Skip to main content

Accident compensation must restore normalcy as far as possible

The Bombay High Court has observed that the object of awarding monetary compensation to a family which has lost its sole bread-winner is to ensure that the surviving members can lead a normal life at least financially.

"The object of awarding compensation is to restore the dependents/claimants to the pre-accidental position as far as possible by compensating the victim's family in monetary terms for the loss of their only bread-earner member," Justice A P Bhangale said in a ruling last week.

The court increased the compensation awarded to a family from Ratnagiri from Rs 8.8 lakh to Rs 13.8 lakh. The order was passed on an appeal filed by Darshana Kanavaje, who lost her husband, Ganesh, in an accident in 2008 when a state transport bus rammed into him.

In May 2010, the Motor Accident Claim Tribunal at Ratnagiri directed the Maharashtra State Road Transport Corporation to pay Rs 8.8 lakh to the family, which comprised Darshana, the couple's three minor children, and Ganesh's parents.

Advocate Rajesh Patil, her lawyer, argued that Ganesh, who ran a grocery shop, was a regular Income Tax payer. Ganesh's tax consultant deposed before MACT to state that his income was gradually increasing and his average annual income was calculable at Rs 90,000 per year.

Justice Bhangale, while enhancing the amount, observed that it was the duty of the tribunal to award fair and reasonable compensation.

"In such cases the dependents are often left behind to face impoverishment due to sudden impecunious circumstances after having lost their sole bread-earner. They need to satisfy the basic needs. It is indisputable that increasing inflation makes it increasingly difficult for people to survive," the High Court observed.

Article referred: http://www.business-standard.com/article/pti-stories/accident-compensation-must-restore-normalcy-as-far-as-possible-113110700794_1.html

Comments

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more