Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Acquisition is solely for purpose of excavation of coal and entire land is acquired on basis of estimates of coal reserve identified - Entire land is to be mined and used and no further development activity is required - High Court in such circumstances committed erred in deducting..........
Consumer Protection Act, 1986, Section 12 -- Hypothecated vehicle - Detained/seized and thereafter sold which was found to be illegal - Loss suffered due to not plying vehicle - Nothing on record as to the loss suffered because of not plying the vehicle hypothecated and sold - Order of awarding compensation/damages at Rs.300/- per day modified to Rs.5,000/- per month as..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - When insurance company was not liable, order of `pay and recover' would not arise...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where claimant was a gratuitous passenger in the offending vehicle, Insurance company would not be liable to reimburse compensation...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Appellant was aged about 19 years old at the time of accident - Left leg of appellant was amputed below knee due to injuries suffered in the accident - Appellant will not be able to perform any physical labour - Though appellant was a gratuitous passenger in the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a housewife aged about 25 years at the relevant time and was doing tuition work - Income of deceased ought to be considered at least Rs.7500/- pm - While considering loss of dependency 40% of income is required to be added towards future prospects - Since the deceased was pregnant at the time..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 32 years old at the time of accident and was working as a constable in RPF - In view of Pranay Sethi case, when deceased was below age of 40 years and was having a permanent job, for purpose of determination of income 50% of actual salary i.e Rs.13,817 ought to have been..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions towards personal and living expenses - Taking into account number of dependents in family, 1/3rd of monthly income was to be deducted towards personal and living expenses of deceased in view of Pranay Sethi's case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 32 years old at the time of accident - Multiplier of 16 is thus, appropriate with reference to age group of deceased between 30 and 35 years in terms of Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of parental consortium - Amount payable under head parental consortium shall not exceed Rs.40,000 qua a single child in view of Praney Sethi case - Amount of Rs.1 lakh each granted by High Court to claimants under head of love and affection require to be deducted and at the same time Rs.40,000 each out..........
