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Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court
1 week, 1 day 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, 2 days 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
3 weeks 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
Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability
1 month 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
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
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, 2 weeks 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
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
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
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, 3 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, 1 month 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
Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation
1 year, 3 months ago

Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation

Live Law  

The Karnataka High Court has enhanced the compensation awarded to an advocate by the Motor Accidents Claim Tribunal, stating that the disability of lower limb certainly hinders her ability to efficiently serve clients and move quickly between courts, potentially impacting her income and professional responsibilities. The Karnataka Government Insurance Department opposed the plea and sought a reduction in the compensation …

Disability Compensation Court Courts Income Tribunal Kar
Insurance Company Not Liable If Claimant Was Travelling In Trailer Which Was Not Insured Even If Tractor Was Insured: Supreme Court
1 year, 3 months ago

Insurance Company Not Liable If Claimant Was Travelling In Trailer Which Was Not Insured Even If Tractor Was Insured: Supreme Court

Live Law  

The Supreme Court observed that the insurance company is not liable if the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured.When a tractor and trailer are involved, both the tractor as well as the trailer are required to be insured, the bench of Justices observed.In this case, the Bombay High …

Insurance Supreme Court Court Company High Bench Insured
Supreme Court Weekly Round-Up: July 10 To 16 July 2023
1 year, 5 months ago

Supreme Court Weekly Round-Up: July 10 To 16 July 2023

Live Law  

Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's Office Case title: Pratibha Manchanda And Anr. Supreme Court Issues Notice To CBI, ED On Manish Sisodia's Bail Pleas In Delhi Liquor Policy Scam Case Case title: Manish Sisodia v. Central Bureau of Investigation Citation: Special Leave Petition No. Supreme Court …

India Karnataka Justice Kerala Delhi Supreme Court High Court
Central tax asked to pass assessment orders
1 year, 9 months ago

Central tax asked to pass assessment orders

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court directed the commissioner of central tax to pass necessary assessment orders in a writ petition questioning attachment of bank accounts. The bench comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji was dealing with a writ plea filed by Creative Kaven Developers seeking declaration of notice. The bench, comprising Chief Justice …

Justice Tax Hearing Bench Tax Returns Central Tax
Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court
1 year, 9 months ago

Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that even if a person was intoxicated or smelling with alcohol, the same cannot be an excuse for the driver of a bus for causing the road traffic accident and causing injuries to the injured person. The bench said “The claimant who claims to be the injured in the road traffic accident …

Traffic Alcohol Accident Driver Smell Tribunal Road
Motor Vehicles Act, 1988: All India High Courts Cases 2022
1 year, 11 months ago

Motor Vehicles Act, 1988: All India High Courts Cases 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Court May Increase Quantum Of Compensation In Motor Accident Claim, Irrespective Of Who Files Appeal: Bombay High Court Case Title : Manager, National Insurance Co.Ltd v Shri Nilesh Suresh Bhandari and ors Citation: 2022 LiveLaw 126 The Bombay High court recently dealt with an …

India Insurance Karnataka High Court Compensation Bombay High Court Cases
Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court
2 years ago

Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court

Live Law  

Socio-economic background of the claimants must be considered while awarding compensation in cases of permanent disability caused due to motor accidents, the Supreme Court observed in a judgment delivered today.The bench of Justices Krishna Murari and S. Ravindra Bhat observed thus while allowing appeal filed by a claimant seeking enhancement of motor accident. Socio-economic background of the claimants must be …

Supreme Court Disability Compensation Court Accident Motor Accident Motor