damages
and compensation
general contents
----- Preface
to the Second Edition
----- Preface
to the First Edition
----- Abbreviation
----- Detailed
contents
----- Table
of cases
PART ONE
damages and compensation
Rules Relating to Damages
Rules Relating to COMPENSATION
DAMAGES IN TORT
Damages arising out of Contracts
Damages arising out of Sale of Goods
Damages arising out of Partnership
Compensation for violation of Fundamental Freedom and Human Rights
Compensation and Relief to Members of Scheduled Castes and Scheduled
Tribes against Atrocities
Compensation in Motor Accident
Compensation under the Workmen’s Compensation Act, 1923
Compensation under the Fatal Accidents Act, 1855
Compensation under Employees’ State Insurance Act, 1948
Compensation under the Public Liability Insurance Act, 1991
Compensation under Civil Procedure Code and Criminal Procedure Code
Compensation under the Constitution of India
compensation under the Consumer Protection Act, 1986
compensation under the Negotiable Instruments, act, 1881
Compensation under the Indian Electricity Act
Claim for Damages and Compensation against Railways
compensation under the Industrial Disputes Act, 1947
Compensation arising out ofAcquisition of Land
PART two
interim
relief
laws Relating to Interim Relief
Interim Compensation under the Criminal Law
Interim Relief under the Civil Procedure Code, 1908
Interim Relief under the Indian Railways Act, 1989
Interim Relief under the M.V. Act, 1988
Interim Relief under the Fatal Accidents Act, 1855
PART three
rules
relating to maintenance and interim maintenance
Rules Relating to Maintenance
The Hindu Marriage Act, 1955
Maintenance Under the code of criminal procedure, 1973
Maintenance under the Indian Divorce Act, 1869
Maintenance under the Special Marriage Act, 1954
Maintenance under the Muslim Women (Protection of Rights on Divorce)
Act, 1986
Maintenance under Civil procedure code, 1908
Laws relating to Interim Maintenance
Laws relating to Interim Maintenance under the Hindu Marriage Act,
1955
laws relating to the Hindu Adoptions and Maintenance Act, 1956
Interim Maintenance under the Special Marriage Act, 1954
Interim Maintenance under the Indian Divorce Act, 1869
Interim Maintenance under code of criminal procedure, 1973
INDEX
DETAILED contents
PART ONE
damages and compensation
----- Preface
to the Second Edition
----- Preface
to the First Edition
----- Abbreviation
----- General
contents
----- Table
of cases
Rules Relating to Damages
1.... Damages—Meaning of
2.... Damages—Object of
3.... Damages—Nature of
4.... Damages—Origin of
5.... Principal systems of Jurisprudence
(i)
-- Hindu Jurisprudence
(ii) Mohammedan Jurisprudence
(iii) English Jurisprudence
(iv) Anglo-Indian
Jurisprudence.
6.... Damages—Classification of.
7.... Damages—Heads of.
8.... Special damages in case of personal injury
9.... Special damages in case of fatal accident
10.... General damages in case of personal injury
11.... General damages in case of fatal accident
12.... Damages—Kinds of
(i) Contemptuous damages.
(ii) Nominal damages
(iii) Substantial or ordinary damages
(iv) Exemplary,
punitive or vindicative damages
13.... Damages—Measures of.
14.... Moral damages.
15.... “Pecuniary” and “Non-pecuniary” damages.
16.... Aggravation and mitigation of damages.
17.... Prospective damages.
18.... Consequential damages.
19.... Liquidated damages and un-liquidated damages.
20.... Statutory damages.
21.... Irreparable damages.
22.... Vindicative and punitive
damages.
23.... Aggravated and exemplary damages in English Law.
24.... Damages for illegal detention.
25.... Computation of damages.
26.... Measure of damages.
27.... No exact uniform rule for valuation.
28.... Damages and interest on delayed payment—Imposition of.
29.... Damages—Assessment of.
30.... Rejection of claim for damages.
31.... Award of damages by trial Court in absence of written
statement and full trial.
32.... Compensation—What interest—Delay
in disposal of claim before Claims Tribunal
33.... Damages—Recovery of.
34.... Suit for damages—Maintainability of.
35.... Suit for damages—Liability of payment.
Rules Relating to COMPENSATION
1.... Compensation—Concept of.
2.... Compensation—Meaning and definition.
3.... Compensation—Suggestion of
4.... Compensation—Object of.
5.... Damages and compensation—Distinction between.
6. .. Tortuous liability of the State under British Rule.
7.... Genesis of the concept of State liability.
8.... Since Constitution came into force compensation for
tortuous liability of State.
9.... Infringement of fundamental freedom and human
rights—Compensation.
10.... Change in the concept of sovereignty—A new approach.
11.... Test of sovereign and non-sovereign functions.
12.... Change in concept of sovereign immunity.
13.... Scope of the damages and compensation.
14.... Nature and extent of right to recover compensation.
15.... Compensation—Appropriate and effective remedy for redressal.
16.... Compensation in public law and private law—Claim of.
17.... Fundamental legal conceptions.
18.... Compensation—What constitutes ?
19.... Compensation—Fixation of.
20.... Quantum of compensation.
21.... Compensation —Proper subject of
22.... Compensation—Determination of.
23.... Award of compensation in public law action.
24.... Compensation—Injury trifling.
25.... Compensation amount which Court can grant
26.... To pay compensation only and no restoration of evacuee
property.
27.... Whether compensation for rehabilitation of displaced
persons?
28.... Where no compensation provided under the statute.
29.... Honest acts done with care.
30.... Compensation—Custodial death.
31.... Compensation—Death by police beating.
32.... Compensation—Death of deceased due to beating during his
incarceration.
33.... Award of compensation by criminal Courts.
34.... Compensation—Awarded by criminal Court merged with compensation
awarded by civil Court.
35.... Interim compensation or interim relief may be granted.
36.... Compensation —Writ under Article 21 of Constitution.
37.... Award of compensation by High Court in exercise of its
plenary and discretionary powers.
38.... Compensation—Where detention is
illegal.
39.... Insufficient proof of illegal detention—No entitlement for
compensation.
40.... Compensation due to treatment required was not available
in India.
41.... Government is liable to pay compensation to deceased’s
parents
42.... Compensation—Due to defective question book, examinee lost
self- control.
43.... Limitation.
44.... Award of compensation in public law may be adjusted
against the damages awarded in civil Suit.
45.... Compensation from two forums.
46.... Special provisions in relation to employees of Government.
47.... Compensation by accused—Justice to victim of crime.
