[Motor Accidents Claims] Compensation For Loss Of Future Prospects Can Be Awarded In Cases Of Permanent Disablement Also: SC

first_imgTop Stories[Motor Accidents Claims] Compensation For Loss Of Future Prospects Can Be Awarded In Cases Of Permanent Disablement Also: SC Ashok Kini17 Sep 2020 5:59 AMShare This – x”Just compensation” should include all elements that would go to place the victim in as near a position as she or he was in, before the occurrence of the accident.The Supreme court has observed that compensation for loss of future prospects can be awarded in cases of permanent disablement incurred as a result of a motor accident.The bench comprising Justices L. Nageswara Rao, Krishna Murari and S. Ravindra Bhat disagreed with the Delhi High Court view that addition in income towards “future prospects” can only be given in case of death, and not for…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme court has observed that compensation for loss of future prospects can be awarded in cases of permanent disablement incurred as a result of a motor accident.The bench comprising Justices L. Nageswara Rao, Krishna Murari and S. Ravindra Bhat disagreed with the Delhi High Court view that addition in income towards “future prospects” can only be given in case of death, and not for injury. It observed that that the Courts should not adopt a stereotypical or myopic approach, but instead, view the matter taking into account the realities of life, both in the assessment of the extent of disabilities, and compensation under various heads.The Apex Court considered the following issues in the appeal against High Court judgment: One, whether in cases of permanent disablement incurred as a result of a motor accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects too; and two, the extent of disability.On the first question, the bench noted that the High Court was not correct in excluding the possibility of compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. It said:On the first question, the High Court no doubt, is technically correct in holding that Pranay Sethi involved assessment of compensation in a case where the victim died. However, it went wrong in saying that later, the three-judge bench decision in Jagdish was not binding, but rather that the subsequent decision in Anant to the extent that it did not award compensation for future prospects, was binding. This court is of the opinion that there was no justification for the High Court to have read the previous rulings of this court, to exclude the possibility of compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. Such a narrow reading of Pranay Sethi is illogical, because it denies altogether the possibility of the living victim progressing further in life in accident cases – and admits such possibility of future prospects, in case of the victim’s death. This court has emphasized time and again that “just compensation” should include all elements that would go to place the victim in as near a position as she or he was in, before the occurrence of the accident. Whilst no amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident, (or replace the loss of a loved one), monetary compensation is the manner known to law, whereby society assures some measure of restitution to those who survive, and the victims who have to face their lives. Courts should not adopt a stereotypical or myopic approach In this case, the claimant, a 20-year-old data entry operator (who had studied up to 12th standard) had incurred permanent disability, i.e. loss of his right hand (which was amputated), which was assessed to be 89%. The tribunal and the High Court re-assessed the disability to be only 45%, on the assumption that the assessment for compensation was to be on a different basis, as the injury entailed loss of only one arm. Disagreeing with this approach, the bench observed:”This approach, in the opinion of this court, is completely mechanical and entirely ignores realities. Whilst it is true that assessment of injury of one limb or to one part may not entail permanent injury to the whole body, the inquiry which the court has to conduct is the resultant loss which the injury entails to the earning or income generating capacity of the claimant. Thus, loss of one leg to someone carrying on a vocation such as driving or something that entails walking or constant mobility, results in severe income generating impairment or its extinguishment altogether. Likewise, for one involved in a job like a carpenter or hairdresser, or machinist, and an experienced one at that, loss of an arm, (more so a functional arm) leads to near extinction of income generation. If the age of the victim is beyond, the scope of rehabilitation too diminishes. These individual factors are of crucial importance which are to be borne in mind while determining the extent of permanent disablement, for the purpose of assessment of loss of earning capacity. “”Courts should not adopt a stereotypical or myopic approach, but instead, view the matter taking into account the realities of life, both in the assessment of the extent of disabilities, and compensation under various heads. In the present case, the loss of an arm, in the opinion of the court, resulted in severe income earning impairment upon the appellant. As a typist/data entry operator, full functioning of his hands was essential to his livelihood. The extent of his permanent disablement was assessed at 89%; however, the High Court halved it to 45% on an entirely wrong application of some ‘proportionate’ principle, which was illogical and is unsupportable in law. What is to be seen, as emphasized by decision after decision, is the impact of the injury upon the income generating capacity of the victim. The loss of a limb (a leg or arm) and its severity on that account is to be judged in relation to the profession, vocation or business of the victim; there cannot be a blind arithmetic formula for ready application. On an overview of the principles outlined in the previous decisions, it is apparent that the income generating capacity of the appellant was undoubtedly severely affected. Maybe, it is not to the extent of 89%, given that he still has the use of one arm, is young and as yet, hopefully training (and rehabilitating) himself adequately for some other calling. Nevertheless, the assessment of disability cannot be 45%; it is assessed at 65% in the circumstances of this case.”Mental Trauma Also Needs To Be ConsideredPartly allowing the appeal, the bench enhanced the compensation to ₹19,65,600/-. While parting, the bench further observed:”It needs to be underlined that Courts should be mindful that a serious injury not only permanently imposes physical limitations and disabilities but too often inflicts deep mental and emotional scars upon the victim. The attendant trauma of the victim’s having to live in a world entirely different from the one she or he is born into, as an invalid, and with degrees of dependence on others, robbed of complete personal choice or autonomy, should forever be in the judge’s mind, whenever tasked to adjudge compensation claims. Severe limitations inflicted due to such injuries undermine the dignity (which is now recognized as an intrinsic component of the right to life under Article 21) of the individual, thus depriving the person of the essence of the right to a wholesome life which she or he had lived, hitherto. From the world of the able bodied, the victim is thrust into the world of the disabled, itself most discomfiting and unsettling. If courts nit-pick and award niggardly amounts oblivious of these circumstances, there is resultant affront to the injured victim.”Case name: PAPPU DEO YADAV vs. NARESH KUMAR Case no.: CIVIL APPEAL NO. 2567 OF 2020Coram: Justices L. Nageswara Rao, Krishna Murari and S. Ravindra Bhat Click here to Read/Download JudgmentRead JudgmentNext Storylast_img read more

