I was a truck driver having a licence of the heavy vehicle from the transport office. I met an accident last year and my one leg and one hand are completely crushed. I was 28 years old at the date of the accident. I had been in the hospital for 15 months. I permanently disable to perform my job due to a 60% disability.
I filed a petition before MACT for compensation under section 166 of the Motor vehicle act and section 3/4 of Employee’s compensation act. My advocate claimed 35 lakh rupees as compensation but insurance company in its counterclaim said that only 2 lakh compensation should be made against the company.
Sir, I want to know how much compensation would I get from MACT, I have been filing ITR of rs 2 lakh income per annum for the last 2 years.
The MACT court awards compensation under section 166 of the Motor Vehicle Act (MV Act). There are several heads to which the court may grant compensation, which covers:
- Hospitalization expenses
- Loss of earning.
- Functional disability and unable to work for livelihood.
- Medical expenses.
- Compensation for pain and suffering during treatment.
- Expenses of an attendant during treatment.
- Transportation charges.
- Compensation for special diet & nutrition during treatment.
- Compensation for loss of happiness and enjoyment of life etc.
If you are an income tax assessee then the court will consider your ITR for determination of your income and living standard.
Since you are a driver and suffered 60% injury. In this situation, you cannot resume your work. due to permanent disability. In Raj Kumar vs Ajay Kumar (2011) 1 SCC it is held by the supreme court that if a driver comes to the loss of earning due to a permanent disability then same may be treated as 100% disability.
Hence, the court will consider your disability as 100% due to loss of earning. You are not able to work as a driver and you have not able to do another work due to lack of experience.
In Sarla Verma vs DTC (2009) 6 SCC supreme court held that compensation for loss of future income due to permanent disability shall be calculated by the court on this formula:- Per annum income of claimant × numbers of years likely to be worked by the claimant in future. Your age was 28 years at the date of the accident so you may work for 20 more years. Compensation for loss of future income would be at least 20 Lakh.
The court shall decide other compensation on the prevailing law and compensate the expenses incurred by you during treatment. It may be 4 – 5 lakh so you may get 24 to 25 lakh as compensation. In MCD Vs Uphar Tragedy Assn. (2011) 14 SCC supreme court that rate of interest should be applicable @9% from the date of filing of petition till the date of payment.
There are two suits filed in different courts. Suit A was filed in District Ratlam and suit B is filed in district Nashik. Suit A is decreed and execution proceeding id pending. Suit B is pending and one defendant of suit B took a plea that another suit, on the same cause of action, is decreed by the Ratlam court.
Now I, the plaintiff of suit B found myself in deep tragedy to recover my money which is decreed in suit A. Is there any proceeding to recover my money?
You should know that two suits cannot run concurrently on the same cause of action. Law avoids multiplicity of judgments on the same cause of action. However the first suit is decreed and the subsequent suit is pending but still, you have the right to recover your money which is decreed in suit A.
When there are many defendants and some of them have filed suit in another court have the right to get an order from the court for attachment of decreed amount/money till the decision of rights of other defendants. Defendants are interested parties in the suit.
Their right should not be curtailed due to filing of the suit in a different court or wrong court. If the execution of a decree is pending, it is presumed by the law that interest of parties is still open to decide. The executing court has right under Section 47 CPC to decide all the right come forward in its court during execution.
You should apply a direction under Order 21 rule 52 CPC as :
Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which the notice is issued:
Provided that, where such property is in the custody of a court, any question of title or priority arising between the decree-holder and any other person, not being the judgment debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such court.
The court shall pass an order in your favour and direct to the court to attach the property or decree amount until the decision of rights of interested parties.
What is the procedure to file PIL? What kind of expenditure is expected in a PIL against the central government for environmental related issues?
Any citizen of India can file Public interest litigation either before The supreme court of High court. There is the same procedure for filing PIL in both courts. Article 32 of the Indian constitution provides a fundamental right to every citizen to file writ or another proceeding before the Supreme Court for the enforcement of fundamental rights conferred in part 3 of the constitution.
Filing of the writ for the enforcement of fundamental right is also a fundamental right so the court cannot entertain it ordinarily. Article 21 of the constitution recognises a clean and healthy environment as a fundamental right. MC Mehta vs Union of India AIR 1999.
For the filing of PIL, you have to establish before the court that cause of action is related with the large public interest and you have locus standi to bring this cause of action before the court by way of PIL. No formalities are required except to give notice to the concerned department of the Government before the filing of PIL.
