Supreme Court: The major married son who is also earning and not fully dependent on the deceased, would be still covered by the expression “legal representative” of the deceased and entitled to get compensation

5.1.1. While holding that the legal representatives of the

deceased are entitled to move an application for

compensation by virtue of clause (c) of Section 166(1) of the

Act, it was observed,

“…The major married son who is also earning

and not fully dependent on the deceased,

would be still covered by the expression “legal

representative” of the deceased. This Court

in Manjuri Bera had expounded that liability

to pay compensation under the Act does not

cease because of absence of dependency of

the legal representative concerned…”

(Para 12)

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2026

(Arising out of SLP (C) No.18553 of 2023)

SAMEEM BEGUM AND OTHERS  Vs K. VENKAT SWAMY AND ANOTHER.

Author: N.V. ANJARIA, J.

Citation: 2026 INSC 864.

Dated: AUGUST 14, 2026.

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Supreme court guidelines for Direct Bank Transfer Of Compensation To Road Accident Victims & Workmen

In absence of the exercise of the Rule making power Under Section 176 of the 1988 Act by the State Governments, the respective High Courts can either frame Rules of procedure or issue practice directions for ensuring that material details are disclosed while filing claim applications Under Section 166(1) of the 1988 Act. {Para 8}

9. Till the Rules are not framed, the High Courts shall either issue practice directions or formulate Rules of procedure by incorporating the following provisions:

a) While filing claim petitions under the 1988 Act, following particulars shall be incorporated:

(i) Names and addresses (local and permanent) of the injured persons or the owners of the damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and

(ii) Names and addresses (local and permanent) of all the legal representatives of the deceased victim of the accident who are claiming compensation, their Aadhar and PAN details and email-id, if any;

(b) If the aforesaid details are not furnished, the registration of the application should not be refused on that ground, but MAC Tribunals at the time of issuing notice may direct the applicant(s) to furnish the information and make the issue of the notice subject to making compliance;

(c) While passing an interim or final order of grant of compensation, the MAC Tribunals shall call upon the person or persons held entitled to receive compensation, to produce their bank account details along with either a certificate of the banker giving all details of the bank account of the person or persons entitled to receive the compensation including IFS Code, or a copy of a cancelled cheque of the bank account. The Tribunal shall call upon the claimants to produce the documents within a specified reasonable time;

(d) A further direction shall be issued to the persons entitled to receive compensation to keep on updating information regarding the bank accounts, email id, in case there is any change;

(e) In the event a consent award or consent order is made, the MAC Tribunals may direct the deposit of the compensation amount ordered to be released to the claimants directly to the bank accounts of the persons held entitled to receive compensation. However, the consent terms must contain all relevant account details of the persons entitled to compensation in accordance with Clause (c) above. The account details can also be incorporated in the order passed for the disbursement of the amount on the basis of a compromise between the parties. In case of compromise before the Lok Adalats, the MAC Tribunal, on the basis of the settlement, shall pass a consequential order in the above terms;

(f) It shall be the duty of the learned Judges presiding over the MAC Tribunal to verify from the certificate issued by the banker and ascertain whether the account is of the persons held entitled to receive compensation;

(g) The MAC Tribunals, while passing orders of withdrawal/disbursement, shall, in the ordinary course, pass an order of transfer of the requisite amounts directly to the bank account of the person/s entitled to receive compensation as per the account details furnished. If there is a long gap between the date of furnishing the account details and the date of filing application for withdrawal of the amount, the Tribunal will be well advised to get fresh account details of the claimants;

(h) Whenever the MAC Tribunal passes an order of deposit of compensation amount with the Tribunal, there shall be a direction issued to invest the amounts to be deposited in fixed deposit with any nationalised bank and the fixed deposit shall be with the standing instructions to the bank to renew the same after periodical intervals till further orders are passed by the Tribunal;

(i) Similarly, practice directions/rules be framed in respect of adjudication made under the 1923 Act. The above directions issued while passing awards in claims under the 1988 Act shall be applied in case of the claims for compensation under the 1923 Act;

(j) The Central Project Co-ordinator of e-court project or Registrar (Computer/IT) of the High Courts, as the case may be, with the help of the State Government, shall create a dashboard on which the information regarding the amounts lying deposited in connection with the compensation granted under 1988 or 1923 Acts shall be regularly uploaded with all details. It will help all concerned to implement the directions issued under this order;

(k) All the High Courts shall issue administrative directions to the MAC Tribunals and Commissioners under the 1923 Act to initiate a massive drive to ascertain the whereabouts of the persons who have been held to be entitled to receive compensation, but have not taken the same. This shall be done by taking the assistance of the District and Taluka Legal Services Authorities and para-legal volunteers;

(l) The State Governments shall provide assistance to the Legal Services Authorities of the local police officers/revenue officers of the district and taluka to trace the claimants who are held entitled to receive compensation;

(m) The State Legal Services Authorities shall monitor compliance with the directions issued in terms of Clauses (k) and (l) above and report compliance within a period of four months from today.

10. These directions shall continue to bind the MAC Tribunals and the Commissioners under the 1923 Act till rule-making power is properly exercised by the Government. 

 IN THE SUPREME COURT OF INDIA

Suo Motu Writ Petition (C) No. 7 of 2024

Decided On: 22.04.2025

In Re: Compensation Amounts Deposited with Motor Accident Claims Tribunals and Labour Courts

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka and Ujjal Bhuyan, JJ.

Author: Abhay Shreeniwas Oka, J.

Citation:  MANU/SC/0533/2025,2025 INSC 530.

