HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more
A quick legal roundup to cover important stories from all High Courts in April 2023
compensation
![district consumer disputes redressal commission [dcdrc], kamrup](https://www.scconline.com/blog/wp-content/uploads/2023/05/district-consumer-disputes-redressal-commission-dcdrc-kamrup-440x293.webp)
DCDRC directs 67K compensation for a movie goer who suffered a rodent bite while watching movie with her family in Galleria Cinema Hall
The Commission found that the management of Galleria Cinemas was negligent for not ensuring proper hygienic conditions for their viewers.
Madras High Court grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation
Madras High Court said that the people of the country who co-operate by offering themselves voluntarily for sterilization reasonably expect that after undergoing the operation, they would be able to avoid further pregnancy and consequent birth of additional child.
DCDRC directs restaurant to pay Rs 40,000 as compensation for ordeal sustained by the complainant due to its failure to deliver ‘Sadya’ on Thiruonam day
The Commission observed that Malayalis have sentimental attachment towards ‘Thiruonam Sadya’; therefore, waiting for a long time and eventually not getting the ‘Sadya’ can be quite frustrating.
[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case
“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.
Consumer Forums cannot award Compound Interest as Compensation under Consumer Protection Act, 1986 in Real Estate Disputes: SC
The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.
State cannot escape liability for violation of environmental norms; NGT grants Compensation of Rs. 20 lakhs to successor of deceased
National Green Tribunal said that the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the entity.
[Sambhal cold storage collapse incident] NGT orders compensation to heirs of deceased and injured persons
If the business entity involved in hazardous activities fails to pay compensation, the State is liable to pay for the failure to ensure safety. Citizens are entitled to safety from hazards of business activities having potential for incidents which may cause death and injuries.
State cannot escape liability for violation of environmental norms and negligence by its authorities; responsible to compensate the victims of illegal mining: NGT
NGT said that though basic liability is of violator of law, where law violator is not made to pay compensation, the State is liable to pay compensation as per its duty as a welfare State
Madras HC directs State to pay Rs. 2 Lakh compensation to woman falsely accused of immoral trafficking
Madras High Court held that the right of privacy and reputation of the petitioner have been sullied by the act of the police officials for which the State is certainly responsible.
Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation
Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.
Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers
While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company
Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?
The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.
Manipur High Court grants around Rs. 29 lakhs as compensation to the family of the deceased
The Manipur High Court held that the appropriate multiplier for deceased, aged 35 years should be 16 in place of 17 for calculation of compensation in cases under Motor Vehicles Act, 1988.
Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case
The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.
Top 14 Rulings from Tribunals, Commissions, Regulatory Authorities: Shiv Sena Party Symbol Dispute, Income Tax Act, Medical Negligence and more| February 2023 Roundup
This roundup contains many interesting rulings including the Shiv Sena Party Name and Symbol Dispute, Negligence committed by doctors and Compensation therein, Amendment to Section 178(6) of the Income Tax Act, Initiation of the Corporate Insolvency Resolution Process and more.
Delhi High Court lays down guidelines for convicts suffering work related amputation or life-threatening injury in jail
As there was no monitoring or remedial mechanism available to address the legitimate grievances and prayers for being compensated for work related injuries sustained by a convict-inmate while serving sentence, the Delhi High Court laid down certain guidelines that would be applicable only in the case of amputation, or any other life-threatening injury, arising out of work-related injury, sustained by the convict.
Bombay High Court grants Rs 5 lakhs compensation to a cleaner who worked for 26 years for paltry wages
The petitioner was engaged to undertake the cleaning and sweeping of the Government office premises for almost 26 years and was being paid much less than even the minimum wages paid to manual labourers. The Bombay High Court said that it t is a fit case where the State should compensate the Petitioner for violating her rights under Articles 14, 21 and 23 of the Constitution of India.
Madras High Court grants Rs.10 lakhs compensation to victims suffered burn injuries due to illegal waste management
The damage and injury suffered by the children can very well be imagined. They have suffered disfiguration, lost friendship and company and suffered studies . Their marital prospects have become a serious question mark. No amount of compensation can give back what they lost. Considering the overall facts and circumstances, the Court granted them compensation of Rs. 10.00 lakhs each.