Motor Accident Claims—The Supreme Court in this case dealt with an appeal arising from a claim for compensation following the grievous injury and amputation of the claimant-appellant’s right leg in a road accident—The appellant, a self-employed individual, sought compensation under the Motor Vehicles Act, 1988—The Motor Accident Claims Tribunal (MACT) awarded Rs.6,70,000/- based on a notional income of Rs.6,000/- per month, which was challenged by the claimant as insufficient—The High Court enhanced the compensation to Rs.10,10,004/-, but the appellant, dissatisfied with both the assessment of his income, disability, and age, approached the Supreme Court. Motor Accident Claims—The Supreme Court found the determination of the appellant’s functional disability to be inadequate, given the severe i...
Land Acquisition Act 1894, Section 30—Compensation in land acquisition—The Supreme Court emphasized the importance of fair and prompt compensation in land acquisition cases, stressing that the right to property, though no longer a Fundamental Right under the Constitution (Forty-Fourth Amendment) Act, 1978, remains a constitutional right under Article 300-A—The Court highlighted that the State, as a welfare entity, is obligated to provide timely compensation for land acquired under its eminent domain powers, as it is a constitutional and human right—In this case, the State of Himachal Pradesh delayed compensation payments for over two years after the landowners' land was acquired under urgency powers—The Court further emphasized that the acquisition process should be followed by prompt compensation payment...
Accident Claims. (A) Constitution of India, Article 136—Motor Vehicles Act, 1988, Section 173—Appeal by claimants to impugn order which dismissed claim petition—MACT assessed the compensation to hold that the appellants are entitled to a total compensation of Rs. 46,31,496/-—However, the claim petition was dismissed on the ground that the appellants have failed to prove that the accident occurred due to negligent driving of respondent no. 2/driver, nor it is proved that the car was involved in the accident—The said findings have been affirmed by the High Court—The courts below have recorded the finding of noninvolvement of the car in the accident by disbelieving the eyewitness, PW-6 only on the ground that in the police investigation, he was not examined as an eyewitness—A witness who is otherw...
Liability to pay compensation. Land Acquisition Act, 1894, Sections 4 and 17(4)—SLP by beneficiary to reduce land acquisition compensation—During the pendency of the acquisition proceedings, JAL entered into an agreement with the Appellant herein for the transfer of the cement project in question—In this regard, a Scheme of Arrangement was signed between the Appellant, JAL and Jaypee Cement Corporation Ltd. (the unit of JAL operating the cement project) (the "Scheme") under the relevant provisions of the Companies Act, 1956—The Scheme was approved by the National Company Law Tribunal ("NCLT") Mumbai Bench on 15.02.2017 and NCLT Allahabad Bench on 02.03.2017—even before the amount of compensation could be determined by way of a supplementary award as stipulated in the Award dated 08.06.2...
Motor Vehicles Act, 1988—Section 173—Bus Accident—Compensation Awarded—Delhi High Court affirmed the decision of the Motor Accident Claims Tribunal, finding the driver of a bus liable for a collision resulting in injuries to the claimant—The Tribunal's assessment of compensation was increased from Rs. 9,09,623.81 to Rs. 18,24,238, considering loss of future earning capacity, pain and suffering, medical expenses, conveyance, special diet, and attendant charges—The Court emphasized the need for careful evaluation of evidence and adherence to legal principles in determining compensation for motor vehicle accidents. ...
Appointment as a primary school teacher—Awarded compensation—The appellant sought appointment as a primary school teacher but was denied based on a new interpretation of qualification criteria by the Institute—Despite the arbitrary action, the school for which the vacancy was advertised had closed by the time of the court's decision—While acknowledging the limitations of time in judicial proceedings, the court set aside the Institute's action and awarded Rs.1,00,000/- as compensation to the appellant, considering it as an alternative restitutory measure—The court emphasized the importance of upholding justice even in the face of procedural delays, highlighting the need for systemic improvements to address such challenges in the judicial process—The decision reflects a commitment to redress griev...
Industrial Disputes Act, 1947 – Sections 2(j), 2(s), 17B, 25F and 25G — Universities Act, 1994—Section 59—Awarded lump-sum compensation—The petitioner-school challenged the Labour Court's award directing the reinstatement of the respondent, a contractual employee, with full back wages—The court noted the absence of a termination order and the respondent's continuous service until March 31, 2016—Dismissing the jurisdiction objection, the court relied on Balasaheb Dagadu Yeole, asserting the Labour Court's competence—The petitioner argued non-extension, not termination, of the contract, while the respondent claimed illegal termination—Despite noting unsatisfactory memos, the court found discontinuation due to unauthorized absence—It deemed reinstatement inappropriate bu...