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Supreme Court: In MACT Cases, Court should direct the Insurance Company to deposit the compensation in the bank account of claimants

The case in hand pertains to the compensation awarded under the Motor Vehicles Act. The general practice followed by the insurance companies, where the compensation is not disputed, is to deposit the same before the Tribunal. Instead of following that process, a direction can always be issued to transfer the amount into the bank account(s) of the claimant(s) with intimation to the Tribunal. {Para 17}

17.1. For that purpose, the Tribunals at the initial stage of pleadings or at the stage of leading evidence may require the claimant(s) to furnish their bank account particulars to the Tribunal along with the requisite proof, so that at the stage of passing of the award the Tribunal may direct that the amount of compensation be transferred in the account of the claimant and if there are more than one then in their respective accounts. If there is no bank account, then they should be required to open the bank account either individually or jointly with family members only. It should also be mandated that, in case there is any change in the bank account particulars of the claimant(s) during the pendency of the claim petition they should update the same before the Tribunal. This should be ensured before passing of the final award. It may be ensured that the bank account should be in the name of the claimant(s) and if minor, through guardian(s) and in no case it should be a joint account with any person, who is not a family member. The transfer of the amount in the bank account, particulars of which have been furnished by the claimant(s), as mentioned in the award, shall be treated as satisfaction of the award. Intimation of compliance should be furnished to the Tribunal.

18. In some cases, where the compensation is awarded to minor claimant(s) or otherwise, the Tribunal directs for keeping a certain percentage of the amount in a fixed deposit. Such a direction can always be issued in the award itself to be complied with by the concerned bank. When the amount is transferred by the Insurance Company in the account of the claimant(s), it shall be the responsibility of the bank to ensure that specified portion thereof is kept in the fixed deposit. Compliance is to be reported by the bank(s) to the Tribunal.

19. It is also a fact that substantial amount of compensation in motor accident cases remains deposited in the Tribunal as the claimant(s) may not have approached the Tribunal for release thereof for various reasons. Delay for any reason in release of compensation in motor accident cases by the Tribunal to the claimant(s), where the amount is deposited in Tribunal, as directed, results in loss of interest to the claimant(s). In case the aforesaid process is followed, the gap would be bridged. The real object of the beneficial legislation, namely to compensate for the loss of earning member of the family or for the injuries suffered by the claimant(s), will be achieved and compensation can be disbursed without any delay.

 In the Supreme Court of India

(Before J.K. Maheshwari and Rajesh Bindal, JJ.)

Parminder Singh Vs  Honey Goyal and Others 

Civil Appeal No………………….of 2025 (Arising out of S.L.P. (C) No. 4484 OF 2020)

Decided on March 18, 2025

Citation: 2025 SCC OnLine SC 567

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Supreme Court: Sessions Court Must Order Victim Compensation In Cases Of Bodily Injury To Women And Children

On a reading of the order and judgment of the Trial

Court, which has convicted the appellant herein for the

offence, inter alia, under Section 376-D of the IPC except

imposing the fine of Rs.12,500/- (Rs.10,000/- + Rs.2,500/-),

we find that no direction for payment of victim compensation

to the second respondent/victim has been ordered. Such a lapse

on the part of Sessions Court would only delay payment of any

compensation under Section 357-A of the CrPC.

In the circumstances, we direct that a Sessions Court,

which adjudicates a case concerning the bodily injuries such

as sexual assault etc. particularly on minor children and

women shall order for victim compensation to be paid having

regard to the facts and circumstances of the case and based

on the evidence on record, while passing the judgment either

convicting or acquitting the accused. Secondly, the said

direction must be implemented by the District Legal Services

Authority or State Legal Services Authority, as the case may

be, in letter and spirit and in the quickest manner and to

ensure that the victim is paid the compensation at the

earliest.

There can also be a direction for payment of interim

compensation which could be made by the Sessions Court

depending upon the facts of each case.

  IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

(@ Special Leave Petition (Crl.) No. 13890/2024)

SAIBAJ NOORMOHAMMAD SHAIKH Vs  STATE OF MAHARASHTRA & ANR

Dated: NOVEMBER 04, 2024.

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Supreme Court: Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation

  There are cases where clean acquittal is granted by the criminal courts to the Accused after very long incarceration as an under trial. When we say clean acquittal, we are excluding the cases where the witnesses have turned hostile or there is a bona fide defective investigation. In such cases of clean acquittal, crucial years in the life of the Accused are lost. In a given case, it may amount to violation of rights of the Accused Under Article 21 of the Constitution which may give rise to a claim for compensation.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4011 of 2024.

Decided On: 26.09.2024

V. Senthil Balaji Vs. The Deputy Director, Directorate of Enforcement

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka and Augustine George Masih, JJ.

Author: Abhay Shreeniwas Oka, J.

Citation:  MANU/SC/1065/2024.

Read full Judgment here: Click here.

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Supreme Court: Can A Person, Awarded Monetary Compensation, But Has Not Received It, File Appeal As Indigent?

Order XLIV Rule 3(2) provides as under :

“3. Inquiry as to whether applicant is an

indigent person.-(1)……

(2) Where the applicant, referred to in rule

11, is alleged to have become an indigent

person since the date of the decree appealed

from, the inquiry into the question whether

or not he is an indigent person shall be made

by the Appellate Court or, under the orders

of the Appellate Court, by an officer of that

Court unless the Appellate Court considers

it necessary in the circumstances of the case

that the inquiry should be held by the Court

from whose decision the appeal is

preferred.”