48.... Damage to public property during hartal—Recovery of compensation.
49.... Compensation for losses in communal riots.
50.... Judicial compassion and compensation for mental agony.
DAMAGES IN TORT
1.... Introduction.
2.... Development of law of torts in India.
3.... Foundation of liability.
4.... Injury imports a damage.
(a) Injuria sine damnum.
(b) Damnum sine injuria.
5.... Legal remedy for damages.
6.... Tort and breach of contract—Remedy.
7.... Promise to marry—Breach of—Damages.
8.... Tort : A breach of contract and
also a crime.
9.... Breach of duty.
10.... Alternative remedy in tort.
11.... Breach of strict duty.
12.... Motor accident—Liable to pay damages on basis of rule laid
down in Rylands.
13.... Malice in law.
14.... Negligence.
15.... Liability.
16.... Maxim res ipsa
loquitur—Scope of.
17.... Res ipsa loquiter—Application
of.
18.... Volenti non fit injuria—Plea of.
19.... Immunity of State for its sovereign acts.
20.... Sovereign and non-sovereign functions—Distinction between.
21.... Test of sovereign and non-sovereign functions.
22.... Change in concept of sovereign immunity.
23.... Liability of States and Union of India.
24.... Vicarious liability.
25.... Vicarious liability of State—Recovery of compensation
amount paid by State for negligence of its employee.
26.... Union of India is vicariously liable.
27.... State held not liable.
28.... State held liable.
29.... False imprisonment.
30.... Malicious proceeding in India.
31.... Nominal damages
(a) English view
(b) Indian view.
32.... Remoteness of consequences.
33.... Test of natural and probable consequence or reasonable
foresight
34.... Test of direct consequence—Second view.
35.... Direct consequences of the negligence
36.... Same rule in India.
37.... Liability for illegal acts.
38.... Damages for mental and nervous shock.
39.... Tort of medical negligence—Principle of.
40.... Action for negligence against a doctor.
41.... Medical negligence in hospital—Damages for.
42.... Damages—Claim for—Medicine administered allegedly outlived
its shelf life.
43.... Foreign body left inside abdomen of patient—Liability of
doctors and hospital—Damages.
44.... Medical negligence—Liability of compensation.
45.... Medical negligence—Claim for compensation.
46.... Medical negligence—Liability of State to pay compensation.
47.... Damages—In emergency consent
taken of husband, not patient—Liability of doctor.
48.... Remoteness of damages in tort or contract.
49.... Contribution for damages.
50.... Defamation.
51.... Defamation—Kind of.
52.... Libel and Slander—Distinction between.
53.... Libel—Limitation for Compensation.
54.... Defamation—Actionable per se.
55.... Rule of Innuendo.
56.... Defamation—Essentials of.
(a) Statement must be defamatory.
(b) Statement must refer to the plaintiff.
(c) Statement must be published.
57.... Defence of justification or
truth.
(i) Justification or truth.
(ii) Fair and bona fide
comment.
(iii) Privilege.
(A) Absolute privilege
(a)... Statement
made in Parliament.
(b)... Reports,
papers, votes and proceedings ordered to be published by either house of
Parliament.
(c)... Judicial
Proceedings.
(d)... Solicitor
and client.
(e)... Official
duty.
(f)... News
reports.
(B) Qualified privilege.
58.... Intention—Malice or mistake in law of defamation.
59.... Trespass.
(a) Assault.
(b) Battery.
(i) Defence of property.
(ii) Lawful correction.
(iii) Defence of person.
(iv) Expulsion
of trespasser.
(v) Retaking of goods.
(vi) Statutory
authority.
(vii) Leave and licence.
(viii) Preservation of public peace.
(c) False imprisonment.
60.... Defence in action for false
imprisonment.
61.... Malicious prosecution.
(i) Prosecution by the defendant.
(ii) Reasonable and probable cause.
(iii) Malice.
(iv) Favourable termination of proceedings.
(v) Damages.
62.... Malicious civil proceedings.
63.... Claiming damages for malicious proceedings.
64.... Malicious prosecution—Claim for damages.
65.... Legal process put into force maliciously.
66.... Judgment of criminal Court and relevancy thereof.
67.... Filing of civil suit for damages—Finding
of criminal Court.
68.... Malicious prosecution—Suit for damages.
69.... Maintenance and champerty.
70.... Trespass to land.
71.... Defences in action for trespass.
72.... Tort affecting movable property.
73.... Negligence—Means
74.... Negligence—As an independent
tort.
75.... Negligence—Essentials of.
(i) Suit for damages.
(ii) Suit for negligence.
(iii) Liability for the negligent action of
State's servant.
76.... Two theories of the law of negligence.
(i) Subjective theory.
(ii) Objective theory.
77.... Contributory negligence—What is ?
78.... Principle of standard of care in negligence.
79.... Burden of proof in action of negligence.
80.... Application of maxim res ipsa
loquitur.
(a) Rule of evidence.
(b) Rule of torts
81.... Defence in action of negligence
(a) Act of God or vis
major.
(b) Inevitable accident.
(c) Vis major theory.
(d) Tort—Whether
contributory negligence.
82.... Contributory negligence of children.
83.... Remedies for negligence.
Damages arising out of Contracts
1.... Introduction.
2.... Principles of English law—Use of.
3.... Remedies in an action on a contract.
4.... Indian Contract Act—Damages and Compensation.
5.... Promisor and promisee.
(i) Privity of
Contract between Promisor and Promisee.
(ii) Doctrine under the Indian law—General.
(iii) Doctrine of privity
of contract.
(iv) Compensation
for loss of bargain by pre-emption.
(v) Past good services.
(vi) Voluntary
services are no consideration at law.
(a) Reason of the above rules.
(b) Exception to the above Rule 1 in Maritime
law.
(c) Reason and scope of the exception.
(vii) Second consideration in case of bailment.
(viii) Cases where consideration was found wanting.
(ix) Cases where consideration fails.
(a) Valuable consideration.
(b) Distinction between valuable consideration
and good consideration.
(c) Consideration and motive.
(d) Moral consideration.
(x) Contract made in contravention of Article
299 of the Constitution.
(xi) Payment of damages by insurance company does
not affect liability of the railway administration.
(xii) Damages for breach of contract.
(xiii) Special damages.
6.... Promises, express and implied.
(i) Express and implied promises.
(ii) Quantum merit.
7.... What agreement are contracts ?
(i) Claim for damages.
(ii) Contract in the terms of bill of lading.
