Lawwatch : Legal Resources for Learners

Loss of Consortium under Vehicle Compensation

By K Rajasekharan 11 July 2023Motor Vehicles Act

A three Judge Bench of the SC in The New India Assurance Company v Somwati, relying on a two bench judgement of the SC in Magma General Insurance Company Limited v Nanu Ram & others, (2018) 18 SCC 130, recognised spousal, parental and filial consortium.

Method of Calculating Compensation in Vehicle Accidents

By K Rajasekharan 10 July 2023Motor Vehicles Act

The key judgments in regard to fixation of compensation in motor vehicle accident cases are: Sarla Verma v Delhi Transport Corporation & Anr Reshma Kumari & Ors v Madan Mohan & Anr National Insurance Co. Ltd. v Pranay Sethi & Ors The Pranay Sethi case was heard by a five-judge bench of the SC. The judgement laid down some broad guidelines for assessing the amount of compensation to be paid to the accident victims in areas where there were divergent approaches.

Police Officer is bound to file Accident Claims

By K Rajasekharan 10 July 2023Motor Vehicles Act

When information of a road accident is received in the Police Station, the Investigation Officer (IO), who investigates the accident, shall inspect the site of the accident, take photographs / videos of the scene of the accident and the vehicles involved in the accident and prepare a site plan drawn scale to scale, indicating the lay out and width etc of the roads or places, the position of the vehicles and persons involved and such other relevant facts.

Difference between the terms illegal & unlawful

By K Rajasekharan 5 July 2023Uncategorized

The terms illegal and unlawful have slight difference in meanings, as per Oxford English dictionary. But nowadays both terms are often used interchangeably. Something that is Illegal is against the law in force such as illegal immigrants, whereas an unlawful act merely contravenes the rules that apply in a particular context such as an unlawful assembly. The term unlawful often implies an act that is done without lawful justification or authority.

Governor may Give his Assent or Return the Bill

By K Rajasekharan 5 July 2023Constitutional law

The issue whether the Governor of a State can withhold a bill passed by the legislature without acting upon it is a serious matter being debated in governmental bodies, judiciary, and the public sphere, with no consensus in sight.

Vehicle Accident Compensation under No-fault Liability

By K Rajasekharan 4 July 2023Motor Vehicles Act

In motor vehicle compensation claims in which the fault of the driver concerned is not pleaded, such claims are filed under Section 164 of the Motor Vehicle Act, 1988 (MV Act). The issue of negligence, wrongful act, or default of the driver of the concerned vehicle cannot be pleaded in such claims.

Tax Exemption in Capital Gains u/s Section 54 of IT Act

By K Rajasekharan 3 July 2023Property & Succession

Income Tax from Long Term Capital Gains (LTCG) is exempted under Section 54 of the Income Tax Act in case a taxpayer sells his residential house and acquires another residential house from the sale proceeds.

Hit & Run Motor Vehicle Accident Cases

By K Rajasekharan 29 June 2023Motor Vehicles Act

In hit and run motor accidental cases Motor Accident Claims Tribunal (MACT) has no judication or role under Section 161 Motor Vehicle Act, 1988 (MV Act). Such claims will be dealt with the Claim Enquiry Officer( CEO).

Wife deserves a share in the Family Properties

By K Rajasekharan 27 June 2023Family, Marriage & Divorce

A wife, who contributed to the acquisition of family assets by performing the household chores, thereby releasing their husbands for gainful employment, would be entitled to a share in the properties, as she had indirectly contributed to its purchase, says the High Court of Madras in Kannaian Naidu & Others v Kamsala Ammal & Others.

Damages an Injured can Claim in Vehicle Accidents

By K Rajasekharan 25 June 2023Motor Vehicles Act

A person injured in a motor vehicle accident can claim two types of damages: one is non-pecuniary damages (general damages) and the other is pecuniary damages (special damages). The non-pecuniary damages (general damages) are the damages which cannot be calculated in terms of money. The Pecuniary damages are those damages which the victim has actually incurred and are capable of being calculated in terms of money.

Guardianship of a Minor Hindu Child

By K Rajasekharan 18 June 2023Civil law

The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardians and Ward Act, 1890 (GWA) are the two acts that deal with guardianship. Both the acts define the rights, obligations, relations between adults and minors. The GWA applies to everyone regardless of caste, creed, or community and it includes the procedure on how to petition courts for the appointment of a guardian. The HMGA has an overriding effect in regard to all other laws relating to guardianship, as per Section 5 of the HMGA.

Law relating to Guardian and Ward

By K Rajasekharan 15 June 2023Civil law

The court, on an application by a party, can appoint or declared a guardian for a ward. The purpose is to ensure the welfare of the minor and take care of the ward’s person and property, as per the Guardian and Wards Act, 1890 (GWA).