PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT
OBJECTIVES AND METHODOLOGY
OBJECTIVES:
1: TO FIND OUT AND STUDY THE PAYMENT OF COMPENSATION IN HIT AND RUN
MOTOR ACCIDENT.
2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES
METHODOLOGY
THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE
THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC
AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION.
Introduction
The number of people who get killed or maimed in motor vehicle
accidents is growing day by day. The main source of succor to such
hapless people and their dependants is the compensation that they are
entitled to receive under law. But right from 1956, motor accident
compensation law has been in a state of flux. It was in that year that
the legislature amended the Motor Vehicles Act, 1939 by inserting
several new sections. Over the years, many more amendments followed
and in 1988, a new Motor Vehicles Act replaced the old one. This book
studies various new rights created by the Motor Vehicles Act, 1988 for
claiming compensation in case of any death or bodily injury caused in
an accident arising out of the use of a motor vehicle.
Over the years, the judiciary has not only been called upon from time
to time to interpret these statutory provisions and apply them to
different facts and situations, but also to lay down the legal
principles for assessing compensation. The Motor Vehicles Act, 1988
does not provide any guidelines for the identification of the items of
loss to be compensated; nor does it lay down any criteria for the
computation of the quantum of compensation for each item of loss. The
author has successfully dealt with such and other important questions.
COMPENSATION PROVISION OF THE MOTOR VEHICLES ACT
The motor vehicles Act, 1988, like the earlier Act of 1939, makes the
insurance of motor vehicles compulsory. The owner of every motor
vehicle is bound to insure his vehicle against third party risk.
...ages was excessive compared to the damage suffered by the plaintiffs and the defendant’s “failures to fulfill contractual obligations”15. This decision could be a start in introducing punitive damages in France, though two conditions would need to be fulfilled for them to be allocated - proportionality both to the damage suffered, and to the defendant’s “failures to fulfill contractual obligations”.
Personal Injury claim cases are commonplace throughout the UK. Unfortunately, accidents resulting in personal injury occur frequently in a variety of environments. Whether an accident in an office, a road traffic accident, an agricultural accident, warehouse accident, or a victim of medical/surgical negligence if you can prove that your injury was clearly not your fault and a person in a position of responsibility acted negligently towards you then you can make a compensation claim.
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
In Domeny v. Commissioner (T.C. Memo 2010-9), the taxpayer suffered from Multiple Sclerosis and the taxpayer’s symptoms “flared up” due to a stressful work environment after she reported a co-worker for embezzlement. When the taxpayer took a leave of absence as insisted by her physician, she was terminated. As a result of a lawsuit, the taxpayer received, among other payments, $16,933 which was listed on a Form 1099-MISC as nonemployee compensation. The court ruled that because the taxpayer’s work environment did cause the increase in her symptoms and that the $16,933 portion of her settlement was intended as compensation of her physical injuries, that amount was excludable from her gross income under
The plaintiff in this action, Mr. Bell, is requesting from the Commission, to award compensation for his injury under the Worker’s Compensation Act. Mr. Bell, will be referred to as Bell, filed a workers’ compensation claim against defendant, Safe Place Children’s Home, which will be referred to as the Safe Place. Bell subsequently submitted a claim to the Safe Place human resources department and was denied. Bell’s injury is compensable because Safe Place mandated Bell’s physical presence and participation in a football game at an annual picnic which benefited Safe Place by socializing, boosting morale, and team building. An injury arises out of employment when the employee is expressly mandated at the recreational and social event and the
in October of the same year. First and foremost this legislation was passed to reduce the large
A personal injury can cause you physical and emotional suffering and be a substantial financial burden. If someone else caused your injury, you may be entitled to collect damages to compensate for your suffering and any expenses. An attorney can help you to win the compensation you're entitled to.
Tort, is a critical subject of study when analyzing common law jurisdictions. Tort, latin word for wrong, is the action of causing harm or loss to another person or party [1]. When there is an act of tort, the person who has committed the tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Despite crimes may be torts, torts may not be crimes [1] simply because a tort may not have broken a law so it does not amount to criminal offense. In fact, one must understand that the main idea of tort is not to punish the perpetrator but rather to compensate the people who suffered from the act [1].
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.
The distinction between an unfair prejudice petition and a statutory derivative action has always been in the nature of remedy sought by the claimant. This is arguably the point where a distinction is drawn as to whether a statutory derivative action or an unfair prejudice petition should be pursued. A d...
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
With so many vehicles on the roads today, automobile accidents have become an everyday occurrence. If you have been involved in a collision, it’s understandable that you’ll be upset and nervous after an accident, but it is important to remain as calm as possible and to record as many details as you can. Here is a list of some things that will need to be done both before you leave the accident scene and shortly afterwards.
During the nineteenth and early twentieth century if a worker was a victim of workplace accident there was no compensation or requirement of the employer to support rehabilitation. Employers were not responsible for injured workers or accidents that happened in the workplace. The main legal doctrine of Assumption of Risk governed workplace hazards, which required workers to assume and accept all the risks affiliated with their occupation (Share, 2012). In the 1900 's many diseases and injuries resulted due to unsafe or hazardous working condition. "The Royal Commission on the Relations of Labour and Capital reported in 1889 that many workers were being hurt on the job and condemned the state of working conditions in several industries" (CPHA, 2012). However, the federal government at the time did not act on the results of the commission report. In 1914, the province of Ontario introduced legislation where, "workers would be eligible for guaranteed no-fault benefits from a system that was wholly funded by employers. In exchange, employers were freed from legal liability" (CPHA, 2012). This was the first time the idea came up that injured employees should be compensated no matter who was at fault for the accident. This was the sign of the beginnings of change, but perspectives on health and safety still held employees responsible and accountable for all injuries and
Torts can be divided into two main categories; negligence and intentional torts. Negligence torts function as the hallmark of tort liability, and of tort law suits, are the most common. Under this legal premise, people have the responsibility to act with proper diligence and reasonable care and skill to avoid injuring other people. Intentional torts are civil wrongs that were committed deliberately. In contrast to a negligence act that is usually an accident caused by the lack of responsible care. Under tort law, intentional torts include acts of assault, battery, slander and libel, false imprisonment, and intentional infliction of emotional distress.
Last year I got involved in a massive car accident. It was the most terrified part of life. It was the moment. I will never forget in my whole life. Before, I never realized how people really feel when a car accident happens.But,after this car accident I know what really it felt like. It was the moment. My mind was totally feared of driving. I was crushed by the hot metal and cold dirt of car. I was not feeling my arm,my body was numbed.It was felt like my lower body pressed down with monster force. All I could feel was the noise of car accident ringing in my ear.I was barely able to move my body. I was kept thinking. What my parents going to think about this? Where is my friend John? I looked through the window and saw the cars passing by