Skip to main content

Himachal Court enhances compensation four times over for accident victim

A housewife is the backbone of a home - HC

Not satisfied with a meager compensation of Rs 3 lacs for an accident victim who suffered permanent disability, the Himachal Pradesh High Court today enhanced it to Rs 12.5 lakhs.

Allowing an appeal made by the victim, the single Bench of Acting Chief Justice Mansoor Ahmad Mir held that the compensation awarded by the Tribunal to the tune of Rs. 3 lacs is meager and required to be enhanced keeping in view all factors necessary in assessing the compensation.

The victim met with anaccident on July 30, 2001 in which she had suffered multiple grievous injuries, back bone and spinal joint dislocation, which made her life miserable.

In his order the judge observed that a housewife was the backbone of a home, maintaining the domestic home and takes all steps to keep her husband, children and other family members united, in good health and joyous mood. She was not only deprived of the income from domestic work and selling milk, but also had to engage a helper for domestic help. She has become permanently disabled, helpless, hapless and a burden on others.

The High Court awarded Rs. 3 lacs for pain and suffering undergone by claimant, Rs. 75,000 for medical treatment, Rs. 75,000 for future medical treatment, Rs. 1.5 lacs under the head of loss of amenities and enjoyment of life, Rs. 4.80 lacs were awarded under the head of future income, Rs. 1.44 lacs under the head of wages of attendant, Rs. 20,000 under the head of Transport charges and Rs. 10,000 under the head of special diet, and thus a total of Rs. 12.54 lacs were awarded to the Claimant with interest @ 7.5 %.

 Article referred: http://hillpost.in/2014/03/himachal-court-enhances-compensation-four-times-over-for-accident-victim/98428/

Comments

Post a Comment

Most viewed this month

Right of pre-emption under West Bengal Land Reform Act

In Rabindra Nath Kundu & Anr vs Sudhir Hira, Bijoy Krishna Hira being the owner in the suit plot, gifted to Santosh Kumar Hira demarcated 11 decimals of land vide deed of gift dated 27.4.2004 and the latter sold 9 decimals out of 11 decimals of land to Sudhir Hira the preemptor/opposite party no. 1 and well demarcated 1.65 decimals of land in the said plot along with several other plots were sold, transferred and conveyed to the preemptees/petitioners herein by a registered deed of sale dated 10.8.2010, the subject matter of preemption. It is argued on behalf of the preemptees that  the present opposite party no. 1/preemptor Sudhir Hira has no relationship of co-sharership with Santosh Kumar Hira opposite party no. 2 as the demarcated portion of land has been purchased. It is settled principle of law that partial preemption is not permissible and this was what the view adopted by this Hon'ble High Court is Surendra Vs. Abhimannu reported in (1980) 1 Cal LJ 135 whe...
Post a Comment
Read more

Merits and the terms of contract are irrelevant for invoking of the bank guarantees

In Sabarkantha Annuity Pvt. Ltd. Vs. NHAI and Ors, the Petitioner filed before the Delhi High Court  petition under Section 9 of the Arbitration and Conciliation (Amendment) Act, 2015 with a prayer that, Respondents be restrained from acting upon the letter dated 15th September, 2017 or from invoking the Bid securities of the Petitioner to the tune of Rs. 10.93 Crores and also restraining the banks from honouring the invocation of said bank guarantees on behalf of Respondent No. 1 acting in terms of letter dated 3rd November, 2007. Petitioner has relied upon Clauses Nos. 9.1.1, 9.1.2 and 4.3 of the agreement dated 28th April, 2017 entered into between the parties to say the claim for damages since is not a claim for a sum presently due and payable and the respondent would be entitled to damages only on proof of loss, per Clause 4.3 of the agreement and hence is not entitle to the entire sum of bid security.  The Court found that Clause No. 9.1.2 speaks of an exclusiv...
Post a Comment
Read more

Supreme Court clarified on how to determine if an allegation of fraud falls under “Fraud Exception” to Arbitrability

In AVITEL POST STUDIOZ LIMITED & ORS. vs HSBC PI HOLDINGS (MAURITIUS) LIMITED, the Supreme Court was hearing an appeal from the interlocutory judgment and order passed in the appeal under section 9 of the Arbitration and Conciliation Act, 1996 by the Bombay High Court in a dispute between HSBC and Avitel India. HSBC had alleged that the Appellants had committed fraud by siphoning off the funds provided by them. As the agreement entered into by HSBC and the Appellants contained arbitration clause, HSBC approached the Singapore Arbitration Centre and the arbitration committee so formed executed award in favour of HSBC who filed application before the Bombay High Court for execution of the award. The Appellants contended objected to the award on various grounds and further argued that as fraud has been alleged, the dispute cannot be arbitrated.  The Supreme Court has held that “serious allegations of fraud” as a ground for exemption from arbitral proceedings arise only if either o...
Post a Comment
Read more