The Appellate Court, in accordance with the above,

did not conduct any inquiry. The same was necessitated

since nothing on record speaks of the claimant-appellant

having filed the claim before the learned Tribunal as an

indigent person, in which case she would be covered under

Rule 3(1), which provides that no further inquiry would

be required in respect of a person who was allowed to

sue or appeal as an indigent person if they make an

affidavit to the effect that they have not ceased to be

an indigent unless the Government pleader objects or

disputes such claim in which case an inquiry shall be

held by the Appellate Court or under the orders thereof.

18. On both counts, one, that she had not yet received

the money and, therefore, at the time of filing the

appeal she was arguably indigent; and second, that the

statutory requirement under the C.P.C., as described

above, was not met – the order of the learned Single

Judge has to be set aside. {Para 17}

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024

ALIFIYA HUSENBHAI KESHARIYA  Vs SIDDIQ ISMAIL SINDHI & ORS. 

SANJAY KAROL J.,

Dated: May 27, 2024.

Citation: 2024 INSC 457.

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Under which circumstances the court can grant compensation to wife in domestic violence Act proceeding in absence of specific prayer for its grant?

The submission of Mr. Deshmukh is that in absence of any prayer under section 18 of the DV Act, the award of compensation is unjustified. I have already discussed the said aspect hereinbefore. It is not necessary that the relief in respect of each and every clause of section 18 clauses (a) to (f) of the DV Act should be sought. As far as the quantum of compensation is concerned the provisions of DV Act do not lay down any strait jacket formula for computing the same and the same has to be ascertained by taking into consideration the entire facts and circumstances of case. {Para 80}

 IN THE HIGH COURT OF BOMBAY

Crim. Revision Application No. 234 of 2023

Decided On: 22.03.2024

Kaushal  Vs. Jyoti 

Hon'ble Judges/Coram:

Sharmila U. Deshmukh, J.

Citation:  MANU/MH/1955/2024.

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Supreme Court: Motor accident claim tribunal should grant interest on compensation at the rate 7.5%

The aforesaid features equally apply to the contentions urged on behalf of the claimants as regards the rate of interest. The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court. {Para 13}

 IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 4079-4081 of 2019 

Decided On: 23.04.2019

National Insurance Company Ltd. Vs. Mannat Johal and Ors.

Hon'ble Judges/Coram:

Abhay Manohar Sapre and Dinesh Maheshwari, JJ.

Author: Dinesh Maheshwari, J.

Citation: MANU/SC/0589/2019.

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Whether legal representatives of deceased who was murdered are entitled to claim compensation under motor accident claim petition?

The term use of motor vehicle has been explained by the Apex Court in the case of Shivaji Dayanu Patil v. Vatschala Uttam More, MANU/SC/0402/1991 : 1991 3 SCC 530, the term use of motor vehicle means where the term use of motor vehicle has been explained even leakage of petrol and, thereafter, where the explosion in the place and fire occurred resulting in death of certain villagers. This involved the petrol tanker and one another truck was held to be accident arising out of use of motor vehicle and, therefore, there is a casual relationship between earlier event of accident which was due to collision and later incident of explosion and fired such connection need not be direct or immediate once. If it is demonstrated that the death occurred due to use of motor vehicle, then prima facie claim petition would be maintainable. It goes without saying that it is because of use of motor vehicle that accident occurred. Later on while deciding the matter finally, also the Apex Court in Judgment titled New India Assurance Company Limited Versus Yadu Sambhaji More reported in, MANU/SC/0019/2011 : (2011) AIR SC 666 has taken similar view which goes to show that the tribunal had jurisdiction to entertain such petitions, that to in use or arising out of use of the motor vehicle has been consistently followed in the later judgment. The Apex Court has criticised the finding by the tribunal of rejecting the claim petitions. {Para 20}

The learned tribunal with utmost respect has not taken holistic view in the matter while holding that the truck was used as a weapon, the accident is by the use of vehicle and it has to be turned to be an accident. The term 'negligence' would assume significance the term negligence in common parlance would go to show that the driver drove the vehicle negligently as narrated herein-below.

27. Just because the charge sheet is laid under Section 302 will not take the case from the purview of using the vehicle negligently. The evidence of all the witnesses go to show that the driver of the vehicle drove the vehicle rashly and negligently and came from behind and dashed with the jeep deliberately may be he had not caused murder that is not the subject matter of our concerned but the death occurred due to the ante mortem injuries caused due to use of truck in which the truck which dashed with the police vehicle in which the deceased was seated.

 IN THE HIGH COURT OF ALLAHABAD

First Appeal From Order No. 966 of 2016

Decided On: 08.07.2022

Renu Devi and Ors. Vs. Gufran Ahmad and Ors.

Hon'ble Judges/Coram:

Dr. Kaushal Jayendra Thaker and Ajai Tyagi, JJ.

Author: Ajai Tyagi, J.

Citation: MANU/UP/2195/2022.

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Whether the court can suspend the sentence of convict if he is ready to pay compensation to victim?

Having observed and held as above, we are deeply peeved on perusing the impugned judgment, for the same reflects only non-application of mind and non-consideration of the relevant factors despite the fact that the case involved an acid attack on a young woman resulting into permanent disfiguration. In the case on hand, a scanning of the impugned order would reveal that what mainly weighed with the Court is the offer made on behalf of the convicts that they would give a payment of Rs. 25 lakhs through demand drafts, taking into account the evidence that the victim had incurred an amount of Rs. 21 lakhs for her treatment. Paragraph 10 of the impugned order would reveal that taking note of the said offer besides the period of incarceration and also the delay likely to occur in the consideration of appeal, sentence imposed was suspended and the private Respondents were enlarged on bail. 