TUESDAYS READERS FORUM

first_imgWHAT ON YOUR MIND TODAY?Our next “IS IT TRUE” will be posted on this coming Wednesday?Please take time and read our newest feature article entitled “HOT JOBS” posted in this section are from Evansville proper.If you would like to advertise in the CCO please contact us City-County [email protected] “Readers Poll” question is:  How would you rank Governor Pence job performance over the last several years?Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributedFacebookTwitterCopy LinkEmailSharelast_img

Where Corn Don’t Go (A Harvest Parody)

first_imgShare Facebook Twitter Google + LinkedIn Pinterest The Ohio Ag Net’s Ty Higgins has a few ideas for farmers looking to hold on to some corn until prices rebound.(A Parody of Travis Tritt’s “Where Corn Don’t Grow)LyricsAs he sat in the combine Thinking ‘bout the bins filled to the top With the harvest taking from another year of growing cropsHe’s running out of storage And he starts wondering where else that it can go Now he’s trying to get creative finding spots Where corn don’t goCan find a deal Low price is real no matter where you go You can’t change his mind so he’s making piles Where corn don’t golast_img

Here’s Where Recent Grads Want to Work in 2019

first_imgTags:#business jobs#coding#coding education#Entrepreneurs#internships#LinkedIn#The Intern Group#work trends Follow the Puck Why IoT Apps are Eating Device Interfaces David Lloyd is the CEO of The Intern Group, an award-winning international internship program. Many graduates from May 2018 have found jobs, but some are still looking. That group of “those who are still looking,”  now coupled with the December 2018 graduates — all find themselves vying for similar positions. The fact is some industries are in more demand than others.Finding out where graduates plan to work in the future falls in well-rounded categories. One thing is clear: graduates are looking for internships to round out their experience.There is a pattern with placement requests according to The Intern Group — a company where students or recent graduates are placed in international internships. The data science team in The Intern Group compiled all applicants to understand which industries are currently the most popular.The Intern Group offers 25 career fields for interns to choose from when applying, combining that information with LinkedIn’s 2018 study to narrow down where recent graduates want to work this year. The data is comprised of roughly 32,000 student or recent graduate applicants from 2018. Each student had to prioritize an industry where they’d like to find work. Using that data and the LinkedIn results — here are the top five most popular industries.1. BusinessOur findings match up nicely with LinkedIn’s study in the business category. Roughly 12 percent of The Intern Group’s placement requests are in the field of business.Six of the top ten jobs wanted by recent graduates are business-related. Administrative assistant, recruiter, and business analyst are very much business jobs. The others such as account executive, research assistant, and account manager all are related to business, though could fall in other industries.Many students study business or complete internships at SMEs and then want to turn to a large company early in their career, which makes it no surprise that this is a top field where recent graduates want to work.2. Finance and AccountingFinance and accounting make up about 10 percent of The Intern Group’s requests. These students are studying or just finished a degree in mathematics, accounting, statistics, or economics and want to gain real-world experience.The LinkedIn study has a financial analyst as a top position, and it’s worth noting that many major financial companies are extremely sought after places to work. Places such as Lockheed Martin, Deloitte, and Accenture all recruit on-campus looking for top talent, though these positions are extremely competitive.3. EngineeringMany students feel the pull of Silicon Valley and want experience that part of business before heading somewhere else for a career. According to LinkedIn, software engineer and project engineers are two of the top ten most popular jobs for recent graduates.What comes as no surprise is that Amazon is the top place where recent graduates want to work. With Amazon opening new offices in New York City and Arlington, VA, many more graduates will get the chance to work at the technology powerhouse. A CNN study has Google as the top contender for job placement, with companies such as Microsoft rounding out the top ten.Many of applicants for available jobs have coding skills, and 9 percent of these graduates want an internship in an engineering position. These are popular picks since there is a minimal language barrier when coding.  