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45th Year at your Service
THE
DELHI LAW TIMES

A Daily Premium Periodical covering judgments pronounced by Hon’ble Delhi High Court, Appeals from Delhi High Court decided by Hon’ble Supreme Court Plus Statutes Sections containing Acts/Rules/Amendments/Notifications of Central Govt. as well as NCT, Delhi. Journal Section(JS) containing Articles/ Write-ups/Critics by eminent Jurists, Lawyers, Educationists.

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->Accident & Compensation Cases

->Accident & Compensation Digest

MACT, RAILWAYS & TORTS CASES

Highlights of Supreme Court on MACT

I (2011) ACC (SC) 342
TRANSFER OF VEHICLE — Liability of registered owner of vehicles was coextensive it would pass to insurer of vehicle.

I (2011) ACC (Punjab & Haryana HC) 121
LEGAL REPRESENTATIVES — Even if respondents are not dependents of deceased it hardly makes any difference because compensation has been awarded to them not as dependents of deceased but as Legal Representatives of their father, who filed claim petition as dependent of deceased.

I (2011) ACC (DHC) 91
PAY AND RECOVER — Accident — Third Party — It is settled law that where, in an accident by a vehicle, a third party is injured and vehicle is duly insured, it is liability of Insurance Company to make payment to third party and satisfy award and in case of breach of conditions of policy, recover award amount from owner.

I (2011) ACC (DHC) 91
DEDUCTION — Personal injury case — Deduction of 1/3rd from income towards personal expenses is not a straight jacket formula in case of injured persons.

I (2011) ACC (SC) 62
EVIDENCE — Tribunal did not commit any error by taking into consideration secondary evidence produced by owner to prove offending vehicle was duly insured.

I (2011) ACC (SC) 62
SUMMARY TRIAL — Summary Procedure — Tribunal is clothed with powers of a Civil Court for purpose of taking evidence on oath — Tribunal is not bound by technical rules of evidence.

I (2011) ACC (SC) 62
Motor Vehicles Act — Summary Procedure — Tribunal is clothed with powers of a Civil Court for purpose of taking evidence on oath — Tribunal is not bound by technical rules of evidence.

I (2011) ACC (DHC) 7
Workmen’s Compensation Act — Compensation — Section 4 casts an obligation on Commissioner to issue a direction for payment of interest, in case amount is not deposited with him within one month from date it fell due, such date being date of accident of workman or date of death of workman.

I (2011) ACC (DHC) 7
OFFICIAL PROCEDURAL DELAYS — In order to cut down such delays Section 4 has laid down exhaustive formula to calculate compensation payable to workman or his dependants.

IV (2010) ACC 948 (P&H)
ASSESSMENT OF COMPENSATION — For assessment of pain and suffering the disability assessed will be a good guide to know how particular injury affects performance in work place and elsewhere.

IV (2010) ACC 143 (J&K)
COMPENSATION — Electrocution — State and its functionaries, had added responsibility to take all safety measure to prevent escape of such energy and to see that aerial line carrying electric energy had functioned well and would not permit escape of energy by snapping of wires or otherwise.

IV (2010) ACC 354 (SC)
CONTEMPT OF COURT — Contempt proceeding initiated against the judge of Tribunal alleging non implementation of its order — Single judge held not justified in initiating suo moto contempt proceeding against the Appellant Judicial Officer only on assumptions and speculation.

IV (2010) ACC 10 (Orissa) INTEREST — Interest under Section 4A(3) is payable from date when compensation amount falls due — Compensation would fall due when adjudicated and determined by Commissioner —Interest held payable from date of award and not from date of application.

IV (2010) ACC 569 (All.)
LEGAL MAXIM — SALUS POPULI EST SUPREME LEX — Regard for public welfare is the highest law—It does not make any difference as to which class of compartment passengers travel — Burden lies on Railway to make necessary arrangement to security of passengers.

IV (2010) ACC 151 (Calc.) (DB)
LEGAL REPRESENTATIVE — Claim Petition — Father is not legal representative and not entitled to claim compensation.

IV (2010) ACC 653 (SC)
QUANTUM PERSONAL INJURY — Permanent disability — Claimant aged 25 years — Student of Engineering Final Year — Suffered multifocal damage of brain, optic atrophy in the right eye — Rendered incapacitated and his career ahead got dashed forever — Multiplier of 18 adopted and Rs.7,56,000/- assessed towards loss of future earning, Rs.1,50,000/- including medical negligence — Award enhanced to Rs.9,06,000/- with costs,quantified as Rs.15,000/-.

IV (2010) ACC 799 (SC)
REMAND — Presuming it to be a hit and run case, appellants were entitled to at least Rs. 25,000 as per provisions of Section 161(3((a) of Act.

IV (2010) ACC 653 (SC)
TRANSIT CLAIM — Insurance — Non-communication of accident to Insurance Company —there was breach of conditions of insurance policy as each and every consignment not declared — Repudiation justified.

IV (2010) ACC 10 (Orissa)
WELFARE LEGISLATION — Workmen’s Compensation Act, 1923 — Act is aimed to soothe agony of workman or his dependents — It being welfare legislation, must be interpreted to advance statutory intendment — Courts must apply more realistic and less formal approach.

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