(iii) Damages for breach of contract to deliver “frag”.
(iv) Contract
for purchase of coal—Breach committed—Claim for damages.
(v) Mere letter of acceptance does not create
any right.
(vi) Agreement
to sale.
(vii) Contract.
8.... Who are competent to contract ?
q
-- Minor.
9.... Voidability of agreements
without free consent
q Relief.
10.... Agreement void where both parties are under mistake as to
matter of fact.
q Compensation.
11.... What considerations and objects are lawful, and whatnot ?
(i) Transactions based on illicit cohabitation.
(ii) Authority to enter into an agreement.
(iii) Breach of contract committed—Suit whether
can be decreed ?
(iv) Principle.
(v) Interpretation.
(vi) Contract
against public policy.
(vii) Transaction in securities—Validity of.
(viii) Perpetuity—Doctrine of.
(ix) Agreement of lease—Enforceability of.
12.... Effect of refusal of party to perform promise wholly.
(i) Damages.
(ii) Repudiation of a new contract substituted in
place of the old contract.
(iii) Arbitrator’s power to award damages and interest
thereon.
13.... Any one of joint promisors
may be compelled to perform.
q Survivorship of joint rights and duties.
14.... Effect of failure to perform at fixed
time, in contract in which time is essential.
(i) Time as essence of contract.
(ii) Time for
payment of the bills is not essence of contract.
(iii) Provision of.
(iv) Failure
to perform at fixed time.
15.... Agreement to do impossible act.
(i) Damages.
(ii) Paragraph 3 of
the section.
(iii) Damages to
goods caused due to failure of power supply—Defendant not liable for loss or
damage caused to plaintiff.
(iv) “Leg non cogit ad impossibillia”—Meaning of.
(v) Specific
performance—Relief of.
16.... Effect of novation,
rescission and alternation of contract.
(i) Damages.
(ii) Novation after breach.
(iii) Principle of novation.
(iv) Contract—Material
alteration.
(v) Tender
document—Alteration of.
17.... Promise may dispense with or remit
performance of promise.
(i) Damages.
(ii) Negligence by
railway in carrying goods—Claim.
(iii) Accord and
satisfaction.
18.... Consequences of rescission of
voidable contract.
q Restoration of benefit.
19.... Obligation of person who has received
advantage under void agreement, or contract that
becomes void.
(i) Principle.
(ii) Applicability
and scope.
(iii) Doctrine of pari delicto.
(iv) Contract
unenforceable, equitable claim for compensation.
(v) Obligation
arising under section 65.
(vi) Void
contract.
20.... Obligation of person enjoying benefit
of non-gratuitous act.
(i) Application.
(ii) Principle laid down by the Supreme Court.
(iii) Measure of
compensation under Section 70.
(iv) Compensation
for work done.
(v) Basis of
liability under Section 70.
(vi) Applicability.
21.... Responsibility of finder of goods.
q Finder of goods.
22.... Liability of person to whom money is
paid or thing delivered by mistake or under coercion.
(i) Assessment and measure of damages.
(ii) Doctrine of
“unjust enrichment”.
(iii) Liability.
(iv) Writ
jurisdiction.
(v) Breach of
contract by plaintiff/purchaser—Not entitled to
damages.
23.... Compensation for loss or damage
caused by breach of contract.
(i) Different remedies for breach of contract.
(ii) Specific
performance and injunction.
(iii) Measure of
damages.
(iv) Breach
of contract.
(v) Damages—Award
of.
(vi) Basis
of damages.
(vii) Contract for
sale of goods.
(viii) Negligence.
(ix) Substantial
damages.
(x) Discretion of
appeal Court.
(xi) Proof.
(xii) Supreme Court
on breach of contract.
(xiii) Promise to
marry—Breach—Damages.
(xiv) Damages
awarded—Power to award
(xv) Time is always
essence of contract if the contract is relating to reconveyance
of property.
(xvi) Damages and
interest both.
(xvii) Quantum of
damages—Determination of.
(xviii) Damages can
be quantified only by way of compensation.
(xix) Consignment
not delivered in time—Breach of contract—Damages.
(xx) Contract—Lapsing of.
(xxi) Contract—Breach
of.
(xxii) Breach of
warranty—Compensation.
24.... Compensation for breach of contract
where penalty stipulated for.
(i) English and Indian law.
(ii) Penalty and
liquidated damages.
(iii) Exception.
(iv) Claim
for damages.
(v) Scope of.
(vi) Application
of the clause.
(vii) Remedies.
25.... Party rightfully rescinding contract
entitled to compensation.
q
.. Compensation.
26.... Rights of indemnity holder when sued.
(i) Damages.
(ii) Costs.
(iii) No damages.
(iv) Injunction
restraining encashment can be granted.
27.... Bailor’s
duty to disclose faults in goods bailed.
(i) Bailment—What constitutes
?
(ii) Damages due to
non-disclosure.
28.... Liability of bailee
making unauthorised use of goods bailed.
q
.. Compensation to the bailor for any damage.
29.... Effect of mixture, without bailor’s consent, when the goods can be separated.
q Damages.
30.... Effect of mixture, without bailor’s consent, when the goods cannot be separated.
(i) Bailor is entitled
to be compensated.
(ii) Compensation
after loss of gold jewellery/ornaments kept in bank locker.
31.... Return of goods bailed on expiration
of time or accomplishment of purpose.
q Damages.
32.... Bailee’s
responsibility when goods are not duly returned.
q Compensation for the use of article during
the period of wrongful detention.
33.... Right of finder of goods, may sue for
specific reward offered.
q Right to sue the owner for compensation.
34.... Pledge by person in possession under
voidable contract.
q Whether pawnee or pledgee can claim benefit ?
35.... Suit by bailor
or bailee against wrong-doer.
(i) Suit by bailee.
(ii) Damages.
36.... Apportionment of relief or
compensation obtained by such suit.
q Compensation.
37.... Extent of agent’s authority.
q Entitled to damages.
38.... Agent’s authority in an emergency.
q
.. Damages as a result of selling
goods.
39.... When agent cannot delegate.
q Liability of principal or agent for default
of a sub-agent.
40.... Representation of principal by
sub-agent properly appointed.
q Agent excluding personal liability.
41.... Knowledge requisite for valid
ratification.
q Liability for fraud.
42.... Effect of ratifying unauthorised act forming part of transaction.
q
.. Claim of damages.
43.... Termination of agency.
(i) Compensation in equitable sense.
(ii) Revocation and
renunciation of agency.
(iii) Measure of
damages.
