Tort Law – Accident – Computation of Compensation for Permanent Disability – Maintainability of Writ Petition – Strict Liability – Contributory Negligence – Delays and Laches – Remedy in Public Law – Monetary relief / compensation / damages – Non-monetary relief by way of directions.
Motor Vehicles Act, 1988 – S. 166 – the claim petition was for total sum of Rs.95,00,000/-. Instead of making the minute calculation undertaken by the High Court, it is just and proper to award a sum of Rs.95,00,000/- as total compensation. There is no question of deduction of any amount out of this total amount of compensation of Rs.95,00,000/-. AIR 2021 SC 3792
Code of Criminal Procedure, 1973 – Section 357 – Order to Pay Compensation – Condition for payment of compensation for grant of bail – the… Read More »Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia v. State of Gujarat
The Motor Vehicles Act, 1988 – The Workmen’s Compensation Act, 1923 – Both the Acts aim at providing for expeditious relief to the victims of accident. In these cases, the accidents took place by reason of use of motor vehicles. Both the statutes are beneficial ones for the workmen as also the third parties. The benefits thereof are available only to the persons specified under the Act besides under the Contract of Insurance. The statutes, therefore, deserve liberal construction. The legislative intent contained therein is required to be interpreted with a view to give effect thereto.Read More »Motor Accident Claims | Oriental Insurance v. Mohd. Nasir, C.A. No. 3486 of 2009 SC