HIGH COURT SEPTEMBER 2024 WEEKLY ROUNDUP| Stories on Lawyer’s Custodial Assault; Medical Certificates for Parole; Compassionate Appointment; SSB Medical Exam; and more
A quick legal roundup to cover important stories from all High Courts this week.
compensation
‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
‘Determined compensation in FSI/TDR form payable even without any representation or request’: SC grants relief to landowners for surrendering lands to Municipal Corporation
“A duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution.”
Morbi Bridge Collapse | Gujarat HC directs execution of written instruments outlining benefits to victims including marriage expenses for girls, jobs to PwD
“The list of beneficiaries must include those victims who were already widow and have lost lone earning member of their family. The physically disabled victims shall be accommodated in a well-paid job.”
Delhi High Court directs BSES to pay Rs. 10,00,000/- as compensation to wife of Sub-Inspector who died due to electrocution
‘If the State fails to adhere to the practical necessity of preserving human life, it leads to a tragic loss of human dignity.’
‘Victims are unaware of Gas companies’ liability to compensate’; Orissa HC asks MoPNG to ensure public awareness on insurance for LPG cylinder blast and safety trainings
“The Oil/LPG companies in cases like this where human cost of LPG cylinder explosion is incalculable, behave like a hardcore litigant ignoring the fact that the matter does not fall in the realm of adversarial litigation. One can imagine as to how the thick flames engulfs the surroundings and human beings just reduce to ashes or sometime escape death and end up with deformities.”
‘Ownership’ not limited to categories specified in Section 2(30) of MV Act; Context around control of vehicle important to fix liability: SC
The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
S. 124 of the Railways Act has an overriding effect vis-a-vis compensation payable as provided under the Railway Accident and Untoward Incidents Rules: NCDRC
“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.
Delhi High Court modifies MACT Award to reduce compensation for loss of future income to man with pre-existing disability
The Court calculated the disability incurred by the claimant after the accident so as to determine a just and reasonable compensation.
J&K High Court awards Rs. 20 Lacs compensation for electric shock induced permanent disability
The Court noted that the electric shock resulted in the petitioner having a 75% disability from orthopedic side and 15% deformity disability.
Mere attempt to overtake vehicle not Negligence; Supreme Court enhances MACT compensation from Rs.1,01,250 to Rs.11,25,000
Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.
Pilot’s illness resulting in cancelled flight does not amount to ‘extraordinary circumstance’ for refusal to pay compensation under EC Regulation 261: UK SC
The Court stated that EC Regulation 261 provides a standardised level of compensation for passengers which does not require complex analysis. Requiring an enquiry into why, when and how a staff member became ill would be contrary to the intended operation of the scheme.
Punjab and Haryana HC imposes Rs. 2 lakh costs on IIM Rohtak for withholding result of its student for four years
Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.
‘Callous and negligent attitude’; Allahabad HC directs Lucknow University to pay Rs 2 lakhs compensation for withholding a student’s 3rd year result on presumption of misconduct
“The action of the Lucknow University in not only in violation of principle of nature justice but has deleterious effect on the future of the candidate and such an action is deplorable.”
Delhi High Court imposes costs on MCD for delay in filing written statement impacting senior citizen’s case
The Court observed that MCD is a big Government Department, and this civic agency must be handling innumerable matters but that does not give any automatic handle to MCD to file written statement as per its own whims and fancies.
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.
Calcutta High Court directs PNB to Pay Rs. 3 Lakh Compensation to Disabled Employee for Denying Local Posting in violation of Transfer Policy
This is an unfortunate malaise that festers in hierarchies of Public Sector Bank and other bodies which has and continues to severely impact the man resources and impede the growth and wellbeing of an organization and its employees. Any special request from an employee out of the ordinary, even if supported by the Bank’s rules, is looked at with contempt and discomfort.
‘Totally illegal, arbitrary and whimsical’; Jharkhand HC directs State to pay Rs 5 lakh compensation for illegal demolition of shops
The Court stated that even though the right to property is no longer a fundamental right and was never a natural right, it must be accepted that without the right to property, other rights become illusory.
[Train Accidents] | “Injury sustained while deboarding from the wrong train cannot be termed as self-inflicted injury”: Bombay HC
Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.
‘Deceased was a brilliant student’; Punjab and Haryana HC enhances compensation granted by Motor Accident Claims Tribunal for accidental death of nine-year-old child
The Court stated that the appellants were entitled to the compensation on the count of ‘loss of consortium’, ‘loss of dependency’, ‘loss of estate’ and ‘funeral expenses’.