Skip to main content

State govt must compensate accident victim if accused is poor: SC

If in case of a death due to rash and negligent driving, the driver is unable to pay adequate compensation to the victim's family because of his poor financial status, the state government must step in and pay the amount, the Supreme Court has ruled.

"We are of the view that where the accused is unable to pay adequate compensation, the court ought to have awarded compensation under Section 357A from the funds available under the Victim Compensation Scheme framed under the said section," a bench of justices T S Thakur and A K Goel said.

It increased the amount of compensation awarded by Himachal Pradesh high court to family members of a girl who died in a road accident from Rs 40,000 to Rs 4 lakh. Considering the poor financial health of the convicted truck driver, the bench directed him to pay Rs one lakh and asked the state government to pay Rs three lakh.

The bench said if the driver failed to pay the amount, he had to undergo six months' jail term and in that case the entire compensation of Rs 4 lakh would be paid by the state government.

"We modify the impugned order passed by the high court and enhance the compensation to be paid by the driver to Rs1 lakh to be paid within four months failing which the sentence awarded by the court of sessions shall stand revived," it said.

"In addition, we direct the state of Himachal Pradesh to pay interim compensation of Rs 3 lakh. In case the driver fails to pay any part of the compensation, that part of compensation will also be paid by the state so that the heirs of the victim get total sum of Rs 4 lakh towards compensation. The amount already paid may be adjusted," the bench said.

Article referred: http://timesofindia.indiatimes.com/india/State-govt-must-compensate-accident-victim-if-accused-is-poor-SC/articleshow/46438256.cms

Comments

Most viewed this month

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...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...