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Monday, February 10, 2020

Cout can grant compensation more than claimed when the claimant is a minor In view of the above, we award a sum of Rs.62,27,000/­ to the claimant under the following heads : S.No Heads Amount (i) Expenses relating to treatment, hospitalisation and transportation Rs. 2,50,000/­ (ii) Loss of earnings (family members) Rs. 51,000/­ (iii) Loss of future earnings Rs.14,66,000/ (iv) Attendant charges Rs.21,60,000/­ (v) Pain, suffering, loss of amenities Rs.15,00,000/­ (vi) Loss of Marriage prospects Rs. 3,00,000/­ (vii) Future medical treatment Rs. 5,00,000/­ This amount shall carry an interest @7.5% p.a. from the date of filing of the claim petition till payment/deposit of the amount. Obviously, the insurance company shall be entitled to adjust the amount already paid. Further, the insurance company shall also be entitled to recover the amount from the owner in terms of the award of the MACT, which has not been challenged either before the High Court or us. We are aware that the amount awarded by us is more than the amount claimed. However, it is well settled law that in motor accident claim petitions, the Court must award just compensation and, in case, the just compensation is more than the amount claimed, that must be awarded especially where the claimant is a minor.

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Cout can grant compensation more than claimed when the claimant is a minor  In view of the above, we award a sum of Rs.62,27,000/­ to the ...

No Person could have been tried for the same offence twice at the behest of the the complainant who himself a complainant in both the FIRs. Section 300 of the Cr.P.C. provides as follows: “300. Person once convicted or acquitted not to be tried for same offence. (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from 7 the one made against him might have been made under sub­Section (1) of Section 221, or for which he might have been convicted under sub­Section (2) thereof.” 13. In view of the conclusion that the substratum of the two FIRs are the same and that the appellant has already stood acquitted on 07.08.1998 of the charge with regard to forging any general power of attorney of the respondent, we are of the considered opinion that the subsequent prosecution of the appellant in FIR No. 114 of 2008 dated 09.10.2008 is completely unsustainable. In the result, the FIR dated 09.10.2008, the orders dated 18.12.2015, 31.05.2016 and the impugned order dated 01.03.2017 are set aside. The appeal is allowed.

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No Person  could have been tried for the same offence twice at   the   behest   of   the   the   complainant  who himself a complainant  in...

whether the appellants were required to pay the price of coal consumed in their manufacturing process at a preferential rate, known in the trade parlance as “linked price”, or the price under a Liberalised Sales Scheme (LSS).

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  whether the appellants were required to pay the price of coal  consumed in their manufacturing process at a preferential rate, known  in ...

The suit filed by the plaintiff was for specific performance of the agreement of reconveyance dated 23.04.1975. Alternatively, he had also sought for a declaration that the sale deed dated 23.04.1975 was null and void and not binding on the plaintiff. whether the sale deed dated 23.04.1975 executed by the plaintiff in favour of the defendants is a nominal sale deed obtained as security for the loan advanced by the defendants.?The deed of re-conveyance, contains a clause for payment of interest on the consideration amount of Rs.35,000/-. However, the plaintiff has pleaded that there is no agreement to pay the interest. This shows that the plaintiff was not ready to perform his part of the obligation as per the agreement. Further, the plaintiff had mortgaged the property with the bank and the bank had obtained an award against the plaintiff. When the suit property was put up for auction, the defendants paid the entire amount to the bank which was payable by the plaintiff under this award. This aspect also indicates the conduct of the plaintiff.Taking an overall view of the matter, the trial court has rightly held that the plaintiff was not ready and willing to perform his part of the contract. The High Court, in our view, was not justified in reversing the well-reasoned judgment of the trial court. In the result, this appeal succeeds and it is accordingly allowed. The judgment of the High Court in R.F.A. No.626 of 2001 dated 21.08.2006 is set aside and the judgment and decree passed by the trial court in O.S. No.3308 of 1988 dated 12.04.2001 is restored.

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The suit filed by the plaintiff was for specific performance of the agreement of reconveyance dated 23.04.1975. Alternatively, he had also ...