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compensation

Home - compensation

MOTOR ACCIDENT CLAIM
Posted inNews

Supreme Court: “Income assessment must reflect real potential; High Court erred in arbitrary reduction” – Compensation enhanced to ₹20.8 lakh in fatal accident claim

Court’s Decision The Supreme Court allowed the appeal filed by the dependants of a deceased accident victim, setting aside the High Court’s arbitrary reduction of monthly income from ₹6,000 to…
Posted by Rawlaw September 10, 2025
legal heir
Posted inNews

Supreme Court: “Wish of a Testator Cannot be Defeated by Raising New Grounds in Second Appeal” – Partition Denied, Testamentary Succession Upheld, and Monetary Compensation Enhanced for Legal Heirs

Court’s Decision The Supreme Court allowed the civil appeal, set aside the Kerala High Court’s judgment which had invalidated a registered joint will under Section 67 of the Indian Succession…
Posted by Rawlaw September 8, 2025
motor accident
Posted inNews

Supreme Court: “Mere Proximity of Death to Accident is Not Enough” – No Compensation for Death Without Proven Nexus Between Accident Injuries and Myocardial Infarction

Court’s Decision The Supreme Court dismissed the appeal filed by the dependents of a deceased excise guard seeking compensation for his death under the Motor Vehicles Act. The Court upheld…
Posted by Rawlaw September 8, 2025
motor accident claim
Posted inNews

Supreme Court: “One Cannot Approbate and Reprobate” – Widow’s Challenge to Motor Accident Compensation Disbursement Dismissed for Accepting Payment Without Protest

Court’s Decision The Supreme Court dismissed an appeal filed by the mother of a deceased accident victim challenging the disbursement of compensation by the Motor Accident Claims Tribunal (MACT). The…
Posted by Rawlaw September 8, 2025
Supreme Court Restores Tribunal’s Award in Child’s Death Compensation Case: “No straight jacket formula for assessing income of children”
Posted inNews

Supreme Court Restores Tribunal’s Award in Child’s Death Compensation Case: “No straight jacket formula for assessing income of children”

Court’s Decision The Supreme Court allowed the appeal filed by the parents of a 10-year-old boy who died in a road accident, setting aside the Madras High Court’s order that…
Posted by Rawlaw August 12, 2025
breach of contract
Posted inNews

Supreme Court: “Delay in delivery of possession is not just breach of contract but a denial of basic rights” – Buyer awarded compensation with interest for undelivered flat after 11 years

Court’s Decision The Supreme Court allowed the appeal filed by the buyer of a flat who had entered into an agreement with a builder in 2012. Despite payment of over…
Posted by Rawlaw August 3, 2025
priavte property
Posted inNews

Kerala High Court: “Government Cannot Take Private Property Without Compensation” – High Court Reiterates Fundamental Right to Property Cannot Be Taken Away Arbitrarily Under Article 300A

Court’s Decision The Kerala High Court emphatically held that the petitioner’s right to property under Article 300A of the Constitution was violated by the unauthorized acquisition and use of the…
Posted by Rawlaw August 2, 2025
personal notice
Posted inNews

Patna High Court Quashes Land Acquisition Proceedings for NH-106 Due to Failure to Serve Personal Notice: “Without Individual Notice Under Section 3G(3), Compensation Proceedings Are Void”

Court’s Decision: The Patna High Court allowed a batch of writ petitions challenging the award of compensation for acquisition of land for National Highway-106 under the National Highways Act, 1956.…
Posted by Rawlaw July 30, 2025
personal accident
Posted inNews

Kerala High Court Rules That Personal Accident Insurance Cannot Be Deducted from Motor Accident Compensation: “Statutory Compensation Cannot Be Offset Against Contractual Payments”

Court’s Decision: The Kerala High Court, in a significant ruling, held that the amount received by the legal heirs of a deceased motor accident victim under the compulsory personal accident…
Posted by Rawlaw July 30, 2025
motor accident claim
Posted inNews

Patna High Court Enhances Compensation in Motor Accident Claim: “Claimants are entitled to just, fair and reasonable compensation under the Act”

Court’s Decision The Patna High Court modified the award of compensation granted by the Motor Accidents Claims Tribunal, Gaya, increasing the total compensation from ₹2,62,412 to ₹7,37,900, holding that the…
Posted by Rawlaw July 24, 2025

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