11. We have no hesitation to hold that the impugned order is infected with non-application of mind and non-consideration of the relevant factors required for invocation of power Under Section 389 in the light of the settled position of law. An acid attack may completely strip off the victim of her basic human right to live a decent human life owing to permanent disfiguration. We have no hesitation to hold that in appeals involving such serious offence(s), serious consideration of all parameters should be made. Even a cursory glance of the impugned order would reveal the consideration thereunder was made ineptly. The serious nature of the offence involved was not taken into account besides the other relevant parameters for the exercise of power Under Section 389, Code of Criminal Procedure.

 13. The impugned order passed by the High Court is perused.

Specifically the order dated 21.02.2024 passed in the Correction

Application. The order does not suggest that there was any

consideration of the parameters laid down by this court for grant of bail or suspension of sentence. Instead, the High Court had noticed and directed that the convicts have offered to pay compensation to the victim for grant of suspension of sentence, which when she refused to accept, was directed to be deposited in the court. It was in a way kind of “Blood Money” offered by the convicts to the victim for which there is no acceptability in our criminal justice system.

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal Nos.1957-1961 of 2024

Shivani Tyagi  Vs  State of U.P. & Anr. 

Citation: MANU/SC/0353/2024, 2024 INSC 343.

Dated: April 5, 2024.

Read full Judgment here: Click here.

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Whether widow is entitled to get compensation under workman compensation Act if she remarries?

 Section 2(d) of the Employees' (Workmen's) Compensation Act, 1923 (for short referred to as the Act)defines "dependents". The provision reads as under: {Para 11}

2(d). 'Dependant' means any of the following relatives of a deceased employees namely; (i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter, or a widowed mother; and

12. A plain reading of the above definition makes it clear that as on the date of death; wife of the deceased who becomes a widow is treated as a dependant and is made eligible to receive compensation. The Act does not make a distinction between a person who remains widow or who re-marries again.

14. Similar question has fallen for consideration before the High Court of Rajasthan in case of R.B. Moondra and Company Vs. Bhanwari and Others Contention that widow is debarred from claiming the compensation on account of re-marriage is rejected. Para 19 reads as under:

The last contention that the widow became debarred from claiming compensation on account of her remarriage has also no force because in the Act there is no such provision that after remarriage widow of the deceased would not be regarded as a dependent. Under Section 21 of the Hindu Adoptions and Maintenance Act, 1956, a widow remains a dependant, within the meaning of that section so long as she is not remarried. But the definition of the 'dependant' under the Act is not so restricted and the fact that she has remarried will not disentitle her to claim compensation under the Act.

 IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD

Civil Miscellaneous Appeal No. 3122 of 2002

Decided On: 24.04.2013

Mandadi Adilakshmi Vs. Vallabhaneni Siva Prasad and Ors.

Hon'ble Judges/Coram:

P. Naveen Rao, J.

Citation: 2014 ACJ 950 (AP), MANU/AP/0562/2013.

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Important judgments on compensation under motor vehicle Act (Part 2)

 

1) How to ascertain effect of permanent disability on actual earning capacity of claimant in case of motor accident?

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 8981 of 2010.

Decided On: 18.10.2010

 Raj Kumar Vs. Ajay Kumar and Anr.

Hon'ble Judges/Coram:
R.V. Raveendran and H.L. Gokhale, JJ.

Citation:(2011) 1 SCC 343

https://www.lawweb.in/2017/06/how-to-ascertain-effect-of-permanent.html

2) Supreme Court guidelines for computation of attendant charges in case of motor accident claim petition

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 735 OF 2020

KAJAL Vs  JAGDISH CHAND 

Deepak Gupta, J.

Dated: February 05, 2020.

Citation: 2020(4) SCC 413.

https://www.lawweb.in/2020/02/supreme-court-guidelines-for.html

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Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period

The learned counsel for the petitioners fairly submits that insofar as prayer clauses (c) and (c-i) of the writ petition are concerned, the same stand answered by virtue of the aforesaid Scheme of 2022. He submits that the petitioners desire to seek benefit under the said Scheme. However, under Clause 16 thereof, a period of limitation has been prescribed and the claim is required to be made within a period of three years from the date of occurrence of the offence or conclusion of the trial. He submits that in the present case, the incident in question occurred on 4th October 2010 while the trial concluded in the year 2015. He, therefore, submits that the claims sought to be raised by the petitioners be directed to be entertained without being treated as being barred by limitation. {Para 5}

6. We find that under the Proviso to Clause 16, the delay beyond a period of three years can be condoned in deserving cases. We find the present case to be a deserving one for the reason that after being subjected to an acid attack, the petitioners were required to approach this Court in the matter of grant of compensation. During pendency of this writ petition, the Scheme of 2022 came to be implemented. We therefore find that the petitioners can be permitted to move an application seeking compensation in accordance with the Scheme of 2022.

7. Accordingly, it is directed that if the petitioners seek compensation under the Scheme of 2022 by making an appropriate application within a period of four weeks from today, the application shall be considered on its own merits and in accordance with law. Keeping all grounds for seeking compensation as raised in the writ petition open, it is disposed of in aforesaid terms.

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.962 OF 2016

ALONG WITH

INTERIM APPLICATION NO.2022 OF 2020

 Petitioners/  Applicants  Vs 1. State of Maharashtra, 

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ

DATE : 3RD APRIL, 2024.

ORAL JUDGMENT : ( Per A.S. Chandurkar, J. )

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Prioritise Cases Of HIV Positive Persons : Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act

93. In keeping with the mandate of the HIV Act, the following directions are issued to the Central and State Governments:

1) Under Section 14(1) of the HIV Act, the measures to be taken by the Central Government and all the State Government are, to provide, (as far as possible), diagnostic facilities relating to HIV or AIDS, Anti-retroviral therapy and Opportunistic Infection Management to people living with HIV or AIDS.

