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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Pankaj Bhatia,J.
Uttar Pradesh Power Corporation Ltd. Thru. Chairman/M.D. Andan – Appellant
Versus
Sunita Verma – Respondent
| Table of Content |
|---|
| 1. parties presented their arguments before the court. (Para 1) |
| 2. court expresses concern over public utility service's approach. (Para 2) |
| 3. factual background of the case and compensation awarded. (Para 3 , 4 , 5 , 6 , 7) |
| 4. arguments regarding the legality of the compensation awarded. (Para 8 , 9 , 10 , 11) |
| 5. court critiques petitioners' unreasonable behavior. (Para 12 , 13 , 14) |
| 6. court's reasoning on just compensation and its calculation. (Para 15 , 16 , 17 , 18 , 19) |
| 7. determination of total compensation to be awarded. (Para 20 , 21) |
| 8. final judgment and directions for payment. (Para 22 , 23 , 24) |
Hon'ble Pankaj Bhatia,J.
1. Heard Shri Abhinav Singh, learned counsel for the petitioners and Ms. Madhulika Yadav, learned counsel for the respondents.
2. This is a very sad case in which a public utility service has approached this Court and is arguing in a manner which does not bear well for the public welfare for which the petitioner was established.
3. Present petition has been filed challenging the award dated 11.10.2018 whereby the Permanent Lok Adalat has awarded a sum of Rs.13,15,000/-.
4. The respondents herein who are the claimants had moved an application allegin
The court affirmed the necessity of just compensation for the death of a contractual worker, emphasizing adherence to mandatory conciliation procedures and established compensation principles.
Settlement under the Legal Services Authorities Act precludes further claims under the Employees' Compensation Act, emphasizing the doctrine of election of remedies and the need to protect vulnerable....
The court established that compensation claims for electrocution are not within the jurisdiction of the Permanent Lok Adalat as they do not concern the supply of electricity.
Permanent Lok Adalat has jurisdiction to adjudicate compensation claims under the Motor Vehicles Act after conciliation efforts fail, affirming its authority and established processes.
An insurer cannot reject a valid claim based on procedural delays; the rights of the insured must be upheld in cases of serious injury, reflecting the principles of equity and justice.
Burden of proof lies on the insurer to establish suicide for claim repudiation, which must be backed by compelling evidence.
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