Tag: compensation

Telangana: Workers union demands compensation, justice for Swiggy rider’s kin

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Hyderabad: Telangana Gig and Platform Workers’ Union (TGPWU) have demanded justice for the Swiggy delivery boy who lost his life in a tragic road accident on May 5.
Raju, 31, a resident of the Gandhi colony met with a fatal road accident while delivering food in Alwal of Hyderabad following which he was rushed to the nearby hospital. However, he soon succumbed to his injuries.
Being the only earning member of his family, Raju was survived by an old and ailing mother, a wife, and two small children.

Additionally, Raju was also paying for his wife, Soni Rasapuram’s education who is studying first year of B.Ed.
Soon after the accident, the family tried to contact the management at Swiggy. However, they ended up receiving a computer-generated response with none from the company reaching out to the family so far.
TGPWU’s founder and president, Shaik Salauddin who visited the bereaved family on Monday said, “Raju’s death stands completely ignored by the company. The family was left distressed.”
TGPWU members visit Swiggy delivery boy’s kin
The union has promised the family to step in and negotiate with Swiggy while they demand Rs 25 lakh as compensation in case of death under the Workmen’s Compensation Act, 1923 (which is to compensate workers who have encountered injuries due to an accident during their employment).
TGPWU has further demanded that police should file an FIR against the person who had hit Raju in the accident and also facilitate compensation from the accused to Raju’s family.

Accident on May 5
The incident reportedly occurred at night when a speeding car from Kanaji Guda hit a person, and then continued to run until a high-tension pole made it stop.
The incident caused injuries to three people, including Raju who was rushed to the hospital, where he succumbed to injuries.
Police identified the driver as a software employee who accelerated her car by mistake, while she was supposed to hit the brake to avoid hitting a man who came in front of the car, ending up in a major accident.
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#Telangana #Workers #union #demands #compensation #justice #Swiggy #riders #kin
( With inputs from www.siasat.com )

May 8, 2023
Shah Rukh Khan, Byju’s staffer ordered to pay compensation, return fees

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Indore: The District Consumer Disputes Redressal Commission in Indore in Madhya Pradesh has issued an order against a staffer of ed-tech firm Byju’s and film superstar Shah Rukh Khan for alleged “fraudulent behaviour” and “unfair trade practice” on the complaint of a woman who enrolled for coaching to become an Indian Administrative Service (IAS) officer.
In its order passed on Wednesday, the commission said Rs 1.08 lakh in fees deposited by complainant Priyanka Dixit at the time of admission in 2021 must be returned along with 12 per cent annual interest, while Rs 5,000 must be given to her as litigation cost and Rs 50,000 as compensation for financial and mental agony.
The commission said the local manager of Byju’s and actor Khan must pay the amount “jointly or severally” to Dixit. The term ‘jointly and severally’ refers to a partnership in which each party involved is equally liable with respect to liability.

“Since the respondents (Byju’s manager and actor Shah Rukh Khan) remained absent even after notices were served in the case and no reply was submitted on their behalf, unilateral action was taken against them,” the commission said in the order.
“The woman complainant was encouraged to take admission in Byju’s coaching (course) by placing false and misleading online advertisements on behalf of the opposition parties. No coaching facility was provided after receiving the fee and despite assurance of refund of the amount, the fee was not refunded, which in itself is fraudulent behaviour and shows unfair trade practice,” the commission’s order said.
Dixit had named Shah Rukh Khan as one of the respondents after claiming she had enrolled for the firm’s coaching course in order to prepare for the Union Public Service Commission’s civic exams after being influenced by its advertisement issued on January 13, 2021.
In her complaint, Dixit alleged the firm had assured her of coaching by good teachers and that her classes would start from January 14, 2021, which did not happen.
She said in her complaint she had asked the firm to refund her fees and cancel her admission on January 27, 2021.

Despite repeated requests, the firm did not refund her fees, Dixit’s complaint alleged.
As per provisions of the Consumer Protection Act, a person can file a complaint against a company for errors in services as well as against those advertising it, Dixit’s lawyer Suresh Kanga told PTI.
“We filed a complaint against Byju’s and Khan under these provisions as Khan featured in the advertisement of the company, which prompted my client to take admission in the said coach course,” Kanga said.
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#Shah #Rukh #Khan #Byjus #staffer #ordered #pay #compensation #return #fees
( With inputs from www.siasat.com )

April 28, 2023
Electrocution Deaths: HC Constitutes Committee To Ensure Implementation Of Safety Measures

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SRINAGAR: The High Court of JK and Ladakh High while taking serious note of the deaths caused due to electrocution and injuries due to electric shocks, ordered for the constitution of a committee to ensure the implementation of statutory safety measures and regulations enshrined in the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, in letter and spirit.
The three member panel will be headed by the Commissioner Secretary, State’s Power Development Department (PDD) and will comprise of the Chief Engineers of the Department.
The court has also directed District Magistrates of all districts in Jammu & Kashmir and Ladakh to ensure compliance with Regulation 58 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 on a war footing, which provides for clearance above ground level of conductors of overhead lines, including electricity service lines.
While awarding compensation of Rs 10 lakh to the family of Jatinder Kumar, a casual labourer, who died while carrying out restoration work on a transformer in Jammu, a bench comprising Justice Wasim Sadiq Nargal observed that that the accident occurred due to non-adherence to safety measures such as local earthings, hand insulating gloves, proper isolation, and other safety measures by the maintenance staff. “The deceased worker’s mother, wife, and daughter will receive the compensation within two months of the court order,” the bench concluded.
“It appears that deaths due to electrocution as well as bodily injuries due to electric shocks are ignored as mere accidents. The colossal loss of human lives and especially children is totally unacceptable, grim and heart rending. Such unfortunate deaths continue to occur flouting statutory measures,” bench observed.
“Article 21 of constitution ensures fundamental rights to each citizen of the country which are inalienable in nature and guarantees citizens right to live and to be treated as an individual of worth,” it added.
Justice Nargal further emphasized that, “any omission in preventing the discharge of high voltage electric energy by anyone engaged in the activity of supplying such electric energy is liable to compensate for the damage caused to a human life because of such energy.”