2) The Central Government shall issue necessary guidelines in respect of protocols for HIV and AIDS relating to diagnostic facilities, Anti-retroviral therapy and opportunistic Infection Management applicable to all persons and shall ensure their wide dissemination at the earliest, after consultation with all the concerned experts, particularly immunologists and those involved in community medicine, as well as experts dealing with HIV and AIDS prevention and cure. These measures and guidelines shall be issued within three months, and widely disseminated, in the electronic media, print media and all popularly accessed public websites.

3) Under Section 15(1) & (2) of the HIV Act, the Central government and every State Government shall take measures to facilitate better access to welfare schemes to persons infected or affected by HIV or AIDS. Both the Central and State Governments shall frame schemes to address the needs of all protected persons.

4) Under Section 16(1) of the HIV Act, the Central and all the State Governments, shall take appropriate steps to protect the property of children affected by HIV or AIDS. By reason of Section 16(2) of the HIV Act, the parents or guardians of children affected by HIV and AIDS, or any person acting for protecting their interest, or a child affected by HIV and AIDS may approach the Child Welfare Committee [within the meaning of that expression Under Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000] for the safe keeping and deposit of documents related to the property rights of such child or to make complaints relating to such child being dispossessed or actual dispossession or trespass into such child's house.

5) The Central and every State Government shall formulate HIV and AIDS related information, education and communication programmes which are age-appropriate, gender-sensitive, non-stigmatising and non-discriminatory.

6) The Central Government shall formulate guidelines [Under Section 18(1) of the HIV Act] for care, support and treatment of children infected with HIV or AIDS; in particular, having regard to Section 18(2) "notwithstanding anything contained in any other law for the time being in force", the Central Government, or the State governments shall take active measures to counsel and provide information regarding the outcome of pregnancy and HIV-related treatment to the HIV infected women. The Central Government shall also notify HIV and AIDS policy for establishments in terms of Section 12 of the HIV Act.

7) It is further directed that Under Section 19 of the HIV Act, every establishment, engaged in the healthcare services and every such other establishment where there is a significant risk of occupational exposure to HIV, for the purpose of ensuring safe working environment, shall (i) provide, in accordance with the guidelines, firstly, universal precautions to all persons working in such establishment who may be occupationally exposed to HIV; and secondly training for the use of such universal precautions; thirdly post exposure prophylaxis to all persons working in such establishment who may be occupationally exposed to HIV or AIDS; and (ii) inform and educate all persons working in the establishment of the availability of universal precautions and post exposure prophylaxis.

8) By reason of Section 20(1) of the HIV Act, the provisions of Chapter VIII33 of the HIV Act apply to all establishments consisting of one hundred or more persons, whether as an employee or officer or member or director or trustee or manager, as the case may be. In keeping with proviso to Section 20(1) of the HIV Act, in the case of healthcare establishments, the said provision shall have the effect as if for the words "one hundred or more", the words "twenty or more" were substituted.

9) Every person who is in charge of an establishment, mentioned in Section 20(1) of the HIV Act, for the conduct of the activities of such establishment, shall ensure compliance of the provisions of the HIV Act.

10) Every establishment referred to in Section 20(1) of the HIV Act has to designate someone, as the Complaints Officer who shall dispose of complaints of violations of the provisions of the HIV Act in the establishment, in such manner and within such time as may be prescribed. The Rules in this regard may be formulated by the Central Government at the earliest, preferably within 8 weeks from today.

11)The Secretary, Department of Labour of every state shall ensure the collection of information and data relating to compliance with Sections 19 and 20 of the HIV Act, in regard to designation of a complaint officer, in all the factories, industrial establishments, commercial establishments, shops, plantations, commercial offices, professional organizations, and all other bodies falling within the definition of "establishments" [Under Section 2(f) of the HIV Act] which reads as follows:

"establishment" means a body corporate or co-operative society or any organisation or institution or two or more persons jointly carrying out a systematic activity for a period of twelve months or more at one or more places for consideration or otherwise, for the production, supply or distribution of goods or services.

Such information shall be forwarded to the Secretary, Union Ministry of Labour and Employment, within 10 weeks. The Union Labour and Employment Secretary shall file an affidavit of compliance containing a tabular statement, with respect to implementation of provisions of the Act, within 16 weeks from today.

12) Every court, quasi-judicial body, including all tribunals, commissions, forums, etc., discharging judicial functions set up under central and state enactments and those set up under various central and state laws to resolve disputes shall take active measures, to comply with provisions of Section 3434 of the HIV Act. Chief Justices of all High Courts, shall compile information, and device methods of collecting information in that regard, anonymizing identity of persons affected, appropriately and also complying with provisions of Section 34(2) of the HIV Act. The Registrar General of the Supreme Court shall also look into the matter, and frame relevant guidelines which, after approval be issued and implemented.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7175 of 2021

Decided On: 26.09.2023

Ashish Kumar Vs. Commanding Officer and Ors.

Hon'ble Judges/Coram:

S. Ravindra Bhat and Dipankar Datta, JJ.

Author: S. Ravindra Bhat, J.

Citation:  MANU/SC/1057/2023.

