Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988 - ss.166 and 163A: Claimant, employee in public sector undertaking, c suffering permanent disability due to accident - Both his legs amputated - Claimant 55 years of age at that time and earning gross income of Rs.2.3 lacs - Determination of compensation by applying structured formula as contained in the Second Schedule - Appropriate multiplier- Held: Though Second Schedule, as such, might not have been applicable as maximum annual income of a deceased or an injured which could be taken into consideration therefor is Rs.40, 0001-, however, keeping in view the peculiar factual circumstances of the case, the Tribunal was justified in adopting the multiplier of eight. Claimant suffering permanent disability - While determining compensation, Tribunal not deducting 1/3rd income towards miscellaneous expenses - Challenge to - Held: Where claimant, though alive, is not in a position to move and for every small thing has to depend upon others, a direction to deduct 1!3rd amount from his income need not always be insisted upon - On facts, no interference called for. Compensation - Determination of - While determining G compensation, Tribunal not deducting amount of income tax from gross salary of claimant - Challenge to - Held: An employee when not in employment is not to pay his tax - Income tax payable from salary, therefore, was required to be deducted.Respondent No.1 was an employee in ONGC, a public sector undertaking. He was hit by a lorry which ran over his legs. Consequently both his legs were amputated. At the relevant time, respondent no.1 was 55 years of age and was earning a gross salary of about 2.3 s lacs p.a. Respondent No.1 having suffered permanent disability filed claim petition for compensation. The Claims Tribunal applied the structured formula as contained in the Second Schedule appended to the Motor Vehicles Act and adopting the multiplier of eight, awarded a sum of Rs.19.63 lakhs with interest at the rate of 12% p.a. from the date of filing of the petition till realization. Appeal there against by the insurance company was dismissed by the High Court, which however, considering the prevailing rate of interest, reduced the rate of interest 0 to 9% p.a. In appeal to this Court, it was contended by the insurance company that the Tribunal, and consequently the High Court, committed serious error in applying the multiplier of eight as respondent no.1 was to retire within few years, i.e. on attaining the age of sixty years and that while determining compensation, the Tribunal further erred in not deducting the amount of income tax from the gross salary of claimant as also in not deducting his one third income towards miscellaneous expenses. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 24 |
Petitioner | Oriental Insurance Co. Ltd. |
Respondent | Ram Prasad Varma & Ors. |
SCR | [2009] 1 S.C.R. 209 |
Judgement Date | 2009-01-13 |
Case Number | 106 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |