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Articles for Claimant

Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court
1 week ago

Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court

Live Law  

The Supreme Court observed that although the delay in lodging an FIR would not be a ground to reject a Motor Accident Compensation claim, it gains relevance in cases where other evidence does not support the claimant's allegations.The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the …

Supreme Court Evidence Accident Delay Respondent Fir Ground
Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
1 week ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

High Court Limitation Held Act Claim Award Arbitrator
Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court
2 weeks, 5 days ago

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that admissions made in pleadings are binding under Section 21 of the Indian Evidence Act, 1872, and cannot be retracted at the appellate stage. The Tribunal had directed the Insurance Company to pay compensation with interest at 6% per annum and an additional penal interest of 9% if the amount was not paid within …

Insurance Court Accident Interest Company Tribunal Truck
ED restitutes property worth ₹25.38 crore to claimants
3 weeks, 3 days ago

ED restitutes property worth ₹25.38 crore to claimants

The Hindu  

In a significant move to restore the Proceeds of Crime to rightful claimants, the Directorate of Enforcement, Chennai Zonal office has successfully restituted property valued at ₹25.38 Crore to the victim and claimant in an anti-Money Laundering case against Nafisa Overseas and others being investigated by the ED. A press release said ED investigation revealed that the accused availed the …

Chennai Fir
Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability
4 weeks ago

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability

Live Law  

Dealing with the case of a motor accident injured, the Supreme Court recently analyzed the jurisprudence on "pain and suffering" and enhanced the amount of compensation awarded - beyond what was prayed for.A bench of Justices CT Ravikumar and Sanjay Karol, allowing the appeal of the injured-appellant, awarded. Dealing with the case of a motor accident injured, the Supreme Court …

Life Compensation Court Accident Pain His Life Motor
Britain benefits hotspots: The towns with the highest unemployment handout claims - after numbers surged by more than a THIRD in some places over the past year
1 month, 1 week ago

Britain benefits hotspots: The towns with the highest unemployment handout claims - after numbers surged by more than a THIRD in some places over the past year

Daily Mail  

The parts of Britain with the highest rates of unemployment benefits claims have been laid bare in maps - with some areas seeing a rise of a third over the past year. The 10 constituencies with the highest unemployment benefits claimant rates Birmingham Perry Barr Claimant rate October 2024: 16.3% Annual percentage rise: 31% Birmingham Ladywood Claimant rate: 14.9% Annual …

Unemployment Cent Rate Percentage Annual Your Browser Birmingham
Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
1 month, 1 week ago

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12 of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. Brief Facts The …

Arbitration Railways Court Party Waiver Act Letter
Benefits Britain: How numbers on unemployment handouts have surged by more than a THIRD in some areas over the past year - with nearly 600,000 more claiming than before Covid
1 month, 1 week ago

Benefits Britain: How numbers on unemployment handouts have surged by more than a THIRD in some areas over the past year - with nearly 600,000 more claiming than before Covid

Daily Mail  

A dramatic spike in unemployment benefits claims has been laid bare in maps - with some areas seeing a rise of a third over the past year. In Birmingham Ladywood the rise was 32 per cent, taking the claimant rate to 14.9 per cent. In Bethnal Green and Stepney the claimant rate has gone from 6.1 per cent to 8.4 …

Covid Cent Your Browser Birmingham Unemployment Benefits Ons Claimant Rate
Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

Performance Court Specific Performance Sale Agreement Set View
Award In Which Vital Evidence Are Not Considered Can Be Set Aside On Grounds Of Patent Illegality U/S 34: Calcutta HC
1 month, 1 week ago

Award In Which Vital Evidence Are Not Considered Can Be Set Aside On Grounds Of Patent Illegality U/S 34: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya affirmed that there cannot be any quarrel with the proposition that if there is a perversity in the award insofar as the non-consideration of vital evidence is concerned, the same tantamounts to violation of the fundamental policy of Indian Law as well as gives rise to a patent illegality, which is …

Contract Commitment Future Court Indian Indian Law Charges
Construction Of Contract's Terms Is Task Of Arbitrator, Cannot Be Interfered With U/S 34 Unless Construction Is Unreasonable: Madras HC
1 month, 2 weeks ago

Construction Of Contract's Terms Is Task Of Arbitrator, Cannot Be Interfered With U/S 34 Unless Construction Is Unreasonable: Madras HC

Live Law  

The Madras High Court bench of Justices M.Sundar And K.Govindarajan Thilakavadi affirmed that the construction of the terms of a contract is primarily for an Arbitrator to decide unless the Arbitrator construes the contract in such a way that it could be said to be something that no fair-minded or reasonable person could do then only interference under section 34 …

Contract Court Act Award Respondents Terms Dated
Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence
6 months, 3 weeks ago

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence

Deccan Chronicle  

Hyderabad: Justice Namavarapu Rajeshwar Rao of the Telangana High Court, applying the principle of just compensation, granted more than the amount as compensation in a motor accident case. The RTC contested the matter, the Motor Accidents Tribunal at Hyderabad assessed the compensation at Rs 10 lakh and after deducting 25 per cent of the amount towards contributory negligence on the …

Compensation Court Right Lakh This Court Petitioner Rtc
DWP under investigation over disability benefit assessments after claimant deaths
7 months ago

DWP under investigation over disability benefit assessments after claimant deaths