(iv) Termination
of agency.
44.... Compensation for revocation by
principal or renunciation by agent.
(i) Compensation.
(ii) Sufficient
cause.
45.... Notice of revocation or renunciation.
(i) On the principle of natural justice.
(ii) Agency
terminated without giving notice—Suit for damage.
46.... Agent’s duty in conducting
principal’s business.
(i) Liability of an agent.
(ii) Agent’s duty to
follow instructions.
47.... Skill and diligence required from
agent.
q Compensation.
48.... Principal’s right to benefit gained
by agent dealing on his own account in business of agency.
q Liability of the agent on proper account.
49.... Agent’s lien on principal’s property.
(i) Agent’s right of lien.
(ii) Sub-agent’s
lien.
50.... Agent to be indemnified against
consequences of all lawful acts.
q Right of
agent to indemnify.
51.... Non-liability of employer of agent to
do a criminal act.
q
.. Scope.
52.... Compensation to agent for injury
caused by principal’s neglect.
q Compensation for injury.
53.... Agent cannot personally enforce, nor
be bound by, contracts on behalf of principal.
(i) Scope and applicability.
(ii) Contract to the
contrary.
(iii) Protection to
agent.
(iv) Award—Setting
aside of.
54.... Liability of pretended agent.
(i) Implied warranty.
(ii) Damages.
55.... Liability of principal inducing
belief that agent’s un-authorised acts were authorised.
(i) Applicability.
(ii) Liability.
(iii) Doctrine of
apparent authority
56.... Effect on agreement of mis-representation or fraud by agent.
(i) Principal’s right in case of misconduct of
agent.
(ii) Liability of
agents and principals.
Damages
arising out of Sale of Goods
1.... Introduction.
2.... Sale of Goods Act.
3.... Definitions
4.... Agreement to sell at valuation.
(i) Suit may be instituted for damages.
(ii) Intention of
parties.
5.... Sale by description.
q Remedy of buyer.
6.... Instalment
deliveries.
(i) Interpretation of clause (1).
(ii) Interpretation
of clause (2).
(iii) Some rules.
7.... Delivery to carrier or wharfinger.
(i) Damages from effect to delivery to carrier
or wharfinger.
(ii) Clause (3).
8.... Sale not generally rescinded by lien
or stoppage in transit.
q Sale not generally rescinded by lien or
stoppage in transit.
9.... Suit for price.
q Price—Suit for
10.... Damages for non-acceptance
q
.. Seller’s remedies for damages.
11.... Damages for non-delivery
(i) Damages for non-delivery.
(ii) Unliquidated damages to purchaser.
12.... Specific performance.
(i) ‘Ascertained goods’.
(ii) Specific
performance.
13.... Remedy for breach of warranty.
q
.. Remedies as available for breach
of warranty.
14.... Repudiation of contract before due
date.
(i) Anticipatory breach of contract.
(ii) Repudiates the
contract.
(iii) Measure of
damages in case of anticipatory breach.
15.... Interest by way of damages and
special damages.
(i) Interest by way of damages and special
damages.
(ii) Interest as
damages.
Damages
arising out of Partnership
1.... Introduction.
2.... Partnership Act.
(A) Definition.
(B) Definition
of “partnership” “partner”, “firm” and “firm name”.
(C) Duty
to indemnify for loss caused by fraud.
q Indemnity for loss and damage caused to firm
by fraud of a partner.
(D) Mutual rights and liabilities
(i) Remuneration.
(ii) What share in
profit and losses ?
(iii) Interest when payable ?
(iv) Right
to indemnify.
(v) Indemnity for
act done by partners in an emergency.
(vi) Indemnity
of loss caused to firm by wilful neglect.
(E) Liability of a partner for Acts of the Firm.
q Liability of a partner for acts of the firm.
(F) Liability of the firm for wrongful acts of a
partner.
(i) Liability of the firm for wrongful acts of a partner.
(ii) Case of
insolvency against the firm.
(iii) Recovery of
amount of goods—Suit for.
(G) Expulsion of a partner.
q Expulsion or banishment of a partner.
(H) Right to restrain from use of firm-name or
firm-property.
q Right to restrain and prohibit from use of
firm name or firm property.
(I) Effect of non-registration.
(i) Effect of non-registration.
(ii) After the death
of one partner, registration is not necessary.
(iii) Minor partner.
(iv) Damages
for misconduct.
Compensation
for violation of Fundamental Freedom and Human Rights
1.... Immunity of State for its sovereign
acts.
2.... Sovereign and non-sovereign
functions—Distinction between.
3.... Test for sovereign and non-sovereign
functions.
4.... Change in concept of sovereign
immunity.
5.... Abuse of power by public authorities.
6.... Negligent act of Government
officials.
7.... Compensation—Concept of.
8.... Compensation—Object of.
9.... Claim in public law for compensation
for unconstitutional deprivation of fundamental rights.
10.... Quantum of compensation.
11.... Illegal confinement and brutal
torture on victim by R.D.O.—Compensation either by Court or Human Rights
Commission.
12.... Beating of village women—Violation of
human rights—Compensation.
13.... Use of third degree methods and
torture by police.
14.... Speedy trial and plea of financial
constraints.
Compensation
and Relief to Members of Scheduled Castes and Scheduled Tribes against
Atrocities
1.... Compensation and relief
: How and by whom granted ?
2.... Compensation for forcing to drink or
eat inedible or obnoxious substance.
3.... Compensation for causing injury,
insult or annoyance.
4.... Compensation for derogatory acts.
5.... Compensation for wrongful occupations
or cultivation of land etc.
6.... Compensation for dispossession of
rights from any land, premises or water.
7.... Compensation for begar,
forced or bonded labour.
8.... Intimidated not to vote—Compensation.
9.... Compensation for false, malicious or
vexatious legal proceedings.
10.... Harm due to false and frivolous information : Compensation.
11.... Compensation for insult, intimidation
and humiliation.
12.... Compensation for outraged the modesty
of a woman.
13.... Compensation for sexual exploitation.
14.... Compensation for fouling of water.
15.... Compensation for denial of customary
rights of passages.
16.... Compensation on desertion of place of
residence.
17.... Harm sustained on false evidence : Compensation.
18.... Compensation for offences committed,
punishable with imprisonment of 10 years or more under Penal Code.
19.... Compensation on victimisation
at the hands of a public servant.
20.... Compensation for causing disability.
(a) Where 100% incapacitation.
(i) Non-earning member of a family.
(ii) Earning member
of a family.