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Delhi HC Guidelines directing convicts to file an affidavit of their asset and liabilities for assessment of compensation to be granted to Victim

 Section 357 CrPC is intended to reassure the victim that he/she is not forgotten in the criminal justice system. {Para 161}

162. Section 357 CrPC is a constructive approach to crimes. It is indeed a step forward in our criminal justice system.

163. The power under Section 357 CrPC is not ancillary to other sentences but in addition thereto.

164. The power under Section 357 CrPC is to be exercised liberally to meet the ends of justice in a better way.

165. Section 357 CrPC confers a duty on the Court to apply its mind on the question of compensation in every criminal case.

166. The word „may‟ in Section 357(3) CrPC means „shall‟ and therefore, Section 357 CrPC is mandatory.

167. The Supreme Court in Ankush Shivaji Gaikwad (supra) has given directions that the Courts shall consider Section 357 CrPC in every criminal case and if the Court fails to make an order of compensation, it must furnish reasons.

Quantum of compensation

168. The amount of compensation is to be determined by the Court depending upon gravity of offence, severity of mental and physical harm/injury suffered by the victim, damage/losses suffered by the victims and the capacity of the accused to pay. While determining the paying capacity of the accused, the Court has to take into consideration the present occupation and income of the accused. The accused can also be directed to pay monthly compensation out of his income.

Financial capacity of the accused

169. Before awarding compensation, the Trial Court is required to ascertain the financial capacity of the accused. This Court has formulated the format of an affidavit to be filed by the accused after his conviction to disclose his assets and income which is Annexure-A hereto.

Victim Impact Report

170. This Court has formulated the format of Victim Impact Report (VIR) to be filed by DSLSA in every criminal case after conviction. Victim Impact Report (VIR) shall disclose the impact of the crime on the victim. The format of the Victim Impact Report in respect of criminal cases, other than motor accident cases, is Annexure B-1. The format of Victim Impact Report

in respect of motor accident cases is Annexure B-2.

Summary Inquiry

171. A summary inquiry is necessary to ascertain the impact of crime on the victim, the expenses incurred on prosecution as well as the paying capacity of the accused.

172. This Court is of the view that the summary inquiry be conducted by Delhi State Legal Services Authority (DSLSA) considering that DSLSA is conducting similar inquiry under the Delhi Victim Compensation Scheme, 2018 and is well conversant with the manner of conducting the inquiry.

173. After the conviction of the accused, the Trial Court shall direct the accused to file the affidavit of his assets and income in the format of Annexure-A within 10 days.

174. After the conviction of the accused, the Court shall also direct the State to disclose the expenses incurred on prosecution on affidavit along with the supporting documents within 30 days.

175. Upon receipt of the affidavit of the accused, the Trial Court shall immediately send the copy of the judgment and the affidavit of the accused in the format of Annexure-A and the documents filed with the affidavit to DSLSA.

176. Upon receipt of the judgment and the affidavit of the accused, DSLSA shall conduct a summary inquiry to compute the loss suffered by the victims and the paying capacity of the accused and shall submit the Victim Impact Report containing their recommendations to the Court within 30 days. Delhi State Legal Services Authority shall seek the necessary assistance in

conducting the inquiry from SDM concerned, SHO concerned and/or prosecution who shall provide the necessary assistance upon being requested.

177. The Trial Court shall thereafter consider the Victim Impact Report of the DSLSA with respect to the impact of crime on the victims, paying capacity of the accused and expenditure incurred on the prosecution; and after hearing the parties including the victims of crime, the Court shall award the compensation to the victim(s) and cost of prosecution to the State, if the accused has the capacity to pay the same. The Court shall direct the accused to deposit the compensation with DSLSA whereupon DSLSA shall disburse the amount to the victims according to their Scheme.

178. If the accused does not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate for rehabilitation of the victim, the Court shall invoke Section 357A CrPC to recommend the case to the Delhi State Legal Services Authority for award of compensation from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018.

179. In pending appeals/revisions against the order on sentence in which Section 357 CrPC has not been complied with, the Public Prosecutor shall file an application seeking a direction from the Court for directing the accused to file his affidavit of assets and income in the format of Annexure- A and directions to DSLSA to conduct a summary inquiry to ascertain theloss/damage suffered by the victim(s) and the paying capacity of the accused in the format of Annexures-B/B-1 in terms of Sections 357(4) CrPC in accordance with procedure mentioned hereinabove.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 27th November, 2020

+ CRL.A. 352/2020

 KARAN Vs STATE NCT OF DELHI 

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

HON'BLE MR. JUSTICE BRIJESH SETHI

Citation: 2020:DHC:3415-DB

Author: J.R. MIDHA, J.

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Supreme Court Directions dated 15.12.2022 providing procedure regarding Motor Accident claim petition

 Accordingly, this appeal is decided with the following directions:

i) The appeal filed by the owner challenging the issue of liability is hereby dismissed confirming the order passed by the High Court and MACT.

ii) On receiving the intimation regarding road accident by use of a motor vehicle at public place, the SHO concerned shall take steps as per Section 159 of the M.V. Amendment Act.

iii) After registering the FIR, Investigating Officer shall take recourse as specified in the M.V. Amendment Rules, 2022 and submit the FAR within 48 hours to the Claims Tribunal. The IAR and DAR shall be filed before the Claims Tribunal within the time limit subject to compliance of the provisions of the Rules.

iv) The registering officer is duty bound to verify the registration of the vehicle, driving licence, fitness of vehicle, permit and other ancillary issues and submit the report in coordination to the police officer before the Claims Tribunal.

v) The flow chart and all other documents, as specified in the Rules, shall either be in vernacular language or in English language, as the case may be and shall be supplied as per Rules. The Investigating Officer shall inform the victim(s)/legal representative(s), driver(s), owner(s), insurance companies and other stakeholders with respect to the action taken following the M.V. Amendment Rules and shall take steps to produce the witnesses on the date, so fixed by the Tribunal.

