Daughter of the deceased has a legal right to claim compensation
The child in this case, the child of the appellant, has been illegally deprived of maternal care, affection and protection. She has suffered loss. Such loss can be the foundation for a legal action for compensation against the appellant. Unlike the facts in Arun Garg (supra) referred above, the daughter of the deceased in this case has a legal right to claim compensation and therefore the direction forpayment of compensation, even going by the dictum in Arun Garg, is perfectly justified. There is absolutely no legal error or impropriety in the issue of the impugned direction under Section 357(3) Cr.P.C.
Kerala High Court
Murali vs State Of Kerala on 7 November, 2005
Equivalent citations: I (2006) DMC 586, 2006 (1) KLT 90