Motor Vehicles Act, 1988, Section 140, 166—Compensation—Award by the Motor Accident Claims—The court, addressing two appeals challenging an Award by the Motor Accident Claims Tribunal, upheld the compensation of Rs.15,49,324 awarded to the claimants—One appellant, Sh. Indiwar Parijat, claimed he sold the vehicle before the accident, but the court held the registered owner remains liable unless the transfer is registered—The court rejected Parijat's appeal, emphasizing the owner's responsibility—Another appellant, Sh. Rohit Rana, a minor during the accident, was found not liable—The court set aside the Tribunal's decision allowing the insurance company to recover from Rana—The decision clarifies the registered owner's ongoing liability and the inability to shift responsibility...
(A) Motor Vehicles Act, 198, Section 173, Section 166—Motor Accident Appeal—Award of compensation—Against compensation awarded to claimants—Accident involved scooter (HP-33A-5625) driven by Jagat Ram, causing death of Praveen Kumar—Insurance Co. disputes quantum, claiming irregularities in assessing deceased's income—Claimants, Praveen's family, allege rash and negligent driving—Witnesses support claim; FIR registers offense—Insurance Co. questions evidence, demands appeal dismissal or modification—Praveen's monthly income disputed, court favors claimants' evidence—Respondents fail to establish contributory negligence—Court upholds award; no appeal filed by claimants—Appeal dismissed; no enhancement without appeal—Decision highligh...
Employee's Compensation Act, 1923—Sought compensation—Insurance Company challenged—Entitling compensation— Commercial vehicle—Commissioner allowed—Due to the death of Sumer Singh, a truck driver, while on duty—Commissioner awarded compensation, but the Insurance Company challenged it—High Court ruled in favor of the Insurance Company—Supreme Court, referring to previous cases—Upheld the Commissioner's decision, Stating that the nature of Sumer Singh's employment contributed to his death—High Court's decision was overturned—Commissioner's order was restored—Entitling appellants to compensation. ...
Motor Vehicles Act, 1988 Sections 166, 140—Appellant—Widow—Aought to increase the compensation awarded by the Motor Accidents Claims Tribunal for her husband's death in a motor accident—Court increased the monthly income of the deceased based on prevailing rates—Reduced personal expense deductions to 1/3, and maintained a 7.5% interest rate—Total compensation was set at Rs. 8,44,508, and any prior payments would be adjusted—Appeal was partially allowed in favor of the appellant. ...
Motor Vehicles Act, 1988, Sections 166 and 173—Aappeal sought an increase in compensation—The original compensation awarded was Rs. 4,01,128—Tribunal had wrongly deducted 50% of the deceased's income for pension benefits from the awarded amount. However, it is established that only income tax and professional tax can be deducted from a salaried employee's compensation. The deduction for pensionary benefits was incorrect. The deceased, aged 32 at the time of the accident, should also be entitled to 50% future prospects—Consortium amount for claimants was added—Consequently, the recalculated compensation awarded is Rs. 12,72,000, representing an enhancement. (Paragraphs: 1, 7-11) ...
Motor Vehicles Act, 1988—Sections 166 and 173 were invoked in an appeal challenging an award—The issue at hand was the determination of contributory negligence—Whether it amounted to 25% or 100%—In this case, the accident involved a rear-end collision—The Tribunal had deducted 25% from the total compensation—Considering the deceased's contributory negligence—Arriving at a compensation sum of Rs. 71,07,348 with interest—The absence of an eyewitness to the accident was noted—However, a written statement on page 29 provided crucial information—It revealed that the driver of a water tanker had abruptly applied brakes—Causing the deceased's scooty, which was behind the water tanker—To collide with it. The offending driver had failed to exercise due care—Preca...
Award of compound interest — Consumer Protection Act 1986 S. 14(1)(d) — Award of compound interest by Consumer Forum — Justification of — On facts, consumer complaints by the complainant-respondent alleging deficiency of service on the part of the appellants-builder for having failed to deliver the possession of three flats booked by her, even after expiry of the agreed period and despite the fact that she had admittedly made payment of 60% of the total sale consideration — Dismissed by the District Forum — However, the State Commission awarded compound interest in favor of the respondent @ 14 %, relying upon Dr. Manjeet Kaur Monga’s case — National Commission upheld the same — On appeal, held: State Commission and the National Commission passed rather assumptive orders on the bas...