(b) Where
incapacitation is less than 100%
21.... Compensation on murder.
(a) Non-earning member of a family.
(b) Earning member
of a family.
22.... Compensation for destructed or burnt
houses.
Compensation
in Motor Accident
1.... Introduction.
2.... Motor Vehicles Act, 1988.
(A)... Definitions
(i) Road Rollor.
(ii) Motor Vehicle.
(iii) Dumper.
(iv) Pay
Loader.
(B)... Liability to pay compensation in
certain case on the principle of no fault.
(i) “Goods vehicle” and “Good
Carriage”—Differentiation.
(ii) Ambit and
object of.
(C)... Provisions as to other right to claim
compensation for death or permanent disablement.
(D)
.. Permanent disablement.
(E)... Applicability of chapter to certain
claims under Act 8 of 1923.
(F)... Overriding effect.
(i) No fault liability—Purpose, ambit and scope.
(ii) .. No fault
liability—Retrospective effect—Applicability of—
(iii) No
retrospective effect.
(iv) .. Petition
filed under section 140
M.V. Act, 1988 cannot be dismissed.
(v) Compensation on
no fault liability directed to be paid.
(vi) Dependants
have right to choose their remedy under either of two statutes.
(vii) No fault
liability not negatived by wrongful act.
(viii) No fault
liability—Different from strict liability.
(ix) No fault
liability—Pillion rider—Liability of Insurance Company.
(x) No fault
liability—Interim award—Merit.
(xi) No fault
liability—Award of compensation.
(xii) No fault
liability—Fixation of negligence.
(xiii) Interim
relief to claimants.
(xiv) Interim award.
(xv) Interim
award—Disbursement of.
(xvi) Interim
compensation—Award of.
(xvii) No fault
liability—Whether interim award or choice of forum ?
(xviii) .. Alleged
tractor was not in use however.
(xix) Factum of
Insurance.
(xx) Question of
existence or validity of, while passing the interim award.
(xxi) Interest.
(xxii) Simple
fracture—Claimant is not entitled to compensation.
(xxiii) Interim
compensation—Insurer’s liability.
(xxiv) Interim award
passed—Liability of Insurance Company.
(xxv) Cover note.
(xxvi) Payment of
interim award.
(xxvii) Duty of
Tribunal to act suo motu.
(xxviii) Constitutional
complexion.
(xxix) No dismissal
of application of interim compensation.
(xxx) Condonation of delay.
(xxxi) Order
rejecting claim on ground that accident occurred due to fault of driver, set
aside—Interim compensation.
(xxxii) Nature of
enquiry under section 140 is very limited—No burden on claimant.
(xxxiii) Enhancement
of compensation applies after 14.11.1994.
(xxxiv) Interim
compensation to be adjusted.
(xxxv) Appeal
against interim award.
(xxxvi) Appeal—No
fault liability—Interim award.
(xxxvii) Interim award—Revision—
(xxxviii) Claims
under ‘no fault liability’ shall be disposed of independently.
(xxxix) Whether
appeal against interim award on no fault liability is maintainable.
(xl) Amount
of interim compensation, payable by owner of the vehicle.
(xli) Death of
driver an employee—Compensation either under Motor Vehicles Act or Workmen’s
Compensation Act.
(xlii) Violation of
terms and conditions of policy does not come in the way of allowing interim
compensation.
(xliii) No fault
liability—Objects and concept of.
(xliv) No fault
liability—Scope of the provisions.
(xlv) No fault
liability—Liability of Insurance Company.
(xlvi) No fault
liability—Interim Compensation—Liability of.
(xlvii) No fault
liability—Compensation.
(xlviii) Interim
Compensation—Award of—No fault liability.
(xlix) Section 92-A
of 1939 Act—Scope and applicability of.
(l) No fault
liability—Award of Compensation.
(G)... Special provisions as to compensation
in case of hitmotor accident.
q Breach of contract—Compensation.
(H)... Refund in certain cases of
compensation paid under
q “Reasonable compensation”—Meaning
of.
(I)... Scheme for payment of compensation in
cases of hit and run motor accidents.
solatium
scheme, 1989
(J)... Special provisions as to payment of
compensation on structured formula basis.
(K)... Option to file claim in certain
cases.
(L)... Power of Central Government to make
rules.
(i) Special provision.
(ii) Provision for
payment of compensation.
(iii) Whether only
victim can get compensation from the Solatium Fund.
(iv) Principle
laid down by Motor Vehicle (Amendment) Act, 1994 can be applied in even such
cases which occurred prior to its enactment.
(v) Compensation to
tempo driver killed by accused.
(vi) Section 163-A,
Motor Vehicles Act permits even tortfeasor to claim
compensation on
principle of no fault liability.
(vii) Limits of
statutory liability deemed to have been extended or enlarged so as to cover
liability that arises under Section 163-A.
(viii) Claim
application—Maintainability of.
(ix) Compensation—Determination
of.
(x) No fault
liability—Compensation on structured formula.
(xi) Death of young
person—Compensation—Structured formula.
(xii) Murder in
looting process of motor cycle—No ground for compensation.
(M)... Application for compensation.
(i) Limitation Act, 1963 does not apply.
(ii) Claim
application dismissed—Restoration of.
(iii) Claim petition
filed after six years—Whether time barred ?
(iv) Whether C.P.C.
applies or not ?
(v) To lead
evidence.
(vi) Who can claim compensation ?
(vii) Application
for compensation may be filed by an agent duly authorised.
(viii) Claims by
legal representatives.
(ix) Dependants
have right to choose their remedy under either of the two statutes.
(x) Claims
arising out of composite negligence.
(xi) Amendment of
application.
(xii) Filing of
petition by a duly authorised agent.
(xiii) Kinds of
damages.
(xiv) M.V.
Act and the W.C. Act.
(xv) Word “death”
applicable in interpretation of Motor Vehicles Act.
(xvi) Passengers
murdered autorickshaw driver—Compensation.
(xvii) Applicant
died during pendency of proceedings.
(xviii) Word “or
both” used.
(xix) Jurisdiction
of Claims Tribunal.
(xx) Notice under
section 80, C.P.C.
(xxi) Transfer.
(xxii) Concurrent
jurisdiction.
(xxiii) Where Claims
Tribunal directs to return petition as copies of FIR are not legible.
(xxiv) Applicant,
owner of tractor that was damaged in accident by offending bus.
(xxv) Negligence—No
finding about.
(xxvi) Negligence—Lack
of co-ordination between driver and conductor.