vi) For the purpose to carry out the direction No. (iii), distribution of police stations attaching them with the Claim Tribunals is required. Therefore, distribution memo attaching the police stations to the Claim Tribunals shall be issued by the Registrar General of the High Courts from time to time, if not already issued to ensure the compliance of the Rules.

vii) In view of the M.V. Amendment Act and Rules, as discussed hereinabove, the role of the Investigating Officer is very important. He is required to comply with the provisions of the Rules within the time limit, as prescribed therein. Therefore, for effective implementation of the M.V. Amendment Act and the Rules framed thereunder, the specified trained police personnel are required to be deputed to deal with the motor accident claim cases. Therefore, we direct that the Chief Secretary/Director General of Police in each and every State/Union Territory shall develop a specialized unit in every police station or at town level and post the trained police personnel to ensure the compliance of the provisions of the M.V. Amendment Act and the Rules, within a period of three months from the date of this order.

viii) On receiving FAR from the police station, the Claims Tribunal shall register such FAR as Miscellaneous Application. On filing the IAR and DAR by the Investigating Officer in connection with the said FAR, it shall be attached with the same Miscellaneous Application. The Claims Tribunal shall pass appropriate orders in the said application to carry out the purpose of Section 149 of the M.V. Amendment Act and the Rules, as discussed above.

ix) The Claim Tribunals are directed to satisfy themselves with the offer of the Designated Officer of the insurance company with an intent to award just and reasonable compensation. After recording such satisfaction, the settlement be recorded Under Section 149(2) of the M.V. Amendment Act, subject to consent by the claimant(s). If the claimant(s) is not ready to accept the same, the date be fixed for hearing and affording an opportunity to produce the documents and other evidence seeking enhancement, the petition be decided. In the said event, the said enquiry shall be limited only to the extent of the enhancement of compensation, shifting onus on the claimant(s).

x) The General Insurance Council and all insurance companies are directed to issue appropriate directions to follow the mandate of Section 149 of the M.V. Amendment Act and the amended Rules. The appointment of the Nodal Officer prescribed in Rule 24 and the Designated Officer prescribed in Rule 23 shall be immediately notified and modified orders be also notified time to time to all the police stations/stakeholders.

xi) If the claimant(s) files an application Under Section 164 or 166 of the M.V. Amendment Act, on receiving the information, the Miscellaneous Application registered Under Section 149 shall be sent to the Claims Tribunal where the application Under Section 164 or 166 is pending immediately by the Claims Tribunal.

xii) In case the claimant(s) or legal representative(s) of the deceased have filed separate claim petition(s) in the territorial jurisdiction of different High Courts, in the said situation, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Claims Tribunal where the first claim petition was filed and pending. It is made clear here that the claimant(s) are not required to apply before this Court seeking transfer of other claim petition(s) though filed in the territorial jurisdiction of different High Courts. The Registrar Generals of the High Courts shall take appropriate steps and pass appropriate order in this regard in furtherance to the directions of this Court.

xiii) If the claimant(s) takes recourse Under Section 164 or 166 of the M.V. Amendment Act, as the case may be, he/they are directed to join Nodal Officer/Designated Officer of the insurance company as Respondents in the claim petition as proper party of the place of accident where the FIR has been registered by the police station. Those officers may facilitate the Claims Tribunal specifying the recourse as taken Under Section 149 of the M.V. Amendment Act.

xiv) Registrar General of the High Courts, States Legal Services Authority and State Judicial Academies are requested to sensitize all stakeholders as early as possible with respect to the provisions of Chapters XI and XII of the M.V. Amendment Act and the M.V. Amendment Rules, 2022 and to ensure the mandate of law.

xv) For compliance of mandate of Rule 30 of the M.V. Amendment Rules, 2022, it is directed that on disputing the liability by the insurance company, the Claims Tribunal shall record the evidence through Local Commissioner and the fee and expenses of such Local Commissioner shall be borne by the insurance company.

xvi) The State Authorities shall take appropriate steps to develop a joint web portal/platform to coordinate and facilitate the stakeholders for the purpose to carry out the provisions of M.V. Amendment Act and the Rules in coordination with any technical agency and be notified to public at large.

63. Registry of this Court is directed to circulate the copy of this judgment to the Registrar General of all High Courts and the Chief Secretary/Administrator of all the States/Union Territories for implementation and to carry out the purpose of Motor Vehicle Amendment Act and the Rules made thereunder.

{Para 62}

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 9322 of 2022 

Gohar Mohammed  Vs. Uttar Pradesh State Road Transport Corporation and Ors.

Hon'ble Judges/Coram:

S. Abdul Nazeer and J.K. Maheshwari, JJ.

Author: J.K. Maheshwari, J.

Decided On: 15.12.2022.

Citation: MANU/SC/1649/2022,(2023) 4 SCC 381

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Whether the court determine compensation for land acquisition on the basis of ready reckoner rates?

