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G. Pandari Vs. Parkash Rao - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAndhra Pradesh High Court
Decided On
Judge
Reported in1952CriLJ350
AppellantG. Pandari
RespondentParkash Rao
Excerpt:
.....impugned award, disproportionate to the pecuniary loss and the loss of future income of the victim. the settled principles governing determination of compensation has been given a go-bye. compensation of rs.4,15,150/- awarded by the tribunal was enhanced to rs.8,20,000/-. - deshmukh for the minor respondent as well as the mother certifies that the proposed compromise is for the benefit of the minor and there is mr. 3. i have to consider whether the case itself could be compromised, these being proceedings under section 488, of the criminal procedure code, or whether the parties have no other alternative than to invoke the decision of the court whether they like it or not......central and urban bank, limited., at its head office at kingsway, sccundera-bag in savings bank account. tile mother of the respondent will be entitled to draw from the said account a sum of rs. 25/- per mensem for the maintenance of the minor child. but this amount may be enhanced by the trial court for proper, reasons. a further sum of rs. 400/- will be kept as fixed deposit for one year, the interest thereon will be credited by the bank to the savings bank account and the said fixed deposit of rs. 400/-on maturity may be credited into the savings bank account referred to. a sum of rs. 2,700/- shall be invested as fixed deposit for 2 years. interest thereon will be credited in the said savings bank account. the minor's mother will be entitled to draw only rs. 25/- per mensem.....
Judgment:
ORDER

Suryanarayana Rao, J.

1. Mr. Narsim Iyengar for the petitioner and Mr. Dattatreya Deshmukh for the respondent are present, so also the petitioner Pandari Rao and the mother of the minor respondent along With the minor. The parties have filed a petition saying that they are willing to compromise the case on the following terms:

(a) That the petitioner does not admit that he is the putative father of the respondent;

(b) That he is willing to pay by way of gift a sum of O.S. Rs. 4,000/- to the minor.

2. The parties have also proposed as to how the said sum of Rs. 4,000/- should be utilised and Invested viz., that a sum of Rs. 500/- may be paid to the mother for meeting costs of this litigation till now and that out of the balance amount of Rs. 3,500/- a sum of Rs. 360/- be set apart and that the balance be invested in a bank as a fixed deposit for two years to be thereafter renewed and that the said sum of Rs. 360/- be utilised towards the minor's maintenance at the rate of Rs. 25/-per mensem. Mr. Deshmukh for the minor Respondent as well as the mother certifies that the proposed compromise is for the benefit of the minor and there is Mr. Deshmukh's endorsement to that effect on the petition.

3. I have to consider whether the case itself could be compromised, these being proceedings under Section 488, of the Criminal Procedure Code, or whether the parties have no other alternative than to invoke the decision of the Court whether they like it or not. There are numerous authorities holding that proceedings for maintenance in a criminal Court are more in the nature of civil proceedings; only, that the criminal process is applied for the purpose of summary and speedy disposal in the interests of society; so that helpless wives and children are not left on the road while those who are liable to maintain them have the capacity to do so.

4. The trial Court has held that the respondent was the illegitimate child of the petitioner and has awarded a sum of Rs. 40 per mensem as maintenance. The petitioner says that he has no male children and that the respondent's mother was supplying milk to him and that though the had no corner knowledge of her he is still willing by way of compromise to pay a sum of Rs. 4,000/- (rupees four thousand) for the benefit of the minor, absolutely, provided the compromise is permitted by the Court and there is no finding given that the respondent is the illegitimate child of the revision petitioner.

5. Considering the meagre circumstances of the respondent and his mother and the uncertainties of litigation which does not end in this Court at this stage, there being a possibility of further litigation in a civil Court, I agree that the sum of Rs. 4,000/- is a fair and reasonable amount for settling the case. Even calculating the rate of maintenance awarded by the trial Court, it works up to an immediate payment of maintenance for one hundred months. I, therefore, accept the compromise in so far as it relates to the acceptance of Rs. 4,000/- by the respondent in full settlement of his alleged claim as a bona fide settlement of a contentious litigation and dispute between the, parties.

6. As regards the arrangement for the disposal and investment of the money I do not quite agree with the recommendations of the parties. I make slight variations as hereinafter mentioned. In the result I order as follows without deciding whether or not the respondent is the illegitimate child of the revision petitioner, in view of the compromise entered into by the parties:

(1) The order of the trial Court under revision is set aside;

(2) The sum of Rs. 4,000/- which includes of Rs. 680/- deposited in Court till now towards the maintenance pendente lite shall be utilised or invested as follows:

(a) Re. 500/- may forthwith be drawn by the respondent's mother to meet the costs of this litigation up-to-date, (b) Of the balance of Rs. 3,500/-a sum of Rs. 400/- will be deposited with the prudential Co-operative Central and Urban Bank, Limited., at its head Office at Kingsway, Sccundera-bag in Savings Bank Account. Tile mother of the respondent will be entitled to draw from the said account a sum of Rs. 25/- per mensem for the maintenance of the minor child. But this amount may be enhanced by the trial Court for proper, reasons. A further sum of Rs. 400/- will be kept as fixed deposit for one year, the interest thereon will be credited by the Bank to the Savings Bank Account and the said fixed deposit of Rs. 400/-on maturity may be credited into the Savings Bank Account referred to. A sum of Rs. 2,700/- shall be invested as fixed deposit for 2 years. Interest thereon will be credited in the said Savings Bank Account. The minor's mother will be entitled to draw only Rs. 25/- per mensem from the savings Bank Account subject to higher further payments as the trial Court may from time to time order. The fixed deposit amounts may be further invested' or otherwise applied according to the discretion-of the trial Court.

7. The petitioner will deposit the balance necessary to make up the sum of Rs. 4,000/- after deducting Rs. 680/- already deposited in the trial Court within a fortnight's time from this day. otherwise he will be liable to pay interest at the rate of As, 8/- per mensem from that date until he actually pays that amount into the Court.

8. The Court will take action in pursuance of this order, deposit the amount as herein detailed, in the name of the minor, represented by his mother, with specific instructions to the Bank to comply with this order and with any other order that may be passed by the trial Court from time to time, subject to the Rules of the Bank.

9. If any clarification of this order is required the trial Court or the parties may apply to this or any other appropriate authority.

10. In the result the revision petition is allowed and without deciding whether or not the respondent is the illegitimate child of the petitioner the order of the trial Court is set aside. It is also ordered, as agreed to by the revision petitioner before me, that the sum of Rs. 4,000/- being; by way of absolute gift to the minor, the minor will be entitled to it absolutely. Any amount that remains after expending, will be paid over to the minor on his attaining majority and obtaining an order from the trial Court. If the minor does not unfortunately survive his period of minority the entire balance that may be left over shall devolve on his mother and shall be paid over to her, in her obtaining an order for payment from the trial Court.


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