(xxvii) Contributory
negligence—Determination of.
(xxviii) Contributory
negligence—Presumption of
(xxix) Plea of
contributory negligence—Whethersustainable ?
(xxx) Claim
application—Non-impleadment of owner of
vehicle—Effect of.
(xxxi) Appeal for
enhancement of compensation.
(xxxii) Enhanced
compensation—Claimed for medical treatment—Bar of.
(xxxiii) Enhanced
compensation—Claimed in amended petition not barred by
limitation.
(xxxiv) Compensation—Appeal
for enhancement—Earning potentiality.
(xxxv) Recurring
compensation—Award of.
(xxxvi) Res ipsa loquiter—Applicability.
(xxxvii) Deposit of
awarded amount in fixed deposit—Justification—Principles and procedure for
withdrawal.
(xxxviii) Quantum of compensation.
(xxxix) Offending
vehicle—Involvement of.
(xl) Multiplier—Whether
proper ?
(xli) Motor
accident—Quantum of compensation.
(xlii) Claim
application—Dismissal of.
(xliii) Claim
application—Dismissal as barred by limitation.
(xliv) Claim
application—Sought exemption from Court fee.
(xlv) Claim
application—Choice of Forum.
(xlvi) Claim by
brothers—Not maintainable.
(xlvii) Death of
student aged 22 years—Compensation, determination of.
(xlviii) Negligence.
(xlix) Composite
negligence—Apportionment of inter se liability.
(l) Contributory
negligence—Apportionment of.
(li) Contributory negligence—Three persons
travelled on a motor cycle.
(lii) Contributory negligence—Burden of proof.
(liii) Delay of 3-1/2 months—Condonation
of.
(liv) Compensation—Enhancement of.
(lv) Rash and negligent driving—Proof of.
(lvi) Expression “claimant resides”—Means.
(lvii) Claim petition filed under Sections 163-A
and 166 separately—Scope of.
(N)... Claims Tribunals.
q Claim Tribunal—Duty of.
(O)... Bar on jurisdiction of civil Courts.
(i) Where to file application for compensation ?.
(ii) Constitution of
Claims Tribunal and bar on jurisdiction of civil Courts.
(iii) Generous
compensation.
(iv) Claims
Tribunal—Jurisdiction of.
(v) “Use”—Meaning of.
(vi)
Constitution of Claims Tribunal by State.
(vii) Transfer of
case from Claims Tribunal under C.P.C.
(viii) Subordinate
to High Court.
(ix) Jurisdiction of
Claims Tribunal in types of claims.
(x) Application of
section 53, E.S.I. Act.
(P)... Option regarding claims for
compensation in certain cases.
(i) Object.
(ii) Compensation
can be claimed under one Act.
(iii) Choice of
forum.
(iv) Compensation
claim before Commissioner under the M.V. Act and the W.C. Act.
(v) Option of
claimant to claim.
(vi) Claimant
preferring claim for compensation under Motor Vehicles Act is debarred from
claiming compensation under Workmen’s Compensation Act, 1923.
(vii) No twice gain.
(viii) Table under
W.C. Act, for award of compensation not applicable to claim under Section
163-A.
(ix) Accident
happened on railway crossing.
(Q)... Procedure and powers of Claims
Tribunals.
(i) Provisions.
(ii) Inherent
powers.
(iii) Fundamental
principle.
(iv) Abatement
and substitution of legal respresentative.
(v) Amendment of
claim application filed.
(vi) Eye
witness.
(vii) No new plea
can be taken.
(viii) Examination
of witness.
(ix) Negligence.
(x) Claim
application filed.
(xi) Proof of
negligence
(xii) Supreme Court
on the principle of res ipsa
loquitur.
(xiii) Claims
Tribunal’s power.
(xiv) Accident due
to bomb blast.
(xv) Driver’s duty.
(xvi) Jeep driver
killed by Manipur Rifles—Compensation.
(xvii) Duty of
Care—Whether act of God?.
(xviii) Roadworthy
condition.
(xix) Contributory
negligence.
(xx) Res ipsa loquitur.
(xxi) Plea of
inevitable accident.
(xxii) Doctrine of
imputation.
(xxiii) Last
opportunity.
(xxiv) Vicarious
liability.
(xxv) Volenti non fit injuria.
(xxvi) Claim
Tribunal—Jurisdiction of.
(xxvii) Claim for
injury—Decision on each and every issue.
insurance
of motor vehicles against third party risks
(R)... Definitions
(S)... Necessity for insurance against
third party risk.
(i) Compulsory insurance.
(ii) Scope and
object.
(iii) Compensation—Maintenance
of fund.
(iv) “Third party”—Meaning of.
(v) Owner not
getting insured against third party risks.
(vi) Third
party risks—Liability of insurance company.
(vii) Reducing seating capacity.
(T)... Requirements of policies and limits
of liability.
(U)... Validity of policies of insurance
issued in reciprocating countries.
(V)... Duty of insurers to satisfy judgments
and awards against persons insured in respect of third party risks.
(i) Comprehensive policy of insurance.
(ii) Liability of
Insurance Company.
(iii) No liability
of Insurance Co. due to no valid transfer.
(iv) Where Policy not
transferred in name of transferee of vehicle—Liability of Insurance Company.
(v) Retrospective
effect—Liability of Insurance Co.
(vi) Policy
of Insurance is best guide.
(vii) Extent of
liability.
(viii) Limited
liability proved by Insurance Company.
(ix) Liability of
Insurer.
(x) Liability of
Insurer in absence of policy—Insurer not liable.
(xi) Liability of
Insurer under sections 147 and 149 of the M.V. Act.
(xii) Gratuitous
passengers’ liability.
(xiii) Burden of
Proof.
(xiv) Accident
caused by a learner.
(xv) Vehicle driven
by person who is not duly licenced.
(xvi) Liquor taken
by driver.
(xvii) Driving by
cleaner.
(xviii) Owner of
vehicle held liable.
(xix) Damages to property—Whose liable ?
(xx) Damage to
property of third party.
(xxi) Accident caused
by such a person who was having no driving licence.
(xxii) Vicarious
liability.
(xxiii) Transfer of
certificate.
(xxiv) Scope of
section 149 of the Act—Defence raised in proceeding
by Insurer.
(xxv) Vicarious
liability of State.
(xxvi) Statutory
Insurance—Whether gratuitous passenger entitled to insurance coverage under the
oldAct ?
(xxvii) “Arising out
of use of vehicle”—Connotation of.
(xxviii) Claim for
compensation—Liability of insurer.
