Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988: s. 167 read with s.166 of the Act and s.8 of 1923 Act - Death of an employee in a motor accident while in employment of the employer - Motor Accident Claims Tribunal awarding compensation and directing deduction of the amount already paid to claimant under 1923 Act - Held: Dependents having opted to file claim petition u/s 166 of the Act first, and being disbursed the amount under 1923 Act subsequently, the order of Tribunal directing deduction of the amount paid under the 1923 Act from the compensation determined under Motor Vehicles Act, gives full effect to s. 167 of the said Act, and the claimants are, thus, not allowed dual benefit under the two enactments - Workmen's Compensation Act, 1923 - ss. 8 and 10.The husband of respondent no. 1 lost his life In a motor accident while working in the employment of the Port Trust. The dependents filed a claim petition u/s 166 of the Motor Vehicles Act, 1988. Subsequently, the employer-Port Trust Intimated the Workmen's Compensation Commissioner of the motor accident and deposited an amount of Rs. 3,26,140/·, which was paid to the dependants. The Motor Accident Claims Tribunal · Independently determined the claim and awarded the claimants a compensation of Rs.11,44,440/-, out of which the amount of Rs. 3,26,140/· disbursed under Workmen's Compensation Act, 1923 was directed to be deducted. The High Court affirmed the order. In the instant appeal filed by the Insurance Company, it was contended for the appellant that the claimants having received the compensation under the Workmen's Compensation Act, were, in view of s. 167 of the Motor Vehicles Act, 1988, precluded from raising a claim under the Motor Vehicles Act, 1988. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 76 |
Petitioner | Oriental Insurance Co. Ltd. |
Respondent | Dyamawa & Ors. |
SCR | [2013] 1 S.C.R. 739 |
Judgement Date | 2013-02-05 |
Case Number | 937 |
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 |