Ex-Gratia Relief Cannot Replace Court Ordered Compensation: J&K High Court Upholds ₹20 Lakh Compensation For Electrocution Victim
1 month, 3 weeks ago

Ex-Gratia Relief Cannot Replace Court Ordered Compensation: J&K High Court Upholds ₹20 Lakh Compensation For Electrocution Victim

Live Law  

Upholding a writ court judgment directing the Power Development department to pay Rs. 20 lakh as compensation to a young electrocution victim the Jammu and Kashmir and Ladakh High Court has reaffirmed that the policy of granting ex-gratia relief cannot preclude courts from awarding appropriate compensation to victims of electrocution. 20 lakh with interest, which was challenged by the department on grounds including alleged absence of negligence, excessive compensation, and applicability of a government order capping ex-gratia relief at Rs. They also submitted that the compensation awarded by the writ court was excessive and failed to consider the government order limiting relief. Referring Kajal v. Jagdish Chand, where the Supreme Court determined compensation based on minimum wages and conventional heads for a minor accident victim the bench affirmed that the victim deserved more than the Rs.

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History of this topic

Compensation to three electricity accident victims upheld
1 month ago

Compensation to three electricity accident victims upheld

The Hindu  

A division bench of the High Court of Karnataka has upheld the ruling of a single judge who directed electricity distribution and supply companies to pay ₹1.28 crore as compensation to victims, including two minors, of three electricity accidents during 2017-18. The division bench passed the order while dismissing the appeals filed by the Karnataka Power Transmission Corporation Ltd and …

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm
1 month, 1 week ago

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm

Live Law  

The Jammu & Kashmir High Court has held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. A bench of Justices Sanjeev Kumar and Justice Puneet Gupta also observed that the Respondent would face the stigma of being a person without the right arm …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: January 27 - February 2, 2025
1 month, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: January 27 - February 2, 2025

Live Law  

Nominal Index: Sunil Kumar Sharma Vs U.T of J&K 2025 LiveLaw 6 Mushtaq Ahmad Bhat Vs Sheeraza Akhtar 2025 LiveLaw 7 Union of India v. M/s Des Raj Nagpal Engineers & Contractors 2025 LiveLaw 8 Mohammad Amin Sheikh Vs Divisional Commissioner Kashmir, Srinagar 2025 LiveLaw 9 Kiran Wattal Vs UT Of J&K 2025 LiveLaw 10 State Of J&K Vs Abrar …

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]
2 months, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

Live Law  

Judgments/Orders: Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable Case Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA. S.143A NI Act | Application Of Mind, Consideration Of Certain Factors By Magistrate Essential To Decide Quantum Of Interim Compensation: J&K High Court Case Title: MUJEEB UL ASHRAF DAR Vs MUSHTAQ …

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work
3 months ago

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work

Live Law  

Upholding the principle of respondeat superior, the Jammu and Kashmir and Ladakh High Court has awarded ₹11.63 lakh as compensation to the family of an electrician who lost his life due to electrocution while conducting repairs on an 11 KV power line. 11,63,000/- along with interest @7.5% per annum in favour of the petitioners from the date of filing of …

Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By Transformer
7 months, 2 weeks ago

Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By Transformer

Live Law  

The Jammu and Kashmir High Court reinforced the doctrine of strict liability in a ruling, emphasizing that enterprises engaging in hazardous or inherently dangerous activities are “strictly and absolutely” liable to compensate individuals harmed by accidents resulting from such activities. In allowing a plea of a person who was eight years old when he got electrocuted resulting in amputation of …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
8 months ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

Give Rs 35 Lakh Compensation, Free Treatment to Acid Attack Survivor: Uttarakhand HC
2 years, 2 months ago

Give Rs 35 Lakh Compensation, Free Treatment to Acid Attack Survivor: Uttarakhand HC

News 18  

The Uttarakhand High Court recently ordered the Member Secretary, Uttarakhand State Legal Services Authority, to release and transfer a sum of Rs 35 lakh to an acid attack survivor as compensation. The order was passed in a writ petition filed by the acid attack survivor, seeking Rs 50 lakh for the losses she suffered. 1.6 lakh was given to the …

Ex-Gratia For COVID Deaths : Madras High Court Asks TN Govt If It Wants To Pay Over Rs 50K Minimum
3 years, 4 months ago

Ex-Gratia For COVID Deaths : Madras High Court Asks TN Govt If It Wants To Pay Over Rs 50K Minimum

Live Law  

In a PIL pertaining to ex gratia assistance payable to the heirs of deceased persons due to Covid 19, Madras High Court has held that Rs 50,000/- as fixed by the Supreme Court is the minimum amount that must be paid out of State Disaster Response Fund. The petitioner tried to put forward that the Reepak Kansal Judgment deferred from …

Ex-Gratia For COVID Deaths, Death Certificates, Grievance Redressal : Supreme Court Issues Slew Of Directions
3 years, 5 months ago

Ex-Gratia For COVID Deaths, Death Certificates, Grievance Redressal : Supreme Court Issues Slew Of Directions

Live Law  

The Supreme Court on Monday issued a slew of directions in relation to the grant of ex-gratia compensation to the family of COVID victims and issuance of death certificates.A bench comprising Justices MR Shah and AS Bopanna issued the directions approving the guidelines framed by the National Disaster Management Authority and the Central Government. 50,000/- shall be disbursed within a …

'We Are Very Happy' : Supreme Court Expresses Satisfaction With Centre's Decision On Rs 50,000 Ex-Gratia For COVID Deaths
3 years, 5 months ago

'We Are Very Happy' : Supreme Court Expresses Satisfaction With Centre's Decision On Rs 50,000 Ex-Gratia For COVID Deaths

