Compensation for funeral expenses whether includes expenses for religious practices and conventions pursuant to death in family?

 We may also take judicial notice of the fact that the Tribunals have been quite frugal with regard to award of compensation under the head 'Funeral Expenses'. The 'Price Index', it is a fact has gone up in that regard also. The head 'Funeral Expenses' does not mean the fee paid in the crematorium or fee paid for the use of space in the cemetery. There are many other expenses in connection with funeral and, if the deceased is follower of any particular religion, there are several religious practices and conventions pursuant to death in a family. All those are quite expensive. Therefore, we are of the view that it will be just, fair and equitable, under the head of 'Funeral Expenses', in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs. 25,000/-.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3860 of 2013 (Arising out of S.L.P. (Civil) No. 24825/2010)

Decided On: 12.04.2013

Appellants: Rajesh and Ors.
Vs.
Respondent: Rajbir Singh and Ors.

Hon'ble Judges/Coram:G.S. Singhvi, Kurian Joseph and Sharad Arvind Bobde, JJ.

Citation; (2013)9SCC54,,2014 ALLSCR2434

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How to value fruit bearing trees in land acquisition case?

As noted, the procedure is not foreign insofar as the assessing the land value based on the comparable sale instances. The Apex Court in Airports Authority of India (supra) has accepted this principle by saying "Therefore, it would be open to the Land Acquisition Officer or the Court, either to assess the land with all its advantages and fix the market value thereof on the basis of comparable sale instances. In case where comparable sale instances are not available and where there is reliable and acceptable evidence on record of the annual income multiplied by appropriate multiplier for its capitalisation. In the case of fruit-bearing trees their net yield is to be taken into consideration, that is to say, by deducting expenses incurred for getting the yield and also the value of the timber and expenses to cut and remove the trees from the land."

Bombay High Court

State Of Maharashtra vs Deoram Fakira Palmahale And Ors. on 6 September, 2007

Equivalent citations: 2007 (6) MhLj 556

Bench: A V Mohta

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