Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 70% - Total compensation - Appellant comes from an economically weaker section of society - Taking into account the age of appellant and various heads under which he is entitled to compensation, just compensation of Rs.38,70,120/- along with 9% interest p.a from the date of making application is..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of consortium - Deceased left behind five dependents - Grant of Rs.40,000 by Tribunal towards loss of consortium is insufficient - Rs.44,000 to each claimant is thus, appropriate - Rs.15,000 each for heads of funeral expenses and loss of estate is also very meager and same increased to Rs.20,000..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Total compensation - Deceased left behind 4 dependents - Grant of Rs.40,000 by Tribunal towards loss of consortium is insufficient - Rs.44,000 to each claimant is thus, appropriate along with Rs.15,000 each for heads of funeral expenses and loss of estate increased to Rs.20,000 each - Total compensation..........
Civil Procedure Code, 1908, Order 21, Rule 1(4) -- Execution - Amount deposited by JD - Interest - When the deposited amount is withdrawn and gets credited in account of DH, he is not entitled to interest on deposited amount, even when there is failure on the part of JD to issue notice of deposit - In the absence of notice, interest would cease to run from date when amount..........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiff/temple is a denominated temple - Poojari of temple sought to be impleaded by plaintiff as he was acting against interest of temple - However, plaintiffs already filed a petition to examine proposed party as a witness on their side and said petition was allowed by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Assessment of permanent disability - Appellant sustained comminuted fracture of tibia bones of both the legs - He was operated upon twice and was hospitalized for 36 days cumulatively - Doctor who treated appellant has assessed permanent disability of 54% which is on higher side - Since the appellant..........
Employees State Insurance Act, 1948, Section 39(5)(a) -- Interest - Delay in making payment of ESI contribution - Liability to pay interest is from the date on which contribution has became due and till date of its actual payment - ESI Court was thus, not justified at all in reducing period of interest to two years only...........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Deposit of 75% of bid amount beyond 15 days - Delay in depositing 75% of bid amount by four days in no manner would frustrate rights of parties inter se, particularly when conduct of borrowers in getting extension orders on two different occasions and still not depositing amount of Rs.6 lakhs as per..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Auction sale - Wrong description of property - Borrower failed to demonstrate that due to typographical inadvertent error in door number, property could not fetch value as it ought to have fetched - Auction sale is proper...........
