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The Supreme Court held that writ petitions for electrocution compensation are not maintainable where disputed facts exist, and compensation must be assessed on a just, fair basis.
The Supreme Court enhanced motor accident compensation for a 38-year-old carpenter who lost his right leg, holding his functional disability was 100%.
The Supreme Court held that a falling tree branch on a stationary autorickshaw did not support Section 166 liability under the Motor Vehicles Act, but enhanced compensation under Article 142.
The awards of the NCDRC and the State Commission were set aside and the District Forum award of Rs.5,00,000 was restored; the Court held that the NCDRC had not shown that the eggshell skull rule appropriately applied because no pre-existing condition fitting the recognised categories was established; the respondents were directed to pay Rs.5,00,000 with simple interest @9% from the date of the District Forum award and litigation costs of Rs.50,000, payable within four weeks.
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The curative petitions were dismissed because curative jurisdiction is narrowly circumscribed and not a vehicle to 'top up' a consensual settlement entered after careful consideration; the Union of India, having opposed earlier attempts to reopen the settlement and not having filed review petitions, could not now seek enhancement when (a) the settlement fund and subsequent interest/exchange movements resulted in surplus disburseable funds, (b) the review judgment had already allocated responsibility upon the Union to meet any deficiency and obtain insurance (which it failed to do), and (c) no…
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Appellant hospital and doctors owed a legal duty of care to the complainants; failure to advise and conduct ROP screening on pre-term baby as per standard protocol and not informing mother of risks amounted to gross negligence; inordinate delay in supply of medical records constituted professional misconduct and deficiency of service; all appellants jointly and severally liable to pay compensation.
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Appellant suffered 100% functional disability, no longer able to work as driver; compensation thus calculated based on enhanced income and relevant statutory factor under Workmen’s Compensation Act, with additional award for medical expenses.
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The Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 does not oust the jurisdiction of the civil court either expressly or by necessary implication. The Act provides only an additional remedy for compensation, and Section 14 of the Act clearly recognizes concurrent jurisdiction of the civil court to entertain a suit for damages. Thus, claims for damages under the common law can still be pursued in civil courts.
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The multiplier for calculating compensation in motor accident cases under s.166 of the Motor Vehicles Act, 1988 must be based on the age of the deceased, not the dependants, even in the case of a bachelor. Notional income must reflect the deceased’s skill and potential, and future prospects at 40% must also be added as per settled law.
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The High Court's award of compensation, based on last drawn emoluments, deduction for tax and personal expenses, and provision for future prospects at 40%, conforms substantially with the law declared in Pranay Sethi. No deduction of ex-gratia amount is warranted as the payment was not under statutory rules providing continuous benefit. No interference is called for in the compensation or interest rate fixed by the High Court.
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