Tort: Compensation for death

Principles for determination of Compensation for death:

Loss of estate, loss of consortium and funeral expenses:

The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years.

Just Compensation:

Section 168 of the MV Act deals with the concept of “just compensation” and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard because such determination can never be in arithmetical exactitude. It can never be perfect. The aim is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record in an individual case. The conception of “just compensation” has to be viewed through the prism of fairness, reasonableness and non- violation of the principle of equitability. Continue reading “Tort: Compensation for death”

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Custodial Violence and Death of Prisoners in India

 If civilization is not to perish in this country as it has perished in some others too well known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy.
[Source: Rudul Sah v. State of Bihar,(1983) 4 SCC 141.]

Custodial Violence

Custodial violence has always been a matter of great concern for all civilized societies. Custodial violence could take the form of third degree methods to extract information – the method used need not result in any physical violence but could be in the form of psychological violence. Custodial violence could also include a violation of bodily integrity through sexual violence – it could be to satisfy the lust of a person in authority or for some other reason. The ‘Mathura Rape Case’ is one such incident that most are familiar with. Custodial violence could, sometimes, lead to the death of its victim who is in a terribly disadvantaged and vulnerable condition. All these forms of custodial violence make it abhorrent and invite disparagement from all sections of civilized society.

The recent directives of Supreme Court, in regard to prison conditions:

Continue reading “Custodial Violence and Death of Prisoners in India”

Fraud avoids all acts.

Fraud avoids all judicial acts, ecclesiastical or temporal

Fraud is a deception deliberately practiced to achieve unfair or unlawful gain. Fraud apart from being a criminal offence is also a civil wrong in India, as at most places. It is defined by section 17 of Contract Act of India. Misrepresentation is defined by section 18 of said Act. The definition of fraud and misrepresentation is as under:

Definition of fraud:

“Fraud” means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agents, with intent to deceive another party thereto his agent, or to induce him to enter into the contract;
(1) the suggestion as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact; Continue reading “Fraud avoids all acts.”

Homeopathy: Origin and Scope of Practice.

Practice of Allopathy by Homeopathic Doctor
if amounts to medical negligence: 

“Similia Similibus Curantur” (Like Cures Like) is the basis of a system of therapeutics known popularly as Homeopathy.

Homeopathy is based on the premise that most effective way to treat disease is to use drugs or other agents that produce the symptoms of the disease in healthy persons.

This theory had its origin in or about 460 B.C. when the Greek physician, Hippocrates, noted the similarity between the effect of some drugs and the symptoms of the diseases they seemed to relieve. It was, however, in the late 18th Century that this theory was tested and popularised by German Physician, Christian Friedrich Samuel Hahnemann as a new form of therapeutic treatment after six years test study of scores of drugs on himself and others. Continue reading “Homeopathy: Origin and Scope of Practice.”