You can send a letter to the Chief Justice of India or Chief Justice of the High Court with details, if the court finds that there is an issue related with large public interest then the court can take your letter as a PIL (H A Khatoon vs the State of Bihar, Dhirendra Chamoli vs Union of India).
Supreme Court of India issued guidelines on 01-12-1988 regarding PIL as Petitions about environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife and other matters of public importance will ordinarily be entertained as Public Interest Litigation.
I like to file a check bounce case in fast track court. Is there any specific procedure for applying a case in fast track court? Will I get a quick judgement than the normal court? ( I have heard check bounce cases pending for 3 years in normal court). Is it possible to convert cases from normal court to fast track court? Cheque bounce case is registered on the complaint. The court of first-class judicial magistrate has jurisdiction to try these cases. Fast track courts are constituted by the court of sessions. There is no provision in law to try offences under section 138 NI Act, i.e. cheque bounce case, before fast track court. Usually, the time prescribed by the Act for fast disposal in Section 138 matters is 6 months (S. 143 N.I. Act, 1881) but unfortunately, the matters are not disposed within the said time frame as the courts are flooded with matters. Some states like Delhi, there is some special courts are constituted for fast disposal of cases registered under section 138 NI Act. The minimum period for a trial to end in a cheque bounce case is 2-3 years. In J.V. Baharuni & Anr. Vs State of Gujrat & Others AIR 2014 the Supreme court of India has given some guidelines towards cheque bounce case as:- All the subordinate Courts must endeavour to expedite the hearing of cases in a time-bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within the prescribed time limit, some efforts are required to be made to obey the mandate of law.
- The learned Magistrate has the discretion under Section 143 of the N.I. Act either to follow a summary trial or summons trial. In case the Magistrate wants to conduct a summons trial, he should record the reasons after hearing the parties and proceed with the trial in the manner provided under the second proviso to Section 143 of the N.I. Act. Such reasons should necessarily be recorded by the Trial Court so that further litigation arraigning the mode of the trial can be avoided.
- The learned Judicial Magistrate should make all possible attempts to encourage compounding of offence at an early stage of litigation. In a prosecution under the Negotiable Instruments Act, the compensatory aspect of remedy must be given priority over the punitive aspect.
- Remitting the matter for de novo trial should be exercised as a last resort and should be used sparingly when there is a grave miscarriage of justice in the light of illegality, irregularity, incompetence or any other defect which cannot be cured at an appellate stage. The appellate court should be very cautious and exercise the discretion judiciously while remanding the matter for de novo trial.
Some endeavours have been taken by the apex court for fast disposal of offences punishable under the NI Act. But no provision is made towards the trial of these offences by the fast track courts. My son is 6 years old and he is studying in class 1, I’m not a working lady. My husband has left us for 10 years and he also not taking care of us. I’m unable to maintain my family. We are living in a rented flat and my father has been paying the rent and fulfil some financial requirements. I’m puzzled and decided to commit suicide. Nothing is left in my life. My husband ruined my life completely. I never attained any function of my family because everyone asking about my husband. Sir, please suggest to me what I do to come back from this condition. In this condition, you should secure your financial requirements first thereafter you may file other cases like divorce petition, restitution of conjugal rights or cruelty case under section 498 A IPC. First of all, you should file a complaint under section 125 CRPC for maintenance of your child and yourself and compensation order under the domestic violence act. It is the utmost liability of the husband to maintain his family. It does not matter whether he is working or not. In every condition, he is liable to maintain his family. After the filing of the complaint, you should pray for interim maintenance for the fulfilment of the requirement of contesting the case and other expenses. The court is bound to make an order for interim maintenance within 60 days from the date of application. However, it is civil nature proceeding but it is provided in the criminal procedure for better and swift disposal of maintenance-related cases. In Rajeev Preenka vs Sanjeev and others AIR 2009 DEL: justice in the real sense should be done to an Indian wife who is in dire straits and unable to survive with her child for want of