. Bank of England, (1950) 2 All E.R. 611, referred to.

National Textile Workers’ Union, etc. v. P.R. Ramakrishnan and Ors., [1983] 1 SCR 922,

distinguished.

Meaning of Necessary or Proper Party

Whether Court could direct plaintiff to add lessee as defendant in suit.

Whether Court has discretion to direct a plaintiff, though dominus litis, to implead a person as a necessary party.

The Supreme Court of India in Ramesh Hiranand Kundanmal Vs. Municipal Corporation, Greater Bombay, (1992) 2 SCC 524 : 1992 (2) SCR 1 : JT 1992 (2) SC 136 : 1992 (1) Scale 530 : 1992 (1) CCC 594 : 1992 (1) RCR 644 : 1992 (2) UJ 181 held that a party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him.

A bench comprisi…