(xxix) Insurance
Company—Liability of.
(xxx) Damage to
property—Extent of limits of Insurance Company.
(xxxi) Act
policy—Liability of insurer.
(xxxii) “Person and
any passenger”.
(xxxiii) Motor
Insurance Policy—Breach of terms—Liability of Insurance Company.
(xxxiv) Goods
carriage—Passenger—Extent of liability of Insurance Company.
(xxxv) Gratuitous
passenger—Good vehicle—Liability of insurer.
(xxxvi) Goods
vehicle and Goods Carriage—Liability of Insurance Company.
(xxxvii) Effect of
1988 and 1939 Acts—Liability of Insurance Company.
(xxxviii) Passenger risk—Liability of Insurance Company.
(xxxix) “Any person”
or “passenger”—Meaning, scope and liability of.
(xl) Driver
held licence to drive light motor vehicle—Liability
of insurer.
(xli) Gratuitous
passenger—Liability of Insurance Company.
(xlii) Public
place—Liability of Insurance Company.
(xliii) Insurance
policy—Commencement of.
(xliv) Motor
Insurance Policy—Violation of terms and conditions—Liability of Insurance
Company.
(xlv) Death of hirer
of truck—Liability of Insurance Company.
(xlvi) Defence of driver not holding valid licence not available to Insurance Company.
(xlvii) Appeal and
joint appeal—Scope and applicability of Section 149.
(xlviii) Third party
victim—Statutory liability of insurer.
(xlix) Repudiation
of claim—Plea, driver not having valid driving licence.
(l) Third party
risk—Liability of Insurance Company.
(li) Motor Insurance Policy—Cancellation of.
(lii) Motor insurance policy—Violation of terms
and conditions—Liability of.
(liii) Non-production of policy—Effect.
(liv) Limited liability of Insurance Company.
(lv) Assessment of compensation.
(lvi) Assessment of compensation in fatal motor
accident cases.
(lvii) Multiplier method.
(lviii) Principle of Multiplier.
(lix) Safeguard the interest of
beneficiaries—Guidelines.
(lx) Just compensation—Principles of.
(lxi) Just compensation—Quantum of—Appeal for
enhancement.
(lxii) Just compensation—Assessment by Lok Adalat of High Court—Whether
sustainable ?
(lxiii) Quantum of just compensation.
(lxiv) Assessment of compensation in injury cases.
(lxv) Assessment of compensation for damages to
property.
(lxvi) Expression “third party”.
(lxvii) Burden to prove that licence
was false and not genuine lies on insurer.
(lxviii) Gratuitous passenger—Liability of Insurance
Company.
(lxix) Policy conditions violated—Insurers
liability.
(lxx) Insurance policy—Violation of
conditions—Liability.
(lxxi) Policy conditions violated—Insurer's
liability.
(lxxii) Compensation with 30% penalty—Liability of.
(lxxiii) Insurer's liability cannot restricted.—
(lxxiv) Driving licence—Valid—Onus
of proof.
(lxxv) Murder inside vehicle—Liability of Insurance
Company.
(lxxvi) Concealment of factum of incident—Liability
of Insurance Company.
(lxxvii) Compensation—Liability upon.
(lxxviii) Insurer’s liability—Prior to Amendment of
1994.
(lxxix) Fault and not fault liability—Compensation
under both—Whether deduction under fault liability, permissible ?
(lxxx) Insurance Company—Liability of.
(lxxxi) Cover note disputed—Liability of insurer.
(lxxxii) Liability of Insurance Company—Drivers licence found to be fake.
(lxxiii) Pillion rider—Liability of Insurance
Company.
(W)... Right of third parties against
insurers on insolvency of the insured.
(X)... Duty to give information as to
insurance.
(Y)... Settlement between insurers and
insured person.
(Z)... Saving in respect of sections 150,
151 and 152.
(ZA)... Insolvency of
insured persons not to affect liability of insured or claims by third parties.
(ZB)... Effect of death on
certain causes of action.
(ZC)... Effect of
certificate of insurance.
(ZD)... Transfer of certificate of insurance.
(ZE)... Production of certain certificates, licence and permit in certain cases.
(ZF)... Production of
certificate of insurance on application for authority to use vehicle.
(ZG)... Award of the Claims
Tribunal.
(i) How to record judgment and make an award ?
(ii) Claims Tribunal
to give finding on all issues.
(iii) “Just
compensation”.
(iv) Determination
of compensation amount.
(v) Compensation not
more than claimed
(vi) No
strict rules of pleadings in claim petition.
(vii) Judgment and
award.
(viii) Res judicata.
(ix) Evaluation of
Evidence.
(x) In case of
personal injury—Separate assessment
(xi) Apportionment
of liability to be paid compensation.
(xii) Award of claim
Tribunal—Vicarious liability.
(xiii) Proof
of—Negligence of driver.
(xiv) Motor
accident—Compensation.
(xv) Compensation—Must be “just” and not be a “bonanza”.
(xvi) Motor
accident—Personal injury.
(xvii) Motor
accident—Compensation—Determination of loss of income.
(xviii) Compensation—Computation
of.
(xix) Deceased an
agriculturist—Compensation—Determination of.
(xx) Compensation
amount—Release of.
(xxi) Negligence of
driver—Proof.
(xxii) Gratuitous
passengers—Goods vehicles—Liability of Insurance Company.
(xxiii) Death of
cyclists by hit from behind by Jeep—Quantum of compensation.
(xxiv) Remarriage of
widow—Denial of compensation.
(xxv) No fault
liability—Just compensation—Determination of.
(xxvi) Tribunal
should issue payment.
(xxvii) Claims to be
decided expeditiously.
(xxviii) Even under
no fault liability compensation is up to Rs. 50,000 under the provisions of the
Act.
(xxix) Speed of
30-40 k.m. of motor vehicle—Relevancy.
(xxx) Determination
theory.
(xxxi) Quantum of
compensation.
(xxxii) Additional
amount.
(xxxiii) Doctrine of
res ipsa loquitur cannot be applied.
(xxxiv) Death of
bread winner who draw salary Rs. 4,000 p.m. Compensation amount.
(xxxv) Enhancement
of compensation—Defence regarding.
(xxxvi) Direction to
release awarded amount to be kept in fixed deposit.
(xxxvii) Withholding
of amount of compensation by Insurance Company—Compromise before Lok Adalat.
(xxxviii) Permanent total disablement.
(xxxix) Compensation—Transferor
of vehicle—When liable ?
(xl) Bodily
injury—Compensation.