economic means of subsistence. In Gaurav Sondhi vs Divya Sondhi AIR 2005: it is directed by the court that “The Court must ensure that the orders of maintenance are not mere rhetoric and are meaningful and effective and give real sustenance and support to the destitute wife and/or the child.” In Radhika Narang & Ors. v. Karun Raj Narang & Anr 2009 DLT: The very purpose of interim maintenance is defeated if it takes about 3 years, as in the present case……in matrimonial disputes, the interim maintenance and custody issues deserve the most expeditious disposal. In the light of above-mentioned case laws, your complaint shall be entertained by the court in time and you will get appropriate relief. It is a clear case of domestic violence. Your husband has been committing mental cruelty against you. DV Act proceeding can run concurrently with the proceeding under section 12 CRPC. Any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil Court, Family Court or a criminal Court. Even though where a woman is subjected to cruelty by her husband or his relatives, it is an offence under Section 498A of the IPC. Therefore, to provide a remedy in the civil law for the protection of women from being a victim of domestic violence and to prevent the occurrence of domestic violence in the society for the protection of women from domestic violence, the Act, 2005 has been enacted by the Parliament. You may contact a protection officer of your district or approach a woman cell for better co-operation throughout the case. Dear Sir, My Father has bought a sellable area or Land 2 years back. My Father has all the documents like sale deed number and he has all the registered documents received from Court. He has requested for Mutation in Block office in Jan or Feb 2015. After sometimes someone able to manage some fraud papers without any sale deed or any relevant documents and he approached to CO. Because of this issue mutation is still pending. Now my question:- Is it possible for someone to take my property without showing any sale deed or by showing fraud written letter in which no sale deed number available? What action should we take against them? Thanks It may not be possible for someone else to claim right in the property which has been legally sold to another person. First, you should file FIR against him under section 420/467/468/504/506 IPC for committing fraud and criminal intimidation. You may file declaratory suit for declaration of your title in the property and make him and previous owner of the land as opposite parties. Let him give a chance to adduce all the evidence before the court regarding his claim in the property. If he has genuine documents then he will appear otherwise he somehow manages to escape. If the previous owner of the land had committed any unlawful act like took money from him and signed an agreement of sale or other documents (however all those documents cannot give the title in the property except sale deed) then he will be exposed in the declaratory suit. You may initiate legal action on the finding of the above-mentioned provisions.Within what time can I expect justice for a check bounce case? (either I have to get money or action against the person who issued the check). If he fails to pay, what would be the minimum and maximum legal action against that person?
What would be the approximate court expense and lawyer fee (pls mention yours) for undertaking the check bounce case? (In my case the check bounce amount is RS 50,000). Bouncing of a cheque invites criminal prosecution under section 138 of The Negotiable Instruments Act, 1881. Punishment for the offence under section 138 of the NI Act is imprisonment up to two years or fine which may extend to twice the cheque amount or both. The offence is bailable, compoundable and non-cognizable.
Proceedings for the dishonor of cheque must be issued if the cheque was issued in the discharge of lawful consideration. If it was issued for other purposes, any illegal gratification or any purpose mentioned in section 23 of the Contract Act, then no offence is made out on the dishonor of that cheque.
The payee makes a demand for the payment by giving a notice in writing, within 30 days of the receipt of information by him from the bank. When the drawer fails to make payment of the said amount of money within 15 days of the receipt of the said notice cause of action arises. The complaint should be made within one month of the date on which the cause-of-action arises.
According to the above mentioned legal provisions minimum, 45 days is required for filing of the complaint. It is a complaint case and it follows a summary procedure. The case will be registered on your complaint and notice will be issued to the accused. The court shall pass judgment on the recording of statements and appreciating the evidence adduced from both parties.
If both parties are taking interest in deciding the case then it’ll take 6 months to decide. Otherwise, it may take 1 to 3 years. I think Rs. 5000 will be the genuine fee for this case.
