Dhaniben Chaku Hirji v. Vinaychandra G. Modessa, Civ Case 33-D-66; 29/3/67; Otto, J.

Dhaniben Chaku Hirji v. Vinaychandra G. Modessa, Civ Case 33-D-66; 29/3/67; Otto, J.

Deceased had managed a Hindu family business, which was owned by his father. When he was killed, his mother brought an action on her own behalf and on behalf of some of her children as dependants of the deceased. Following Hindu family custom, the family lived “as a Unit”. Accordingly, the deceased withdrew approximately Shs. 2500/- each month from the profits of the business (which were more than Shs, 50,000/- yearly), for the maintenance of the family.

            Held: Though mathematical computation might be impossible, the family was dependant of the father’s business, and its profits were only partly attributable to the son; his role as “provider,” under Hindu custom, does not of itself establish the total dependency of the family upon him Shs. 500/- (funeral expenses) and Shs. 2000/- (general damages) were awarded to plaintiff and dependants.