It must be remembered that an easement is a specific right subtracted from the general rights constituting ownership of one property and attached to the ownership of another property. In the language […]
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of […]
First speech delivered by an elected member in the parliament. Maiden simply means the ‘First’ such as : Maiden business Maiden assessment of tax
PART V Article55 Specific legal regime of the exclusive economic zone The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established […]
CONTENTS PREAMBLE PART I. INTRODUCTION Article 1. Use of terms and scope PART II. TERRITORIAL SEA AND CONTIGUOUS ZONE SECTION 1. GENERAL PROVISIONS Article 2. Legal status of the territorial sea, of […]
The Reserve Bank of India decided to transfer an interim dividend of Rs 28,000 crore to the government in the financial year 2018-19
“Based on a limited audit review and after applying the extant economic capital framework, the board decided to transfer an interim surplus of Rs 28,000 crore to the central government for the […]
Under the law of torts, the Civil Court can award damages if civil wrong of malicious prosecution is proved.
In order to award damages the plaintiff is required to prove that the person who instituted the suit was prosecuted by the defendants in the Criminal Court. But, there is no law […]
The Employees Insurance Act has been enacted to provide certain benefits to the employees in case of sickness, maternity and employment injury and make provisions in respect thereof. Under this Act contribution […]
it is clear that the respondent could not make a claim for damages. Section 53 disentitles an employee who has suffered an employment injury from receiving or recovering compensation or damages under the Workmen’s Compensation Act or any other law for the time being in force or otherwise. The use of the expression “or otherwise” would clearly indicate that this section is not limited to ousting the relief claimed only under any statute but the wordings of the section are such that an insured person would not be entitled to make a claim in Torts which has the force of law under the Employees Insurance Act. Even though the Employees Insurance Act is a beneficial legislation the Legislature Had thought it fit to prohibit an insured person from receiving or recovering compensation or damages under any other law, including Torts, in cases where the injury had been sustained by him is an employment injury.
The decisions of the Supreme Court have thus settled the legal position insofar as payment of compensation on no fault basis u/s 92-A of the old Act and Section 140 of the Motor Vehicles Act, 1988 is concerned. Regardless whether the person injured or killed in a road accident was himself partially or wholly responsible for the accident, compensation under the said provision is payable to the victim or his legal heirs.