ValkyaEditorial

Tagged “compensation”

18 articles on compensation.

Supreme CourtSupreme Court of India

Bernard Francis Joseph Vaz v. Government of Karnataka: when delay lets a court move the valuation date

On 2 January 2025, a two-judge Bench of the Supreme Court held that where the State takes possession of land but pays no compensation for the better part of two decades, the prolonged deprivation violates Article 300A — and that although a Special Land Acquisition Officer cannot on his own shift the statutory date for fixing market value, a constitutional court under Articles 32, 226 or 142 may, in exceptional cases of inordinate State delay, direct that market value be reckoned as of a later date. On the facts, the Court fixed the value as on 22 April 2019. A digest of the holding and its place in the Article 300A line.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

Shankar Dutt v. United India Insurance: a carpenter's skill, 100% functional disability, and the cost of a prosthetic leg over a lifetime

The Supreme Court enhanced a carpenter's motor-accident compensation to ₹35,95,923, holding that a skilled artisan's notional income cannot be pegged to minimum wages, that functional disability (100%) — not the 70% medical figure — governs loss of earning capacity, and that future prosthetic-limb costs must be quantified over the injured's lifetime.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Union of India v. Tarsem Singh: Section 3-J of the National Highways Act and the right to solatium and interest

On 19 September 2019, a two-judge bench held Section 3-J of the National Highways Act, 1956 unconstitutional to the extent it denied solatium and interest available under the Land Acquisition Act, 1894 — restoring those benefits to landowners whose land was acquired for national highways between 1997 and 2015, and harmonising the highways regime with the 1894 Act and the 2013 Act.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

ITC Ltd v. Aashna Roy (2026): compensation in consumer disputes must rest on proved evidence, not presumption

On 6 February 2026, a two-judge bench of Justices Manmohan and Rajesh Bindal upheld the finding of deficiency in service against the salon at ITC Maurya but set aside the NCDRC's ₹2 crore award, holding that a crore-rupee compensation claim cannot rest on presumptions, conjecture or unproved loss of earnings. The Court restricted the compensation to ₹25 lakh — the amount already released to the complainant. A digest of the holding and the principles for quantifying consumer compensation.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

New India Assurance v. Kamlesh (2025): pay-replicating compassionate assistance is deductible from the MV Act award

The Supreme Court, following Reliance General Insurance v. Shashi Sharma, held that compassionate financial assistance under the Haryana Rules of 2006 — which replicates the deceased employee's pay and wages — must be deducted from the loss-of-income component of a Motor Vehicles Act dependency award, because allowing both would be an impermissible double benefit. Genuinely collateral receipts such as life insurance and family pension remain non-deductible under Helen C. Rebello.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

S. Rajaseekaran v. Union of India (2024): operationalising the hit-and-run compensation scheme under s.161 MV Act

The Supreme Court issued continuing-mandamus directions to make the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 actually reach claimants — police must inform victims, file the First Accident Report, and route unfiled cases to legal-aid authorities. The Court also told the Centre to consider raising the ₹2 lakh and ₹50,000 caps.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

Sarla Verma v. Delhi Transport Corporation (2009): standardising the multiplier and personal-expense deduction

The Supreme Court used a fatal bus-accident claim to bring order to motor-accident compensation, fixing an age-based multiplier table and standard slabs for deducting the deceased's personal and living expenses. The framework became the bedrock of MACT computation, later affirmed by the Constitution Bench in Pranay Sethi.

Valkya Editorial··6 min
High CourtHigh Court of Madras

Mediaone Global v. Ad Bureau (2026): Section 138 as a compensatory, not punitive, jurisdiction

In February 2026 a single judge of the Madras High Court, hearing a criminal revision arising from the financing of the Rajinikanth film Kochadaiyaan, affirmed a Section 138 conviction yet moulded the relief into a monetary direction rather than imprisonment. A digest of the facts, the compensatory characterisation of cheque-bounce law, and what it means for sentencing under the Negotiable Instruments Act.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

KSRTC v. P. Chandramouli: group insurance and the non-deductibility doctrine in motor accident compensation

On 17 March 2026, a two-judge bench of Justices Pankaj Mithal and Prasanna B. Varale held that amounts received by the dependants of the deceased under employer-provided group insurance — or under other contractual or social-security benefits — cannot be treated as 'pecuniary advantages' liable to be deducted from compensation awarded under the Motor Vehicles Act, 1988. The judgment affirms the prior doctrinal line that advantages accruing from contracts performed during the deceased's lifetime are not outcomes of the death itself, and produces a working frame for the just-compensation architecture in motor-accident claims.

Valkya Editorial··8 min