compensation Archives

Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains

Kerala High Court: The Division Bench of C.T. Ravikumar and K. Haripal, JJ., partially allowed the instant appeal challenging the correctness of

Case Briefs Supreme Court

Conception that housemakers do not add economic value to the household is “a problematic idea”; Future prospect must be granted in case of motor accident of a non-earning victim: SC

The principle of awarding of future prospects must apply with equal vigor in case of non-earning victims of motor accidents, particularly with respect to homemakers.

Case Briefs Supreme Court

Can subsequent death of a dependent be a reason for reduction of motor accident compensation? Supreme Court answers

“Any compensation awarded by a Court ought to be just, reasonable and consequently must undoubtedly be guided by principles of fairness, equity, and good conscience.”

Case Briefs High Courts

P&H HC | Is there any provision of Negotiable Instruments Act that refers to any pre-condition for availing a valuable right of first appeal? HC elaborates

Punjab and Haryana High Court: Gurvinder Singh Gill, J., observed that, Right to appeal against conviction is an invaluable statutory right vested upon

Case Briefs High Courts

Ker HC | Unless injury complained of had connection with employment in which deceased was engaged, he cannot make a legal claim for compensation; HC reiterates legal position

Kerala High Court: T.V. Anilkumar, J., allowed the instant appeal against the impugned order of Commissioner for Workmen’s Compensation, Thiruvananthapuram. The brief

Case Briefs High Courts

Ker HC | The aim of compensation is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record; HC reiterates legal position

Kerala High Court: Anil K, Narendran, J., allowed this Motor Accident Claim Appeal filed against the order of Motor Accidents Claims Tribunal.

Case Briefs High Courts

Bom HC | Whether separate earnings of a widow disentitle her from claiming compensation in a case of a vehicular accident? Read the interesting aspects: Whether remarriage, number of dependents, etc. will have an impact in claim petitions

Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has

Case Briefs Supreme Court

Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers

Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Who can invoke jurisdiction of NGT under Ss. 14, 15 of NGT Act? Tribunal answers

National Green Tribunal (NGT), Principal Bench, New Delhi: The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member)

Case Briefs High Courts

[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed

Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the

Case Briefs High Courts

Kar HC | Land falling within the category of 21(2) (a) Karnataka Land Revenue Rules, 1996 is not a government land but has private ownership; Compensation Granted

Karnataka High Court: Sachin Shankar Magadum J., disposed off the petition granting compensation to the petitioners as the defaulting land fell under

Case Briefs High Courts

[MV Act] Kar HC | Will absence of valid and effective DL by the offending driver absolve insurance company to pay compensation? “Pay and Recover” principle applied

Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the “pay and recover” principle.

Case Briefs High Courts

All HC | Whether res judicata will apply where issue of negligence already decided by competent Tribunal in claim arising out of same accident? Court examines

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., while addressing the matter observed that: “…where there are multiple claims, MACT should place all

Case Briefs High Courts

[MV Act] Kar HC | Will the insurance company be liable for compensation if the vehicle was insured as ‘private vehicle’ but plyed on ‘hire’ at the time of accident? HC decides

Karnataka High Court: Hemant Chandangoudar J., dismissed the appeal and upheld the impugned award and judgment regarding compensation. The facts of the

Case Briefs High Courts

Ker HC | Interest on solatium provided under Land Acquisition Act applies unequivocally to acquisition made under NHAI Act

Kerala High Court: Raja Vijayaraghavan V J., allowing the present writ petition, held that the provisions for compensation and payment of interest

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can a consumer claim refund of principal amount if flat not delivered on time? Commission untangles two fundamentals for Buyer — Consumer

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Justice R.K. Agarwal (President) and Dr S.M. Kantikar (Member) decided three complaints in

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can driving a motor cycle without taking orientation desired by owner and resulting in accident be equated with intentional self-injury? Read Commission’s opinion

National Consumer Disputes Redressal Commission (NCDRC): V. K. Jain (Presiding Member) while addressing the present matter observed that, A negligent act such as

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | On suffering a bad outcome from medical treatment, will a person have an automatic right to sue for compensation? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), upheld the State Commission’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | What is the scope of courier service provider’s liability for a lost cheque? Commission considers

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member), addressed a complaint wherein a person who had sent a cheque through

Case Briefs High Courts

Madras HC | Order of Motor Accident Claims Tribunal modified; Court doubles the compensation finding it erroneous

Madras High Court: Abdul Quddhose, J., partly allowed an appeal that had been filed by the claimants seeking enhancement of compensation granted