Live Law  

The Supreme Court on Thursday expressed happiness with the Centre's decision on providing ex gratia compensation to the kin of those who died due to COVID-19.According to the guidelines framed by the National Disaster Management Authority, the ex-gratia compensation for COVID-19 deaths is fixed as Rs 50,000, which will be paid by the States from the State Disaster Response Fund.A …

States will provide ₹50,000 as ex gratia for deaths due to Covid-19: Centre tells SC
3 years, 6 months ago

States will provide ₹50,000 as ex gratia for deaths due to Covid-19: Centre tells SC

Hindustan Times  

The Central government on Wednesday informed the Supreme Court that families of those who died of coronavirus disease will receive an ex gratia of ₹50,000 from the state disaster response fund. The ex gratia will also be given to kin of Covid-19 victims who were involved in relief operations or associated with “preparedness activities”, the court was told. The National …

Compensation For COVID Deaths: Supreme Court Grants Centre 4 Weeks Time Extension To Frame Guidelines
3 years, 7 months ago

Compensation For COVID Deaths: Supreme Court Grants Centre 4 Weeks Time Extension To Frame Guidelines

Live Law  

The Supreme Court on Monday granted four weeks time to the Centre to frame guidelines making recommendations for payment of ex-gratia assistance to dependents of those who succumbed to COVID-19. A Division Bench comprising Justice DY Chandrachud and Justice MR Shah was hearing a plea by Union of India seeking a 4 weeks extension of time for National Disaster Management …

Govt must correct its mistake after SC order on ex gratia for Covid victims: Rahul Gandhi
3 years, 8 months ago

Govt must correct its mistake after SC order on ex gratia for Covid victims: Rahul Gandhi

India Today  

Hours after the Supreme Court ordered the Centre to pay compensation to families of those who died of Covid-19, Congress leader Rahul Gandhi on Wednesday said this is a chance for the Narendra Modi government to "correct its mistake". Earlier in the day, delivering its order in a case related to Covid-19 victims, the Supreme Court said the central government …

Supreme Court Reserves Judgment On Plea For Ex-Gratia Compensation To COVID Victims
3 years, 9 months ago

Supreme Court Reserves Judgment On Plea For Ex-Gratia Compensation To COVID Victims

Live Law  

The Supreme Court on Monday reserved the judgment in the pleas filed before Supreme Court seeking ex gratia monetary compensation of Rs. BACKGROUND In an Affidavit filed recently, the Union of India has informed the Supreme Court that payment of ex-gratia to all deceased persons due to COVID-19, is beyond the fiscal affordability of the State Governments, as the finances …

Compensation For COVID Victims Under Consideration, Centre Tells Supreme Court
3 years, 9 months ago

Compensation For COVID Victims Under Consideration, Centre Tells Supreme Court

Live Law  

"The issues are genuine and we will attend to it. The Central Government told the Supreme Court on Friday that the Centre was actively considering the issues raised in two pleas seeking ex gratia monetary compensation of Rs. However, death certificates of COVID-19 victims did not mention the cause of death, thereby leading to difficulties for the families who had …

Supreme Court Directs Centre's Reply On Uniform Policy For Issuing Death Certificates To COVID Victims For the Purpose Of Ex-Gratia Assistance For Their Families
3 years, 9 months ago

Supreme Court Directs Centre's Reply On Uniform Policy For Issuing Death Certificates To COVID Victims For the Purpose Of Ex-Gratia Assistance For Their Families

Live Law  

The Supreme Court on Monday directed the Central Government to bring on record any policy or guidelines pertaining to death certificates issued to COVID-19 patients, including guidelines by the Indian Council of Medical Research. However, death certificates of COVID-19 victims did not mention the cause of death, thereby leading to difficulties for the families who had to run from pillar …

Plea Before Supreme Court Seeks Ex Gratia Monetary Compensation Of 4 Lakhs For Families Of Those Who Succumbed To COVID-19
3 years, 10 months ago

Plea Before Supreme Court Seeks Ex Gratia Monetary Compensation Of 4 Lakhs For Families Of Those Who Succumbed To COVID-19

Live Law  

A plea has been filed before the Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the COVID-19 pandemic.Submitting that Section 12 of the Disaster Management Act, 2005, states that the National Authority shall recommend guidelines for minimum standards of relief to be …

Medical Negligence- Award Of Compensation Cannot Go Restrictive When The Victim Is From Poor And Rural Background:SC [Read Judgment]
6 years ago

Medical Negligence- Award Of Compensation Cannot Go Restrictive When The Victim Is From Poor And Rural Background:SC [Read Judgment]

Live Law  

Responsiveness and diligence of Medical Professionals has to be equi-balanced for all their consumers, said the Supreme Court while enhancing compensation to a woman who suffered due to medical negligence. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed: The lady, who was from a very poor and rural background, had suffered the medical negligence leading to …

SC Rejects Plea For Parity In Compensation To Riot Victims [Read Order]
7 years, 8 months ago

SC Rejects Plea For Parity In Compensation To Riot Victims [Read Order]

Live Law  

The Supreme Court bench of the Chief Justice J.S.Khehar and Justice D.Y.Chandrachud, today dismissed a Special Leave Petition challenging Patna High Court’s refusal to issue a direction to the Centre to frame a common policy with regard to compensation to riot victims.“No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution”, the. …

Higher compensation for Kishtwar victims upheld
10 years, 11 months ago

Higher compensation for Kishtwar victims upheld

The Hindu  

The Supreme Court on Monday held that the award of higher compensation by the Jammu and Kashmir government to State subjects among the victims of the Kishtwar violence last year was permissible under the State’s Constitution. “Protective treatment towards State subjects is permissible under the special provisions of the J&K Constitution,” said a three-judge Bench of Chief Justice P. Sathasivam …

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