Arkesh Jain & Ors. vs Mohd. Ishrar & Ors on 23 December, 2015

MAC.APP. No.339/2006
1. Our Constitution guarantees every citizen the fundamental right to
equality before law.
2. Article 14 of the Constitution of India provides:-
‘The State shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India.’

3. Article 15(1) of our Constitution further provides:-
‘The State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex, place or birth or any of them.’

4. A common saying that :
5. The claim petition bearing Suit No.588/03/00 was filed by the parents
and younger brother of the deceased Komal Jain seeking compensation for
her death in a motor vehicular accident on 30.09.1999. The compensation
has been denied by the learned Tribunal and even the case law cited on
behalf of the claimants to claim just and reasonable compensation has not
been discussed by the learned Tribunal observing that none of them dealt
with the death of an unmarried girl.

Source: Indian Kanoon

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