compensation Archives

Whether the workwoman employed in Beedi manufacturing process is covered under the purview of Employees’ Compensation Act? Telangana High Court answers

Telangana High Court: M Laxman, J. allowed the appeal and remanded the matter for adjudication on merits and held that

Orissa High Court grants compensation to a woman who conceived after sterilisation

Orissa High Court | Arindam Sinha, J. criticised the State for not following the procedure and granted compensation to a

Case Briefs High Courts

Karnataka High Court| Magistrates to consider ‘conduct of Accused’ while deciding application for interim compensation in Cheque dishonour cases

Karnataka High Court: M. Nagarprasanna J. allowed a petition filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) seeking quashing of

Case Briefs High Courts

Calcutta High Court| State Legal Service Authority can’t run away from compensating victims by citing insufficient funds; directions issued

Calcutta High Court: Moushumi Bhattacharya, J. heard a petition and issued directions relating to a matter of non- payment of victim compensation

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Infected sponge left in the abdomen of a woman post Caesarian surgery, constitutes medical negligence; NCDRC directs compensation of Rs. 5 lakhs to the aggrieved party

“No amount of money can turn back the time and reverse the harm already done, but receiving compensation for unnecessary surgery or surgical errors can at least help the patient to overcome some of the challenges that lie ahead”

Case Briefs High Courts

Is an Employee entitled to disability compensation under Employees’ Compensation Act in absence appointment letter, identity card, attendance card, etc. ? Delhi HC decides

Delhi High Court: Manoj Kumar Ohri J. dismissed the petition as the employer-employee relationship was established by a witness before the court

Case Briefs High Courts

Bom HC │Whether the compensation granted under chapter X of Motor Vehicle Act forfeits the right of the employee to claim compensation under S. 3 of the Employees Compensation Act?

Bombay High Court: S.G. Mehare, J. allowed an appeal against the order passed by the Commissioner for Workmen’s Compensation and Judge Labour

Case Briefs Supreme Court

Unless there’s a written instrument declaring land was voluntarily relinquished for no consideration, State cannot deny payment of compensation: Supreme Court

Supreme Court | The Division Court of Vikram Nath* and Dinesh Masheswari, JJ. held that the State’s act of taking the appellants’

Case Briefs High Courts

[Res-Judicata] Kar HC | Even if some similarly situated persons have been granted benefit inadvertently or by mistake, the same does not confer any legal right to claim similar relief

Karnataka High Court: A Division Bench of Alok Aradhe and J M Khazi, JJ. dismissed the appeal and quashed the impugned judgment

Case Briefs Supreme Court

Land Acquisition| Compensation under 2013 Act cannot be claimed if award under 1894 Act couldn’t be passed due to pendency of proceedings or interim stay: Supreme Court

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that in a case where on the date of

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)

Case Briefs High Courts

MP HC | Not entitled to keep the amount of compensation paid the State government in the event of a false rape case; Court allows bail

Madhya Pradesh High Court: Vivek Agarwal, J. deciding a second bail application filed by the applicant in connection with Crime under Sections

Case Briefs Supreme Court

SC finds Kerala Govt’s failure to compensate 3700 Endosulfan victims for 5 years appalling; says “without health, the faculties of living have little meaning”

Supreme Court: In the issue relating to the use of a toxic pesticide called Endosulfan leading to a spread of mental and

Case Briefs High Courts

[ID Act] Kar HC | Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power

Karnataka High Court: K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fine of Rs 41.21 Crores imposed on a Government Corporation for excess mining and violation of conditions of Environmental Clearance: NGT issues 10 directions || If no fine, would rule of law be impacted? Read

National Green Tribunal (NGT), Southern Zone, Chennai: While imposing a fine of Rs 41.21 crores on Singareni Collieries Company Limited, for violation

Case Briefs Supreme Court

Land Acquisition| Can market value be determined retrospectively based on the market value of land acquired two years later? SC answers

Supreme Court: In a case where the Court was posed with the question as to whether determination of market value subsequent to

Case Briefs Supreme Court

‘Can’t allow mass absorption of over 11,000 workers based on a flawed Report’. SC forms new Committee to put an end to the long drawn LIC versus temporary employees battle

Supreme court: In a long ongoing battle between Life Insurance Corporation of India (LIC) and its temporary/badli/part-time employees over claim for absorption,

Case Briefs High Courts

For determining land acquisition compensation, market value, if any, specified in Stamp Act for registration of Sale Deed and/or Agreement of Sale has to be considered: Bom HC

Bombay High Court: The Division Bench of S.V. Gangapurwala and Vinay Joshi, JJ., expressed that only because 83% of the property for

Case Briefs High Courts

Ori HC | Writ Court cannot pronounce on a legal right of petitioner who is a consumer for wrongful disconnection of electricity to receive compensation

Orissa High Court: Narendra Kumar Vyas, J., directed the petitioner to approach Civil Court as the writ court cannot pronounce the legal

Case Briefs High Courts

[Motor Accident Case] Determination of a just compensation cannot be equated to be a bonanza: Bom HC

Bombay High Court: Addressing a dispute with regard to the percentage of permanent disability and determination of compensation, Shrikant D. Kulkarni, J.,