compensation Archives | Page 4 of 23

Madras High Court directs MoHFW to issue circular to all hospitals to find out blood alcohol level in drunk driving cases

Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC sets aside SCDRC’s Rs 1 Lakh compensation order against Honda Cars due to lack of expert opinion on non-deployment of the airbags

NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.

Case Briefs High Courts

Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme

Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.

Case Briefs High Courts

Chhattisgarh HC directs Advocate General to seek information about non-payment of compensation to victims’ parents/victims of sexual offences

The report states that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim, till date.

Case Briefs High Courts

‘Pay Rs 5 lakh compensation each to two acid attack victims’; Delhi High Court directs DSLSA to bring forward employment prospects in Department of Delhi Govt

In cases of heinous crimes such like rape and acid attack, conviction can be solely premised upon the testimony of the victim/prosecutrix, but the deposition must be trustworthy, unblemished, credible, and sterling quality.

Case Briefs High Courts

Rajasthan High Court affirms constable recruitment candidature of woman rejected in PST due to height discrepancy; orders Rs. 1 Lakh compensation

Rajasthan High Court directed the respondents to pay compensation of Rs. 1,00,000 for the mental agony and litigation costs incurred due to the incorrect measurement of her height during the Physical Standard Test.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal Roundup December 2023 to March 2024| Top Stories on Ajit Pawar, ZEE Business, Uber Fares, Deficiency in services by Samsung India, Matrimony.com and more

Demand of service tax u/s 73-A of Finance Act, 1994 incorrect when broadcaster’s service tax is collected and not retained: CESTAT reiterates

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup March 2024 | Electoral Bonds; Celebratory firing; Permanent Commission to Woman SSC Officer; Compensation to NEET UG Candidates

The month of March began with a setback to MPs/ MLAs with Supreme Court stripping them off their immunity if they cast vote after taking bribes and continued with opening the pandora’s box of ‘electoral bonds’ kept safely with SBI.

Case Briefs High Courts

Counsel cannot claim any share out of the fruits of litigation from their client as fee; Such an action amounts to professional misconduct: J&K and Ladakh HC

The High Court strictly noted that such a conduct is unbecoming for a person belonging to legal profession and also reprimanded the Tribunal for withholding the compensation from the petitioner due to a fee dispute between a layer and their client.

Case Briefs High Courts

Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case

The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.

Case Briefs Supreme Court

Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve

“Severance of employer — employee relationship can never be said to be an easy choice, for it not only results in the employee losing his livelihood, but also affects those who depend on him for their survival. And if the employer is the Indian Army, the loss is even greater, since it has the effect of suddenly displacing a soldier from the regimented lifestyle of the military”

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dead Cockroach in Soup and Expired Bread; DCDRC directs IRCTC and on-board caterers to compensate for mental agony caused due to serving of unhygienic food

What promised to be a comfort bowl of hot soup and bread, turned out to be an unhygienic mess for the complainant and his family travelling in Executive Class coach of New Delhi to Chandigarh Shatabdi Express.

Experts Corner Vasanth Rajasekaran

Damages in Construction Contracts: Legal Issues Surrounding Use of Standard Formulae

by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 22

Case Briefs High Courts

‘Heart breaking, nerve cracking incident’: Rajasthan HC grants Rs. 4 lakh compensation to a woman who gave birth to twins in middle of the road

“There can be no second opinion that preservation of human life is of paramount consideration. This is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man.”

Case Briefs Supreme Court

SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’

“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”

Case Briefs High Courts

‘Pay additional Rs 20 lakhs compensation to families of people who died due to manual scavenging’; Delhi HC directs Union of India

“When a person approaches the court and gets a declaration of law in his favour, it is expected that the State shall extend the same benefit to all the similarly situated persons without forcing those persons to approach the court of law.”

Case Briefs High Courts

Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC

“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”

Case Briefs High Courts

Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction

Calcutta High Court noted that the previous judgments and record of rights post-vesting supports petitioners’ claim for compensation.

Case Briefs High Courts

Know why Karnataka High Court held a pillion rider liable for contributory negligence towards her accident

The High Court also held that the claimant is entitled to only 80% of the total compensation amount determined and is also not entitled for compensation towards loss of future earnings due to disability.

Case Briefs High Courts

‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-

The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.