Motor Vehicles Act, 1988, Sections 166, 173—Code of Civil Procedure, 1908 Order XLI rule 22, Section 39—Supreme Court allowed an appeal challenging the High Court's decision regarding the maintainability of a cross-objection in a motor vehicle accident compensation case—The case involved an accident where the insurance company contested its liability for compensation—High Court had ruled that the claimants' cross-objection was not maintainable because the insurance company did not challenge the compensation amount—However, the Supreme Court held that cross-objections should be allowed in such cases, and the matter was remitted to the High Court for a decision on the cross-objection. No costs were awarded. ...
Arbitration and Conciliation Act, 1996—Section 34—National Highways Act, 1956—Section 3J—Land Acquisition Act, 1894—Sections 23 and 28—Constitution of India, 1950—Article 14 —The case concerns the application of compensation provisions under the National Highways Act, 1956, Land Acquisition Act, 1894, and their alignment with Article 14 of the Constitution of India (right to equality)—It specifically deals with the solatium and interest payable to landowners whose land is acquired for public purposes. Arbitration and Conciliation Act, 1996—Section 34—National Highways Act, 1956—Section 3J—Land Acquisition Act, 1894—Sections 23 and 28—Constitution of India, 1950—Article 14 —Under the Land Acquisition Act, compensation includes...
State of Punjab appeals a judgment from the High Court of Punjab & Haryana regarding compensation for fruit trees on acquired land—Land was acquired for a hydel channel, and compensation was disputed—The High Court ruled in favor of the respondent, awarding compensation of Rs. 5,77,377/-. The State contested this, arguing that the evidence wasn't properly considered—The Supreme Court found discrepancies in the evidence and remitted the case back to the High Court for a fresh review. The High Court's judgment was set aside. ...
Specific Relief Act, 1963—Section 21—Award of compensation—Ends of justice be served in awarding compensation of ` 10 lakh in favour of plaintiff-appellants out of compensation received consequent to acquisition of suit land. ...
Motor Accident Claims Tribunal in Delhi awarded Rs. 44,33,000 with interest to the appellants/claimants, but the High Court, on the appeal of the Insurance Company, reduced the compensation to Rs. 13,97,000. The appellants approached the Supreme Court, which, after reviewing the judgments and case circumstances, set aside the High Court's order and restored the Tribunal's decision. The appeal was disposed of accordingly. ...
Motor Vehicles Act, 1988—Section 166—Claim petition under Section 166 of the Motor Vehicles Act, the tribunal and the High Court awarded compensation for the death of the claimants' son. The appellants, parents of the deceased, were held to be dependents, and a deduction of 1/3rd was made for personal and living expenses. The Supreme Court, considering the deceased's bachelor status and the claimants being parents, held that a 50% deduction was appropriate. Using a multiplier of 18 based on the deceased's age, the revised compensation amount was Rs. 20,64,800/-. The appellants were granted this revised compensation with 6% interest from the claim petition filing date. The appeal was allowed. ...
Railway Claims Tribunal Act, 1987—Section 13, Section 16—Appeal was filed against a judgment and order by the High Court of Andhra Pradesh, which had set aside the compensation awarded by the Railway Claims Tribunal. The Tribunal had considered the claim and the evidence and awarded Rs. 4 lakhs in compensation to the petitioner. The High Court's decision to overturn the Tribunal's order was deemed unjustified. Therefore, the High Court's judgment and order were set aside, and the Tribunal's order was restored, resulting in the appeal being allowed. ...
Motor Vehicles Act, 1988—Section 170—Appeal was filed by claimants contesting the judgment and award passed by the High Court, which affirmed the Tribunal's compensation of Rs. 2,00,000 along with interest at 6% per annum. After considering all expenses incurred for funeral and ceremonies, loss of love and affection, the court awarded an additional Rs. 50,000, making the total compensation Rs. 10,48,400. It further directed the Insurance Company to deposit 50% of the awarded amount with interest in a Nationalized Bank of the claimants' choice for 3 years. The appeal was allowed with the modified compensation and interest. ...