Smaller offices are willing to give recent graduates real, hands-on experience that can add-up to a lot of value on their resumes.4. PR and MarketingThere are renowned communications departments in colleges across the globe, so it comes as no surprise that public relations and marketing are top requests. Out of the roughly 7 percent of graduate requests in these departments, some students wanting experience working on bilingual campaigns to add a competitive edge to their resume.The marketing coordinator position makes LinkedIn’s top ten, and many account executives and account managers also fall into the marketing realm. Many companies are looking to hire these tech-savvy graduates, as they now come with coding and language experience that can help create dynamic marketing campaigns.5. LawNot included on LinkedIn’s list is law — which is still a popular industry for recent graduates. The data here is matched by the surge in law school applicants. In 2018, the number of people applying to law school rose 8 percent. There are over 60,000 students that apply to law school each year.Many recruiters receive about 2,000 requests for law internships per year. Many students or recent graduates on the fence about practicing law want to intern at a law group to get a feel for a day-in-the-life. Some then choose to abandon a law career, and the others typically apply for law school.The competitive job landscapeThe job market remains competitive for recent graduates. While many students graduate with new, technological-based skills, snagging a job at Google, IBM, or Goldman Sachs is still tough. Though now that many colleges and universities require or at least encourage an internship before graduation, many students find themselves more prepared to enter the workforce.Image source What it Takes to Build a Highly Secure FinTech … David Lloyd Trends Driving the Loyalty Marketing Industry Related Posts last_img read more

South Korea will face Qatar in Asian Cup quarterfinals

first_imgSouth Korean players celebrate after scoring their secodn goal during the AFC Asian Cup round of 16 soccer match between South Korea and Bahrain at the Rashid Stadium in Dubai, United Arab Emirates, Tuesday, Jan. 22, 2019. (AP Photo/Kamran Jebreili)UBAI, United Arab Emirates — Tottenham will be without Son Heung-min for a while longer after the midfielder helped South Korea reach the quarterfinals of the Asian Cup.South Korea, which finished runner-up in 2015, is one of the tournament favorites but needed extra time to beat Bahrain 2-1 in the round of 16 on Tuesday.ADVERTISEMENT Grace Poe files bill to protect govt teachers from malicious accusations PH underwater hockey team aims to make waves in SEA Games PLAY LIST 02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games02:11Trump awards medals to Jon Voight, Alison Krauss US judge bars Trump’s health insurance rule for immigrants Qatar had hit the crossbar early in the match though Abdelkarim Hassan.Iraq could have ended the match with 10 men, but Safaa Hadi only received a yellow card for a poor challenge late on.Sports Related Videospowered by AdSparcRead Next Fuel surge SEA Games hosting troubles anger Duterte Oil plant explodes in Pampanga town Lacson backs proposal to elect president and vice president in tandem Oil plant explodes in Pampanga towncenter_img View comments MOST READ LATEST STORIES Private companies step in to help SEA Games hosting Don’t miss out on the latest news and information. Bahrain became the first team to score against South Korea in the tournament when it leveled 13 minutes from time.Hong Chul managed to clear Mahdi Alhumaidan’s attempt off the line but Mohamed Saad Alromaihi slammed in the rebound.Bahrain’s task grew harder when Alawi was injured toward the end of regular time. The goalkeeper attempted to carry on but eventually had to be replaced by Abdulkarim Fardan, who had never played a competitive international match.Like South Korea, Qatar had not let in a goal in the group stage and it preserved that record against Iraq at the Al Nahyan Stadium in Abu Dhabi.Bassam Al Rawi scored the only goal of the match in the 62nd minute with a free kick into the left side of the net.ADVERTISEMENT ‘We are too hospitable,’ says Sotto amid SEA Games woes It will face Qatar at the Zayed Sports City Stadium in Abu Dhabi on Friday after the 2022 World Cup host beat Iraq 1-0.At the Rashid Stadium in Dubai, substitute Kim Jin-Su scored his first international goal right at the end of the first period of extra time to send South Korea through.FEATURED STORIESSPORTSPrivate companies step in to help SEA Games hostingSPORTSUrgent reply from Philippine ‍football chiefSPORTSWin or don’t eat: the Philippines’ poverty-driven, world-beating pool starsThe defender, who had only come on 10 minutes earlier, netted with a diving header at the far post following Lee Yong’s cross.Lee had also set up South Korea’s first goal with another cross after being picked out by a threaded pass from Son. Bahrain goalkeeper Sayed Shubbar Alawi managed to push out the cross but it went straight to Hwang Hee-chan, who slotted it home.last_img read more

