Tort -- Fire tragedy - 55% of the total compensation awarded payable by School and its agent Rajiv Marriage Palace, jointly and severally - Extent of apportionment - Not possible for Supreme Court to apportion the liability of compensation - School can approach civil court for apportioning the liability of compensation by initiating appropriate proceedings...........
Constitution of India, 1950, Article 21, 32, 226 -- Scope - Humiliation in police custody - Such treatment is basically inhuman and causes mental trauma - Exemplary damages in proceedings under Articles 32 or 226 - Held, the compensation is in the nature of `exemplary damages' awarded against the wrongdoer for the breach of its public law duty and is independent of the..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Deceased, borrower of vehicle - Borrower steps into the shoes of he owner - Once borrower would be treated as owner of vehicle, claim petition u/s 163-A of the Act would not be maintainable - Person cannot be both, claimant as also tort-feasor liable to pay compensation...........
Motor Vehicles Act, 1988, Section 163A -- Being an employee of respondent No.2 company, respondent No.1 was availing facility of motorcycle which was owned by respondent No.2 company - No terms of grant of this facility have come on record - Held, in absence of same, claimant would step into shoes of owner with regard to insurance company - As u/s 163-A of the Act,..........
Civil Procedure Code, 1908, Section 9 -- Negligence - Civil suit for damages - In case of a tort or claim for damages, where defendants have failed to perform duty of care and necessary public duty, damages can be awarded on the principles governing grant of compensation under Motor Vehicles Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased a pillion rider on scooter - Accident as a result of a collision with a Cielo car whereas scooterist and pillion rider fell and a maxi cab drove over a person causing death - Insurance company contended that case could not have been prosecuted without impleading owners of Cielo car and the maxi cab..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Composite negligence - Accident caused by negligence of two vehicles - Held, claimant can implead any one of joint tort feasors and recover full compensation from him - The joint tort feasor who paid full compensation can recover the amount from other tort feasor - Tribunal has option to direct the claimants to implead..........
Medical negligence -- Failure of sterilization - If a lady conceives pregnancy after sterilization operation and do not opt for Medical Termination of Pregnancy, the operating surgeon cannot be held liable for compensation on account of unwanted pregnancy - The claim in tort can be sustained only if there was gross negligence on the part of the surgeon in performing the..........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Compensation - Claimant compensated by another Insurance Company for the same cause of action consequent to the same accident - Plea of claimant that the same does not debar him from making a claim under the statutory liability against the tort-feasor - Held, High Court not considering the aspect that claimant had..........
Tort -- Compensation - Negligence of State - Boy of 15 years of age killed by leopard on a public passage - Leopard had come from adjoining forest area which was restricted forest fully under control of State - State has failed to perform its duty of protecting the human life - Sum of Rs.1 lakh granted by appellate Court, held, not excessive...........