Consumer Protection Act, 1986—Section 12, 21, 24A, 24- A(2)—Constitution of India, 1950—Article 226—Award of compensation—National Consumer Disputes Redressal Commission (National Commission) had taken an extremely narrow and pedantic approach regarding the issue of limitation, leading to the dismissal of a complaint filed by the appellant—The complaint was filed by the appellant seeking compensation for the death of her husband due to burn injuries caused by a transformer explosion—The appellant initially tried to seek compensation through a civil suit, a writ petition, and a special leave petition (SLP) but was unsuccessful—Subsequently, she filed a complaint under the Consumer Protection Act, 1986—The National Commission dismissed the complaint as being barred by time, stating that ...
Constitution of India, 1950—Article 21, Article 22, Article 226, Article 32—Delhi that quashed criminal proceedings initiated against two individuals under Sections 107/151 of the Code of Criminal Procedure. The High Court also directed the Central Bureau of Investigation (CBI) to investigate the case based on the individuals' allegations against the appellants. The High Court awarded compensation to the individuals for alleged wrongful confinement. The Supreme Court found that the High Court had violated the principles of natural justice by not providing the appellants an opportunity to be heard and set aside the judgment. The Court also disapproved of the casual manner in which the High Court had directed CBI investigations in similar cases and highlighted the need for a genuine and justified reason for such a directive....
Motor Vehicles Act, 1988—Section 140, Section 141, Section 168(1)—Award of compensation—"In a motor accident compensation case, the Appellate Court overturns the deduction of family pension from the dependency amount awarded by the Motor Accidents Claims Tribunal—The Court rules that family pension and compensation are unrelated, and the former should not be subtracted from the latter in dependency calculations—The decision emphasizes the lack of correlation between family pension and compensation, resulting in the allowance of the appeal and a correction of the dependency calculation." ...
Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 357—Power to award compensation, which is not ancillary to other sentences but is in addition to them—The statutory silence in the CrPC does not preclude the application of principles of natural justice—Even in the absence of explicit provisions, the court, being judicial or quasi-judicial, has the inherent power to adopt modalities necessary for ensuring fairness and adherence to natural justice—The use of the term "may" in the statute indicates a permissible sense rather than an obligation—Therefore, when an appellate court intends to award compensation, it must grant an opportunity of hearing to consider relevant aspects such as the need for compensation and the...
Land Acquisition Act, 1894—Section 11, Section 11A—Proceedings did not lapse due to non-compliance with Section 11A of the Land Acquisition Act, 1894—The High Court's ruling, based on the absence of a unified award covering land, structures, and trees, is rejected—Citing precedent, the Court determines that the award, though lacking compensation for structures and trees, is valid under Section 11—The Court affirms the necessity of claiming compensation separately for structures and trees—Accordingly, the appeals are allowed, and the High Court's orders are set aside, with no costs incurred. ...
Motor Vehicles Act, 1939—Section 110A—Award of compensation—Beldar, lost his right leg due to a road-roller accident caused by negligence—He filed a claim seeking Rs. 5,30,000/- before the Motor Accident Claims Tribunal, which awarded Rs. 1,45,000/-—The respondents, road-roller owners, appealed, arguing the compensation should be Rs. 85,000/-—The High Court reduced it, citing potential compensation from the Workmen's Compensation Commissioner—However, the Supreme Court disagreed, noting the seriousness of the accident and the claimant's young age of 18—It restored the Tribunal's award, emphasizing the gravity of the appellant's lifelong impairment and the inadequacy of the initial compensation—Thus, the appeal was allowed, and the High Court's judgment was set aside...
Land Acquisition Act, 1894—Section 23(1A)—Supreme Court reviews a land acquisition case involving the establishment of a water treatment plant and allied purposes—Disagreeing with the Division Bench's flat rate compensation, the Court reinstates belting principles—It awards Rs. 1,50,000/- per acre up to 100 yards from the road and Rs. 80,000/- per acre for the remaining land—Rejecting the claim for additional payment under Section 23(1-A), the Court grants a 30% solatium and interest on enhanced market value—The decision underscores the importance of evidence-based compensation assessment and fair treatment of claimants. ...
Land Acquisition Act, 1894—Section—4(1)—Compensation awards were contested in court—The High Court affirmed an earlier decision but upon review, the Supreme Court adjusted market values to reflect prevailing rates at the time of notification—Compensation was set at Rs. 4,875/- and Rs. 6,375/- per bigha—The claimants were granted statutory benefits under Amendment Act 68 of 1984, including 30% solatium, 9% interest for one year, and 15% thereafter from the date of possession till payment—Additionally, they were entitled to 12% of the additional amount under Section 23(1-A) of the Act—The appellants were instructed to deposit the adjusted amount within eight months. ...