The Independent  

Sign up for the View from Westminster email for expert analysis straight to your inbox Get our free View from Westminster email Get our free View from Westminster email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Baroness Kishwer Falkner, the chair of the EHRC, said her organisation was “extremely worried” about …

Department Westminster Email View Dwp Disabled People Ehrc Disability Benefit
Though Legal Issue Can Be Raised For First Time In Appeal Proceedings, It Depends On Facts: Allahabad High Court
7 months ago

Though Legal Issue Can Be Raised For First Time In Appeal Proceedings, It Depends On Facts: Allahabad High Court

Live Law  

The Allahabad High Court has held that though a legal issue going to the root of the matter can be raised for the very first time in appellate proceedings but the same is dependent on the facts of the case. However, the question is dependent upon the facts of a particular case.” The Court held that since admission is the …

Legal Court Patent Illegality Held First Time Award Challenge
Wave for the future
8 months, 2 weeks ago

Wave for the future

China Daily  

STARLET WANG/FOR CHINA DAILY China and ASEAN countries should maintain positive interactions on the South China Sea issue Relations between China and the Philippines have become increasingly tense because of the strengthening of the alliance between the United States and the Philippines and the shift in the South China Sea policy of the Ferdinand Marcos Jr administration. The South China …

Vietnam Defense China States South China Sea Philippines South
Wave for the future
8 months, 2 weeks ago

Wave for the future

China Daily  

STARLET WANG/FOR CHINA DAILY China and ASEAN countries should maintain positive interactions on the South China Sea issue Relations between China and the Philippines have become increasingly tense because of the strengthening of the alliance between the United States and the Philippines and the shift in the South China Sea policy of the Ferdinand Marcos Jr administration. The South China …

Vietnam Defense China States South China Sea Philippines South
Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court
8 months, 3 weeks ago

Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court

Live Law  

A single-judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Sunil Kumar & Ors. The Regional Labour Commissioner ordered the Respondent to take the Petitioner back in service however, due to non-payment of the earnest wages for the period of June 2011 to September 2011, the Petitioner …

Delhi Court Labour Payment Wages Respondent Period
Patent Illegality | For Claim For Damages There Must Be Proof Of Actual Loss: Bombay High Court Stays Arbitral Award
8 months, 3 weeks ago

Patent Illegality | For Claim For Damages There Must Be Proof Of Actual Loss: Bombay High Court Stays Arbitral Award

Live Law  

The Bombay High Court single bench of Justice R.I. Chagla stayed an arbitral award noting that the Arbitrator contravened the settled law that for a claim for damages, there must be proof of actual loss which is sine qua non for such claim. Moreover, it argued that despite the Arbitrator's acknowledgment that the claim was one of damages, the actual …

Loss Court Bombay High Court Price Held High Mpv
Average Income Is To Be Considered If Variations Found In Income Tax Returns Filed By Claimant: Karnataka High Court
9 months ago

Average Income Is To Be Considered If Variations Found In Income Tax Returns Filed By Claimant: Karnataka High Court

Live Law  

The Karnataka High Court has held that if income tax returns are available the same should be considered as best a piece of evidence and if variations are found in the income tax returns, considered for different assessment years, it would be appropriate to consider the average income of three assessment years to arrive at the annual stable income of …

Disability Compensation Tax Body Assessment Income Tribunal
Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings
10 months, 3 weeks ago

Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings

Live Law  

The Gauhati High Court has set aside an order passed by the Commissioner of Workmen's Compensation which awarded a compensation of Rs. 3,74,364/- to a driver who allegedly lost vision in one eye in an accident, on the ground that no qualified medical practitioner was examined to assess the loss of earning capacity of the claimant in relation to his …

Medical Loss Disability Compensation Court Eye Act
Burden Of Proving Deficiency Lies With Claimant, Hyderabad District Commission Dismisses Complaint Against Gulf Airlines
10 months, 3 weeks ago

Burden Of Proving Deficiency Lies With Claimant, Hyderabad District Commission Dismisses Complaint Against Gulf Airlines

Live Law  

District Consumer Disputes Redressal Commission – I, Hyderabad bench comprising B. Uma Venkata Subba Lakshmi, C. Lakshmi Prasanna and B.Raja Reddy dismissed a complaint against Gulf AirLines noting that the burden of proving the deficiency of service lies on the party making claim. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission – I, Hyderabad, Telangana and filed …

Consumer Hyderabad Airlines Commission Complainant Complaint District
Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC
11 months, 2 weeks ago

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

Live Law  

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle. However, if the …

Court Damage Tribunal Vehicle Kar Insurer Offending
Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High Court
1 year ago

Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High Court

Live Law  

Dismissing an appeal challenging an award passed by the Motor Accidents Claims Tribunal under the Motor Vehicles Act, 1988 the Jammu and Kashmir and Ladakh High court has reitrated that in a claim petition submitted under the Motor Vehicles Act, the rigid constraints of formal pleadings need not be strictly adhered to. Responding to the claim, the insurance company, the …

Insurance Vehicles Motor Vehicles Act Tribunal Vehicle Act Bench
Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
1 year ago

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant

Live Law  

The Gauhati High Court has set aside an order of the Motor Accident Claim Tribunal, in a case involving the death of an occupant of an insured vehicle due to rash and negligent driving, wherein the tribunal had directed the Oriental Insurance Company to pay compensation to the claimant and subsequently recover the same from the owner of the offending …

Insurance Compensation Court Pay Order Company Tribunal