Philippine Navy earns trips to China for Kings of Kings Basketball Challenge

first_img‘Rebel attack’ no cause for concern-PNP, AFP Don’t miss out on the latest news and information. Private companies step in to help SEA Games hosting The Philippine Navy basketball team with Go For Gold head Jeremy Randell Go. CONTRIBUTED PHOTOMANILA, Philippines– Philippine Navy Sea Lions earned a ticket to the Kings of Kings Basketball Challenge main tournament in Shanghai, China after ruling the Manila leg at Taft Food by the Court recently.The Go for Gold Philippines-backed Sea Lions overcome Singson’s Demigods, which featured several imports and players from the MPBL, in the finals of the five-on-five, race-to-21 streetball style of competition.ADVERTISEMENT Dominic Thiem edges into French Open third round The Philippine Navy team will don the country’s colors in the main challenge in Shanghai, where they will face teams from China, United States, Russia and Europe from August 8-11.“We didn’t expect to win. From the star, our plan was to use the tournament to gain experience and as tuneup for the AFP-PNP-PCG Olympics,’’ said Philippine Navy Sea Lions head coach Sn2 Valiant Pera PN.FEATURED STORIESSPORTSPrivate companies step in to help SEA Games hostingSPORTSPalace wants Cayetano’s PHISGOC Foundation probed over corruption chargesSPORTSSingapore latest to raise issue on SEA Games food, logistics“Aside from the fact that they were big, most of them played in the big leagues. We just stuck to our gameplan and tried our best,’’ added Pera.Go for Gold Pilipinas, which is also backing a number of national athletes, is delighted to throw its support behind the Sea Lions. Catholic schools seek legislated pay hike, too DA eyes importing ‘galunggong’ anew Ethel Booba twits Mocha over 2 toilets in one cubicle at SEA Games venue Trending Articles PLAY LIST 00:50Trending Articles01:2760-40 sharing ‘fair’ as China will spend for WPS exploration—Esperon01:32PH Navy urged to join freedom of navigation patrols of naval powers02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games02:11Trump awards medals to Jon Voight, Alison Krauss Two-day strike in Bicol fails to cripple transport “We are happy to support our men and women in the armed forces. Their sacrifice inspires us and we want to help them in our small way,’’ said Go for Gold Philippines godfather Jeremy Go.Also supporting the team are top Philippine Navy Officials VADM Robert A. Empedrad (Flag Officer in Command, Philippine Navy), Commodore Adelius S. Bordado AFP (Commander, NIC), CDR Bernardo F. Manarpaac ( Director, DCSS) and LCDR Reimon T. Retaga PN (Officer In Charge, PN Sea Lions Team).Sports Related Videospowered by AdSparcRead Next Cayetano: Senate, Drilon to be blamed for SEA Games mess MOST READ PDEA chief backs Robredo in revealing ‘discoveries’ on drug war LATEST STORIES View commentslast_img read more

