Shri Anthony Vaz Son of Luis Vaz Vs. Shri John A. Lopies Son of Dinies Lopies and ors. - Court Judgment

Excerpt:

.....considering the nature and extent of disability, the amount of rs. 25,000/- awarded on account of permanent disability is on the lower side and in fact the total amount of rs. 45,000/- ought to have been granted under the said heading. the amount fixed under the other headings appear to be reasonable and proper. hence, the appeal deserves to be partly allowed and we pass the following order: - what remains to be seen is as to whether pinki died an un-natural death within seven years of her marriage and whether her death was attributable to the demand of dowry and further whether she was dealt with cruelty soon before her death. if these ingredients are proved by the prosecution then the conviction of the accused under section 304b, ipc will be complete.[para 9] the question is, in the absence of corpus delicti, could it be presumed that the accused persons alone were responsible for the death of pinki. we must hasten to add here that the accused persons have already been acquitted of the murder charge. [para 9] it is clear that pinki's death was caused because of the burns and not in the normal circumstances. the finding of the trial court and the appellate court in that.....order(a) the impugned judgment and award is modified. the total amount of compensation will be rs. 84,000/- instead of rs. 64,000/-.(b) the rest of the impugned award is maintained. there shall be no order as to costs.

Judgment:

ORDER

(a) The impugned judgment and award is modified. The total amount of compensation will be Rs. 84,000/- instead of Rs. 64,000/-.

(b) The rest of the impugned award is maintained. There shall be no order as to costs.