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Showing posts with label compensation. Show all posts
Showing posts with label compensation. Show all posts

Feb 21, 2016

Tekan Alias Tekram vs State Of M.P (Now Chhattisgarh) on 11 February, 2016

Indian Penal Code, 1860- sec376 rape- compensation - Hon'ble Supreme Court of India observed as " we dismiss the appeal having no merit and issue the following directions:-

1) All the States and Union Territories shall make all endeavour to formulate a uniform scheme for providing victim compensation in respect of rape/sexual exploitation with the physically handicapped women as required under the law taking into consideration the scheme framed by the State of Goa for rape victim compensation;"

http://indiankanoon.org/doc/62755573/

May 23, 2011

Susan Leigh Beer Vs India Tourism Development ... on 3 March, 2011 Delhi High Court

This is case for compensation of Rs 20000000 for the negligence of Hotel. Court allow compensation of Rs 18200000 with interest @ 6% from filing the suit and 10% for future till payment.

Feb 19, 2011

Yogita state Vs GNCT Delhi

in this case which was decided on 31.01.11 by Hon'ble Delhi High Court,
Court has no hesitation in holding that Respondent No.1 Government of NCT Delhi is liable to compensate the Petitioner and her two children for the death of her husband as a result of the bomb blast that took place at the Liberty Cinema Hall.

Feb 7, 2011

Yogita vs Government Of Nct Of Delhi And Anr. on 31 January, 2011

In D.K. Basu v. State of West Bengal, the Supreme Court
observed that the Court was required to order compensatory relief " not by way of damages as in the civil action but by way of compensation in the public law jurisdiction for the wrong done, due to breach of public duty by the State of not protecting the fundamental right to life of the citizen. To repair the wrong done and give judicial redress for legal injury is a compulsion of judicial conscience." It was held that the award of compensation for established infringement of the indefeasible rights guaranteed in Article 21 of the Constitution "is a remedy available in the public law since the purpose of public law is not only to civilize public power but also to assure citizens that they live in a legal system wherein their rights and interests shall be protected and preserved. Grant of W.P. (C) No.21139 of 2005 Page 7 of 17 compensation in proceedings under Article 32 or Article 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the Courts under the public law jurisdiction for penalizing the wrong doer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen."
State is liable to compensate the Petitioner and her two minor children for the death of her husband in the bomb blast that took place at the Liberty Cinema Hall.
full judgment

Feb 6, 2011

Punjab Istri Sabha v. Surjit Singh Barnala


Hon'ble Punjab & Hariyana High Court observed
"The failure of the State to protect the life and limbs of its citizens itself is sufficient to give rise to the liability. Nothing more needs to be said - res ipsa loquitor. Such sufferance goes against the very grain of creation of a State or comity of individuals. The individual has surrendered certain individual rights for such safety. Taxes are paid for the functioning of a government. Safe environment is the very basic function. The citizens gave to themselves the Constitution of India and adopted a democratic polity. Franklin Roosevelt said:
"Democracy, the practice of self government, is a covenant among free man to respect the rights and liberties of their follows."
It is this respect of the rights of the petitioner which have been violated. He suffered grievous injuries and 90% disability on account of the wrongful acts of other persons which the State was not able to prevent. It was undoubtedly the duty of the State to have done so."

Feb 5, 2011

Shyama Devi Vs NCT of Delhi


"In such like cases the Courts expect strict and high standard of care from them. When there is a failure to perform duty which results in physical injury, deprivation of life or loss of property, Article 21 of the Constitution is attracted and the aggrieved party is entitled to invoke Article 226 to claim monetary or pecuniary compensation as such a remedy is available in pubic law based on strict liability for breach of fundamental right."