Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | two persons died (on spot) of injuries suffered by the accident caused by the truck driven in a rash and negligent manner Motor Vehicles Act 1988: s.166 – Compensation – In the instant case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s. 166 – Compensation – In the instant case, two persons died (on spot) of injuries suffered by the accident caused by the truck driven in a rash and negligent manner – Appellants (dependents of the deceased persons) filed claim petition before the Motor Accident Claim Tribunal – Tribunal awarded compensation to the appellants but on appeal by insurance company before the High Court, the High Court reduced the quantum of compensation by relying upon the contention of insurance company that the salary certificate and pay slip of the deceased persons were taken into account by the tribunal without examining the person who issued the said documents – On appeal, held: High Court erred while rejecting the salary certificate and pay slip on the ground that the person issuing it was not examined – The said documents are conclusive proof of the income of the deceased and were also corroborated by the statements of the wife of the deceased and his co-workers – Once the actual occurrence of the accident was established, the compensation awarded must be just and fair. Motor Vehicles Act, 1988: Beneficial Legislation – Standard of Proof – Motor Vehicles Act, 1988 is a beneficial piece of legislation and as such, while dealing with compensation cases, once the actual occurrence of the accident has been established, the Tribunal’s role would be to award just and fair compensation – Strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases – The standard of proof to be borne in mind must be of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases. Motor Vehicles Act, 1988: Loss of Consortium – Tribunal awarded Rs. 40,000/- towards loss of consortium – The compensation under this head needs to be increased by 10% after every three years. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2022 INSC 1267 |
Petitioner | Rajwati @ Rajjo & Ors. |
Respondent | United India Insurance Company Ltd. & Ors. |
SCR | [2022] 17 S.C.R. 845 |
Judgement Date | 2022-12-09 |
Case Number | 8179 |
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 |