(xli) Pain,
sufferings and loss of amenities of life—Compensation.
(xlii) Compensation—Withdrawal
of.
(xliii) Compensation—Enhancement
of.
(xliv) Contributory
negligence—Plea of.
(xlv) Negligence—Contribution
by appellant.
(xlvi) Compensation—Assessment
of on the ground of futrue income.
(xlvii) Compensation—On
the basis of income and dependency—Whether proper ?
(xlviii) Tribunal
awarded more compensation than claimed—Whether justified ?
(ZH)... Award of interest where any claim is
allowed.
(i) Principle.
(ii) Interest.
(iii) Claim of
injury—Interest on awarded amount.
(iv) Claim
petition decided after 8 years—Interest—Award of.
(v) Interest—Rate
of.
(vi) Due
to latches on the part of claimant.
(vii) Liability of
interest.
(viii) Award of
interest—Discretion of Tribunal.
(ix) Pleading is not
necessary to grant interest.
(x) Higher rate of
compensation if not paid in specified time.
(xi) Interest due to
delay in disposal of claim before Tribunal.
(xii) Award of
Interest—From which date ?
(xiii) Rate of
interest—Discretion of Tribunal or High Court.
(xiv) Interest on
compensation—Enhancement.
(xv) Amount of
compensation—Compromised in Lok Adalat—Claim
of interest.
(ZI)... Award of
compensatory costs in certain cases.
q Award of compensatory costs.
(ZJ)... Appeals.
(i) Appeal without leave.
(ii) Appeal by
insurer on what ground ?.
(iii) Appeal not
survived.
(iv) Appeal
against interlocutory orders.
(v) Condonation of delay.
(vi) Limitation.
(vii) Delay in
filing appeal.
(viii) Additional
evidence in appeal.
(ix) No
interference.
(x) Revision.
(xi) Whether
enhancement cannot be ordered without notice to owner/driver of offending
vehicle.
(xii) Interim order.
(xiii) Precedent.
(xiv) No appeal or
revision.
(xv) Non-pecuniary
loss—No compensation for—Compensation enhanced.
(xvi) Quantum of
compensation—Reduction of—Whether justified ?
(xvii) Compensation—Quantum
of—Challenged.
(xviii) Appeal for
enhancement of compensation.
(xix) Compensation—Enhancement
of.
(xx) Third party
risk—Liability of insurer.
(xxi) Delay of 1625
days—No sufficient cause explained—Condonation not
granted.
(xxii) Quantum of
compensation—Rights of Insurance Company to challenge.
(xxiii) Appeal by
Insurance Company—Maintainability of.
(xxiv) Insurer
challenged quantum of compensation—Maintainability of.
(xxv) Insurance
Company—Right of appeal.
(ZK)... Recovery of money
from insurer as arrear of land revenue.
(i) Scope of the section.
(ii) Execution—Rules
made by State Government under Section 176 conferring powers of civil Court
under CPC on Tribunal is valid
(iii) Section 176 of
the M.V. Act 1988.
... the
motor accidents claims tribunal rules
the andhra
pradesh motor vehicles
assam motor
accident claims tribunal ruleS, 1960
the bihar motor
vehicles accidents claims tribunals rules, 1961
the bihar motor
vehicles rules, 1992
delhi motor
vehicles rules, 1993
The Gujarat
Motor Vehicles Rules, 1989
haryana motor
vehicles rules, 1993
the karnataka
motor vehicles rules, 1989
kerala motor vehicles
rules, 1989
the maharasHtra
motor vehicles rules, 1989
The orissa
motor vehicles (accidents claims tribunals) rules, 1960
the Punjab
motor vehicles rules, 1989
Motor Accidents
Claims Tribunal
tamil nadu
motor vehicles accidents
claimS tribunal
rules, 1989
u.p. motor
accidents claims tribunal rules, 1967
west Bengal
motor vehicles rules, 1989
model forms
Compensation
under theWorkmen’s Compensation Act, 1923
1.... Definitions.
(i) “Workman”.
(ii) “Workmen”—Determination
of.
(iii) Parents—Whether
dependent ?
(iv) Daily wager
electrician—Whether workman ?
(v) Total
disablement—Ambit and scope of.
2.... Employer’s liability for
compensation.
(i) Scope.
(ii) “Accident
arising out of and in the course of employment”—Meaning of.
(iii) Death of
workman—Due to natural calamity.
(iv)
Compensation—Choice of forum.
(v) “Accident”—Meaning of.
(vi) Interim
compensation.
(vii) Driver and
cleaner killed by miscreants committing dacoity.
(viii) "May
claim compensation"—In M.V. Act and W.C. Act.
(ix) Word “death”
applicable in M.V. Act and W.C. Act both.
(x) Passengers
murdered auto rickshaw driver—Compensation.
(xi) Wilful disobedience—Onus to prove.
(xii) Quantum of
just compensation.
3.... Amount of compensation.
(i) Compensation—How to be calculated
?
(ii) Disablement.
(iii) Claim for
compensation.
(iv) Determination
of compensation.
(v) Non-Scheduled
injury—Assessment of compensation.
(vi) Disability—Kinds
of.
(vii) Claim petition
filed by injured workman—Withdrawal of, obtained by playing fraud.
(viii) Assessment of
compensation—Whether amended provisions of 1995
applicable.
(ix) Lump-sum
compensation—Deduction of leave salary from half monthly payments.
(x) Unscheduled
injury—Compensation.
(xi) Percentage of
disability—Assessment by Workmen Compensation Commissioner.
(xii) Compensation—Relevant
date for determination.
4.... Compensation to be paid when due and
penalty for default.
(i) When amount of compensation becomes due ?
(ii) Amount of
penalty.
(iii) Compensation
should be paid soon.
(iv) Penalty—Imposition
of—When ?
(v) Interest and
penalty.
(vi) 12%
Interest—Payment of, whether mandatory ?
(vii) No interest
awarded—Appeal.
5.... Method of calculating wages.
(i) Amendment and Repeal.
(A) “Amendment”.
(a) Hostile amendment.
(b) Killer
amendment.
(c) Perfecting
amendment.
(d) Substitute
amendment.
(B) “Repeal”.
(a) Express repeal.
(b) Implied repeal.
(ii) Determination
of rate.
(iii) Income of the
deceased to be proved by the claimant.
6.... Review.
7.... Commutation of half-monthly payments.
q Interpretation.
8.... Distribution of compensation.
(i) Requirement.
(ii) Compensation—Distribution
of, to dependants.