  Thus, there may be various factors, which are required to be

considered for determining the market value of the land. The market value of the land depends upon the location of the land; area of the land; whether the land is in a developed area or not; whether the acquisition is of a small plot of land or a big chunk of land and number of other advantageous and disadvantageous factors are required to be considered. Therefore, there cannot be the same market value for the different lands while determining the compensation for the lands acquired under the Land Acquisition Act. Therefore, the rates mentioned in the Ready Reckoner, which are basically for the purpose of collection of stamp duty and as observed hereinabove, which are the uniform rates for all the lands in the area, cannot be the basis for determination of the compensation for the lands acquired under the Land Acquisition Act. Therefore, the High Court has committed a serious error in enhancing the amount of compensation by 800% from Rs. 21/- per sq. ft. to Rs.174/- per sq. ft. relying upon and/or considering the rates mentioned in the Ready Reckoner. {Para 11}

12. Now, so far as the reliance placed upon the Government

Resolution dated 31.10.1994 by the claimants as well as the High Court is concerned, apart from the fact that the same is contrary to the law laid down by this Court in the aforesaid two decisions, what is mentioned in the said Government Resolution is that the Ready Reckoner is scientifically prepared by taking into account the geographical conditions of each area, major roads, railways, etc., as well as by inspecting the information of buying and selling transactions and that the Ready Reckoner rates are based on the talukas in rural areas and the urban areas in different parts of the city. As observed hereinabove, there cannot be a uniform market value of the land for the purpose of determination of the compensation for the lands acquired under the Land Acquisition Act. As observed herein above, the market value of the different lands vary from place to place and it depends upon various factors as observed hereinabove.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3478 OF 2022

Bharat Sanchar Nigam Limited Vs M/s. Nemichand Damodardas & Anr.

Author: M.R. SHAH, J.

Dated: JULY 11, 2022. 

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Bombay HC: 9% is the appropriate rate of interest to be awarded in motor accident compensation cases

  The Tribunal awarded an interest @ 6% p.a. from the date of application till its realization and I find substance in the submission of the learned counsel to the effect that the interest ought to have awarded @ 9% p.a., which is the appropriate rate of interest to be awarded in case of compensation to be payable for motor accidents and the Apex Court in case of Kaushnuma Begum & Ors. Vs. New India Assurance Co., MANU/SC/0002/2001 : 2001 (1) SCR 8, has observed that 9% is the appropriate rate of interest to be awarded in motor accident compensation cases. Perusal of the latest decision of the Apex Court in case of Parvinder Singh (supra), the compensation is awarded with interest @ 9%.

{Para 21}

IN THE HIGH COURT OF BOMBAY

First Appeal ST No. 96999 of 2020, 

Decided On: 07.03.2022

Manager, National Insurance Co. Ltd. Vs. Nilesh Suresh Bhandari and Ors.

Hon'ble Judges/Coram:

Bharati H. Dangre, J.

Citation: MANU/MH/1455/2022.

Read full Judgment here: Click here

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Whether claimant must prove percentage of loss of earning capacity, arising from a permanent disability in motor accident case?

 When a claimant suffers a disability as a result of such injuries and on ascertaining that the disability is of permanent nature, the assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact of such permanent disability on his earning capacity. It is expected that the mechanical formulae of calculating the loss of earning capacity depending upon the percentage of permanent disability, is not to be applied as in most of the cases, the percentage of economic loss i.e. the percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability.

Accepting the aforesaid principle, it can be seen that as far as the respondent claimant is concerned, the disability certificate has certified his disability to be 83% and the Tribunal has accepted his functional disability to be 83% and therefore, the loss of earning capacity to be 83%. However, if the claim of the claimant is that on 83% disability, he has incurred 100% functional disability, then it was imperative for the claimant to bring on record some evidence to that effect. Since the claimant suffer 83% physical disability in the present case, in order to establish that this amounted to 100% functional disability, none of the witnesses are examined by the claimant to prove the said aspect. The claimant has not projected his case before the Tribunal to the effect that on account of the permanent disability incurred by him, his functional disability is also 100%, which has resulted in loss of 100% earning capacity. In absence of any such specific evidence being brought on record, the submission of learned Advocate Ms. Nandini Chittal to that effect, do not deserve any consideration. {Para 20}

IN THE HIGH COURT OF BOMBAY

First Appeal ST No. 96999 of 2020, 

Decided On: 07.03.2022

Manager, National Insurance Co. Ltd. Vs. Nilesh Suresh Bhandari and Ors.

Hon'ble Judges/Coram:

Bharati H. Dangre, J.

Citation: MANU/MH/1455/2022.

Read full Judgment here: Click here

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What are Special Damages and General Damages under which compensation is awarded in motor accident cases?

 The heads under which compensation is awarded in personal injury cases are the following:

Pecuniary damages (Special Damages)

(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.

(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising:

(a) Loss of earning during the period of treatment;

(b) Loss of future earnings on disability. account of permanent

(iii) Future medical expenses.

Non-pecuniary damages (General Damages)

(iv) Damages for pain, suffering and trauma as a consequence of the injuries.

(v) Loss of amenities (and/or loss of prospects of marriage).

(vi) Loss of expectation of life (shortening of normal longevity).

Recording that in routine personal injury cases, compensation will be awarded only under Head 1, 2-A and 4, but in serious cases of injury where there is specific medical evidence, corroboration the evidence of the claimant, that compensation will be granted under the heads (ii)(b), (iii), (v) and (vi), relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life.

20. When a claimant suffers a disability as a result of such injuries and on ascertaining that the disability is of permanent nature, the assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact of such permanent disability on his earning capacity. It is expected that the mechanical formulae of calculating the loss of earning capacity depending upon the percentage of permanent disability, is not to be applied as in most of the cases, the percentage of economic loss i.e. the percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability.

IN THE HIGH COURT OF BOMBAY

First Appeal ST No. 96999 of 2020, 

Decided On: 07.03.2022

Manager, National Insurance Co. Ltd. Vs. Nilesh Suresh Bhandari and Ors.

Hon'ble Judges/Coram:

Bharati H. Dangre, J.

Citation: MANU/MH/1455/2022.

Read full Judgment here: Click here

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