I want to get your kind advise on what to do in the case of my cousin who is facing huge harassment from his wife. He is only 12 passes out, living in Amritsar along with parents and was working in CHINA and married to a girl who is DIPLOMA in nursing and jobless at the time of marriage. It was an arranged marriage. After the marriage, the girl persuaded him to go to England at study visa. the father of boy borne the whole expenditure to send both of them to the U.K. But only after 4 months, they both returned on the plea that weather there at the UK did not suit the girl. .the husband while staying a few months went to china. A baby girl was also borne then. When the baby was just 3 months old, the wife put pressure on husband and father in law, that she wants to do B.Sc nursing. Looking for her interest in studying the father in law got her admission in the city itself and college was just 10 km from home. But soon after the admission, she insisted to study and stay in the hostel. Though unjustifiable, the in-laws bowed at her adamant attitude. Then She shifted her baby to Nani house in Bhatinda. Again the whole expenditure was borne by the in-laws family. After 2 years of study, she passed out and then insisted to do the job in LUDHIANA. i.e. a city where neither her in-laws lived nor her parents lived. The husband was quite upset abroad decided to return to India. He along with father argued to return to Amritsar and do the job there if she wants to do. but she did not accept .her parents also argued but all in vain. Despite repeated efforts when she refused to come back one day the husband, along with relatives in consultation with the parents of a girl used a mild force and anger brought the wife back. But this incident she reported to police that husband kidnapped her from the hospital hostel. All of a sudden her parents also changed. now they are demanding a share from property to get rid of police harassment. Kindly advise what the husband does to save his parents. they already have spent 20 lacs on the wife. i.e. sending Uk and on higher education. You should approach the High Court under section 482 CRPC for quashing the FIR. Husband is the guardian of the wife, both parties to the marriage must perform their marital obligations. Union of parties and cohabitation are the main marital obligation. Both parties are living in different places, she has no reasonable cause to live there (Ludhiyana) because ample opportunities are also available in Amritsar. There is a catena of judgments wherein the Supreme court is directed that mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty and does not constitute an offence. Section 362 IPC defines abduction as Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. There must be a criminal intention in doing the act, in your case, there is no criminal intent because the husband is the legal guardian of the wife so he has right to restore conjugal rights which have been destroyed by the wife. Wife has no reasonable cause to live separate if she has the opportunity to continue her job at in-laws city. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent in every marriage. Quash this FIR immediately. File application under section 482 CrPC. She has no right in husband’s property except maintenance. She is the absolute owner of her stridhan which is gifted to her at, before or after the marriage either from her parent's side or in-laws side. There are several remedies in favour of the husband. You should try to stop the investigation and save yourself from harassment. She has no right in husband’s property except maintenance. She is the absolute owner of her stridhan which is gifted to her at, before or after the marriage either from her parent's side or in-laws side. There are several remedies in favour of the husband. You should try to stop the investigation and save yourself from harassment. Hello sir, my maternal grandmother has ancestral agricultural property in Alwar Rajasthan. She has the (integral )of this land on her name after the death of her mother but the registry is not done. The son of her sister take advantage of it and changed the intekal to his name by paying a bribe to the concerned tehsildar and patwari in the revenue department. And then he gets the registry done of this land. After knowing it we filed a case against the tehsildar in revenue court as according to him it was a slip of the pen. can we file a criminal case against him under 420? If yes, what are other legal actions we can take against him? Thanks in advance. You can file an FIR under section 420/467/468 IPC and u/s 7 of Prevention of Corruption Act. Section 7 makes offence whoever being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person. Tehsildar had committed an offence under this section, his conduct shows that he committed a breach of duty for providing wrongful gain to one person by unlawful means. His conduct is relevant under section 114 of Evidence act to presume that he had committed that act for gratification. So the burden of proof will shift upon him to prove his innocence. File a complaint before the superior officer along with copies of relevant documents to show his conduct. Sir, I am working as inspector in police dept., in 2008 an old lady came with a complaint regarding some property dispute and status quo of the shop with her sons, I was in charge of the police post at that time, I went on the spot and to prevent a breach of peace I arrested his son and his two adult children under section 107/151 crpc. Later on, the magistrate sent them to jail. His son whom I arrested then lodged a civil suit in sessions court & contempt at another lower court stating therein that despite court orders I deliberately arrested him, put him in lock up, tortured him and took money out of his pocket ( fake allegations in his petition), I gave an initial statement in court but then thinking that state council would follow the matter I forgot to follow the case, now ex-partie proceedings have been initiated against the state being defendant no 1 in the case. This all happened because of the negligence of state counsel as he never attended the court. Now I have engaged my personnel lawyer who gave an application before the court seeking request for exemption from ex–partie proceedings on certain grounds, till now the case is not being heard bcoz of certain reasons. pl. send some legal guidance and shall I wait for the outcome of the application or move to the high court or is there any other remedy.Asked from: Uttar Pradesh
First of all, you should restore your case. The ex-parte decree may be set aside by the court on restoration application or qayami darkhwast. Give an application under section 151 CPC for the speedy hearing of the case. This application may be filed before the same court or before the court of District Judge. In Makhan Lal Bangal vs Manas Bhunia & Ors [2000], it is held by the Supreme Court that: “Speedy disposal is the cry of the day. Courts cannot act as silent spectators when evidence is being recorded. Judges must have full control over the file and effectively conduct proceedings keeping in view that no litigant has any such right as to waste the precious time of the court.” There is a catena of the case in which directions are given by the apex court towards speedy hearing of civil suits. If your suit is pending because of adjournments passed by the court on many dates then you may take certified copies of order sheet and approach to either the High Court or District Court for expedition order. Then the court is bound to hear the case without giving unreasonable adjournments.