United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

KEYWORDS:-Private Tour Operators-Quota for the Hajj-Hajj policy- DATE:-May 07, 2018 "It was also emphasized that it is a sound policy to punish the wrongdoer and it is in that spirit that the courts have molded the relief by granting compensation in exercise of writ jurisdiction". SUPREME COURT OF INDIA United Air Travel Services through its … Continue reading United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

Malay Kumar Ganguly vs Sukumar Mukherjee & Ors [ALL SC 2009 AUGUST]

KEYWORDS:- MEDICAL NEGLIGENCE-mandatory compensation-doctrine of the cumulative effect- DATE: 7 August, 2009 The doctrine of cumulative effect is not available in criminal law- "for the death of Anuradha although Dr. Mukherjee, Dr. Halder, Dr. Abani Roy Chowdhury, AMRI, Dr. B. Prasad were negligent, the extent thereof and keeping in view our observations made hereinbefore, it … Continue reading Malay Kumar Ganguly vs Sukumar Mukherjee & Ors [ALL SC 2009 AUGUST]

Pappu and Ors. Vs. Vinod Kumar Lamba and ANR [SC 2018 January]

KEYWORDS :- Insurance-Fault Liability-Motor Accident Claim-Authorised person- DATE : January 19, 2018 ACTS:- Motor Vehicles Act, 1988-Sections 165 and 168 SUPREME COURT OF INDIA Pappu and Ors. Vs. Vinod Kumar Lamba and ANR. [Civil Appeal No. 20962 of 2017 arising out of SLP(C) No.29032 of 2015] A.M. Khanwilkar, J. 1. This appeal questions the legality and tenability of … Continue reading Pappu and Ors. Vs. Vinod Kumar Lamba and ANR [SC 2018 January]

National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]

KEYWORDS:- MOTOR VEHICLE CLAIM- DATE:-05-01-2004- If a vehicle at the time of accident was driven by a person having a learner’s licence, the insurance companies would be liable to satisfy the decree. AIR 2004 SC 1531 : (2004) 1 SCR 180 : (2004) 3 SCC 297 : JT 2004 (1) SC 109 : (2004) 1 … Continue reading National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]

Susme Builders Pvt. Ltd. Vs. Chief Executive Officer, Slum Rehabilitation Authority and Ors.[SC 2018 JANUARY]

KEYWORDS:-Slum-Compensation-Article 142 of the Constitution- DATE:-January 04, 2018- When a slum, owned by any authority or person, is handed over to the developer, in addition to rehabilitating the slum dwellers, the developer also has to compensate the owner. This is a case where the earlier Bench of this Court had invoked its power under Article … Continue reading Susme Builders Pvt. Ltd. Vs. Chief Executive Officer, Slum Rehabilitation Authority and Ors.[SC 2018 JANUARY]

A.V. Subramanian Vs. Union of India and ANR [SC 2017 JANUARY]

KEYWORDS:- COMPENSATION- We hold that the appellant shall be entitled to the benefit of the judgment of this court  IN Pattammal & Others. v. Union of India and Anotherdated 08.11.2005 passed in Civil Appeal No.1500 of 2004. DATE:-JANUARY 10, 2017 SUPREME COURT OF INDIA [Civil Appeal No(S). 303 of 2017 arising from SLP (C) No. … Continue reading A.V. Subramanian Vs. Union of India and ANR [SC 2017 JANUARY]

Laxmidhar Nayak and Ors. Vs. Jugal Kishore Behera and Ors.[SC 2017 November]

KEYWORDS: COMPENSATION As per the decision of the Constitution Bench in National Insurance Company Limited v. Pranay Sethi and Others 2017 (13) SCALE 12, compensation of Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses is awarded. Thus total compensation awarded to the claimants is enhanced to Rs.5,34,000/- payable with interest at the rate … Continue reading Laxmidhar Nayak and Ors. Vs. Jugal Kishore Behera and Ors.[SC 2017 November]

Ismail Hushen Ghanchi Vs. National Highways Authority of India[SC 2017 November]

KEYWORD: Award of compensation- The compensation in respect of the land acquired from the appellants shall be worked out only on the basis of the calculation based on the return from the fruit-bearing trees, as calculated by the Reference Court.  On the compensation thus calculated, the appellants shall be entitled to additional compensation and solatium. … Continue reading Ismail Hushen Ghanchi Vs. National Highways Authority of India[SC 2017 November]

Ankur Kapoor Vs. Oriental Insurance Company Ltd.[SC 2017]

Date: November 06, 2017 • Keywords:-Motor Accident claim-The Motor Accident Claims Tribunal-composite negligence -liability to pay . The appellant sustained a grievous injury to his right arm which resulted in permanent disability to the extent of 50% to his right arm. The Tribunal as well as the High Court have not quantified the compensation under separate heads, … Continue reading Ankur Kapoor Vs. Oriental Insurance Company Ltd.[SC 2017]

Interim Compensation under Sec.357(1) & (3) and 357A of the Code of Criminal Procedure

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) :- victim of acid attack is entitled to compensation Laxmi Vs. Union of India and other Compensation under article 21 of  Constitution for offence of rape which involves violation fundamental rights Protection of Woman From Domestic Violence Act :- Fatal Accident Act, 1855 :- Motor Vehicles Act, 1988 … Continue reading Interim Compensation under Sec.357(1) & (3) and 357A of the Code of Criminal Procedure

Compensation vs State Sovereignty

Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour … Continue reading Compensation vs State Sovereignty

Victimology

Law Library whether Courts have a duty to advert to the question of awarding compensation to the victim and record reasons while granting or refusing relief to them? The 154th Law Commission Report on the CrPC devoted an entire chapter to ‘Victimology’ in which the growing emphasis on victim’s rights in criminal trials was discussed extensively as under: “1. Increasingly the … Continue reading Victimology