Amitadyuti Kumar Vs. State of W.B. and ors.

- indian succession act, 1925 [c.a. no. 35/1925]. sections 82, 88, 113, 116 & 129; [s.b.sinha & markandey katju, jj] construction of will held, with a view to ascertain the intention of the maker of the will, not only the terms thereof are required to be taken into consideration but also all circumstances attending thereto. the will as a whole must, thus, be considered for the said purpose and not merely the particular part thereof. as the will if read in its entirety, can be given effect to, it is imperative that nothing should be read therein to invalidate the same. in the instant case, clause of will showing that testator bequeathed his property to his son for his natural life term and then to his son or sons son. codicil providing that if his son dies issueless, estate would go to calcutta university. in the circumstances it was that codicil should be read as part of will and it modified afore mentioned clause of will. as the legatee died issueless, property would validly go to calcutta universityorderg.b. pattanaik, j.1. leave granted.2. heard learned counsel for the parties.3. the division bench of the calcutta high court has directed payment of compensation to the tune of rs. 20,000/- to the widow of deceased debu pramanik in lieu of compensation granted by the human rights commission.4. when the matter came up before this court, a limited notice was issued on the question of compensation.5. learned counsel for the appellant forcefully contends that the quantum of compensation to the tune of rs. 20,000/- is too meagre even to have a sustenance for the widow and the other family members and at least the compensation should be enhanced to the tune of rs. 1.5 lac.6. the counsel for the state of west bengal on the other hand contends that the human rights commission of the state has considered the matter from all angles including the profession which was being pursued by the deceased before his custodial death and therefore the compensation to the tune of rs. 20,000/- is adequate. having considered the rival submissions and on the findings arrived at by the high court of calcutta we think it appropriate to enhance the compensation to rs. 70,000/-. since rs. 20,000/- has already been paid, the state of west bengal is directed to pay another sum of rs. 50,000/- to the widow of deceased debu pramanik within a period of eight weeks from today. the appeal is disposed of accordingly. there shall be no order as to costs.7. needless to mention that rest of the directions given by the high court remain unaltered.