Spotted Hornelen Reaches Norway

first_imgImage Courtesy: Redwise Maritime ServicesIn today’s spotted we bring you the image of Norwegian ferry operator Fjord1’s newly built ferry Hornelen seen at the port of Florø, Norway, following her maiden voyage. Hornelen and her sister vessel Losna were ordered by Fjord1 at Ada shipyard in Turkey in January 2015. The vessels were designed by Multi maritime.Fjord1 contracted ship delivery specialist Redwise Maritime Services to deliver both vessels under own power, on their maiden voyage.The Hornelen is classed by DNV-GL and equipped with two Caterpillar C32 main engines. The 74 meter vessel can carry 199 passengers, 60 cars and 5 trucks.The ferry will enter service on Måløy-Oldeide in Western Norway.Apart from the crew, including Fjord1 representatives, Redwise provided for the fuel, lubricants and filters for the voyage, together with the usual sets of updated charts, Nautical Publications etc.In addition Redwise added their satellite communication equipment sets and medical chest, handled ports clearances and the entire vessel management.last_img read more

Ernst Russ Invests in Two SecondHand Boxships

first_imgzoom Germany’s ship manager Ernst Russ Group has acquired two second-hand containerships.The two fleet additions feature 2,450 TEU and 2,785 TEU of capacity respectively and have an average age of around 12 years.ABN AMRO – Global Transportation & Logistics provided financing for the acquisition, however, the price of the two ships was not disclosed.The transaction was structured and carried out by Ernst Russ Maritime Management GmbH & Co. KG as the maritime asset manager of the Ernst Russ Group.According to Ernst Russ, a company within the northern German maritime cluster has been given responsibility for the technical management of the ships, while another unidentified partner would be in charge of chartering the ships.“After the successful acquisition of a larger ship portfolio in 2016, Ernst Russ Group expands the fleet of actively managed ships and continues to align itself as a partner for professional and institutional investors along the entire maritime value chain,” the company said.The group manages a fleet of around 150 container, tanker and bulker vessels.last_img read more

Trade Facilitation Task Force urged to focus on boosting competitiveness

first_img Electricity Cost of Service Study among the big agenda items at September 11 Cabinet meeting Recommended for you #MagneticMediaNews Related Items:#magneticmedianews Facebook Twitter Google+LinkedInPinterestWhatsAppKingston, Jamaica, December 19, 2016 – Minister of Industry, Commerce, Agriculture and Fisheries, Hon. Karl Samuda, has charged members of the Trade Facilitation Task Force to explore strategies that will enable the country to become more competitive within the Caribbean region and globally.“We must collectively… concentrate immediately without delay on ways of reducing our charges at the port of entry… to remove bureaucracy from the process of both importing and exporting.   I happen to believe that an importer of raw material for the purpose of converting agricultural produce into agro-industry should be at the head of the line,” he said.Minister Samuda was addressing a meeting with members of the body held at the Ministry’s offices in New Kingston recently.  He urged them to be specific in their recommendations and set time frames for which the measures should be achieved. “By so doing, I think the task force can make the greatest contribution with all players on board,” he said.The task force, established under the National Competitiveness Council in the Ministry, is charged with improving the business environment in order to boost trade and enable the country to fully meet its obligations under the World Trade Organization (WTO) Agreement on Trade Facilitation.Minister Samuda said the work of the body is critical to achieving economic growth.  He urged that stronger linkages be forged with the critical Ministries and Departments, in order to achieve its objectives as well as redound to the overall benefit of the country.In the meantime, Minister Samuda said agro-processing “is the modern way to go” in order to retain the value of the goods that are produced locally.   He said the role of JAMPRO is critical in maximising the benefit from agro-processing.  “So, it is JAMPRO who must introduce our manufacturers to lucrative markets, not just to get investors to come in and invest but also to search out lucrative markets,” he argued.For her part, Minister of State in the Ministry of Finance and the Public Service, Hon. Fayval Williams, urged the task force “to leave no stone unturned” in ensuring that the country’s trade-facilitation processes and systems are modernised and in keeping with 21st -century best practices.  “This is critical if we are to benefit from the renewed global investor confidence and the improved ranking from international rating agencies,” she said.Trade facilitation is an integrated approach to reducing complexities and cost of trade transactions and ensuring that all these activities take place in an efficient, transparent and predictable manner.center_img ALERT # 2 ON POTENTIAL TROPICAL CYCLONE NINE ISSUED BY THE BAHAMAS DEPARTMENT OF METEOROLOGY THURSDAY 12TH SEPTEMBER, 2019 AT 9 PM EDT Facebook Twitter Google+LinkedInPinterestWhatsApp The Luxury of Grace Bay in Down Town Provolast_img read more