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#Electrocution #Deaths #Constitutes #Committee #Ensure #Implementation #Safety #Measures
( With inputs from : kashmirlife.net )

April 28, 2023
Maha: 6L hectare land affected by unseasonal rains; farmers to get compensation

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Nagpur: Maharashtra Agriculture Minister Abdul Sattar on Thursday said farmers will not face shortage of seeds or fertilisers and will get adequate compensation for crop loss due to unseasonal rains after ‘panchnamas’ (assessment) were completed.
He was addressing a press conference after chairing a review meeting of Kharif season preparation in Nagpur division.
“Farmers in the state will not face any shortage of seeds and fertilizers as these have been allocated as per district-wise demand. Compensation to the farmers affected by the recent rains will be given as soon as loss assessment surveys are completed,” a District Information Office release quoted him as saying.

“A total of 46 lakh hectares of land was affected by excessive and unseasonal rainfall between June last year and now. A total of 57 lakh farmers were affected. The state government will provide double the relief set as per National Disaster Relief Fund criteria,” he said.
Farmers in the state will get Rs 12,000 annually since the state government will pay Rs 6,000 over and above the Rs 6,000 paid by the Union government under the PM Kissan Samman Nidhi Yojana, Sattar said.
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#Maha #hectare #land #affected #unseasonal #rains #farmers #compensation

( With inputs from www.siasat.com )

April 28, 2023
Mob lynching: SC issues notice to Centre, states on plea seeking fair compensation policy

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New Delhi: The Supreme Court on Friday sought response from Centre and state governments on a PIL seeking direction to adopt uniform and fair compensation policy for victims of mob lynching in the country.
A bench of Justices K.M. Joseph and B.V. Nagarathna noted that writ petition, filed by Indian Muslims for Progress and Reforms, has been filed in public interest seeking inter alia the implementation of the directions issued by this court in the case of Tehseen S. Poonawalla v. Union of India and others (2018).
Advocate Javed R. Shaikh, counsel for the petitioner, drew the court’s attention to the pertinent passage in the aforesaid judgment wherein it was directed that the states shall frame a scheme for the purpose of providing victim compensation in cases of lynching/mob violence under Section 357A of the Code of Criminal Procedure, 1973.

He submitted that certain states have formulated a scheme while many of the states have not done so till date.
“It was further submitted that the said judgment had given guidelines as to the manner in which the victim compensation scheme had to be formulated inasmuch as the state governments have to give due regard to the nature of the bodily injury, psychological injury and loss of earnings including other opportunities such as loss of educational opportunities and expenses incurred on account of the suffering due to the mob lynching/ mob violence”, noted the top court, in its order.
“In this regard it was submitted that the endeavour of the petitioner is to seek implementation of the directions issued by this court in the aforesaid judgment and further to have as far as possible a uniform policy for grant of exgratia compensation to the victims of hate crime/mob lynching”.
After hearing the counsel, the bench said: “We issue notice to the respondents. The respondents are directed to file their respective affidavits with regard to the implementation of the directions issued in the aforesaid case and the manner in which it has been done. The said affidavit shall be filed within a period of eight weeks from the date of the service of notice.”

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#Mob #lynching #issues #notice #Centre #states #plea #seeking #fair #compensation #policy
( With inputs from www.siasat.com )

April 21, 2023
Uniform compensation to hate crime victims: SC agrees to hear plea

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New Delhi: The Supreme Court on Friday agreed to hear a petition seeking uniformity in grant of compensation to the victims of hate crime and mob lynching, and sought the response of the Centre, states and union territories.
A bench of Justices KM Joseph and BV Nagarathna also asked the Centre, states and UTs to inform it within four weeks by way of affidavits about the steps taken for formulating a scheme for providing relief to the families of victims of mob lynching, as directed by it in the 2018 verdict in the Tehseen Poonawala case.
It posted the matter for further hearing after eight weeks.

Advocate Javed Sheikh, appearing for petitioner ‘Indian Muslim for Progress and Reforms’ (IMPAR), said some states have framed schemes pursuant to the 2018 verdict of the apex court but there was no uniformity, while many states still do not have any such scheme.
He gave the example of Rajasthan where, in the event of an earning member getting lynched by a mob, the family gets Rs 5 lakh compensation which is reduced to Rs 2.5 lakh in case of a non-earning member.
Sheikh sought a direction to the states for formulating a uniform compensation scheme.
The plea, filed through advocate Rizwan Ahmad, said the petitioner is praying for an order or direction to bring in uniformity in the grant of compensation to the victims of hate crimes/lynching/mob lynching as the present practice of granting ex-gratia amounts by various state governments is discriminatory and contrary to the provisions of Articles 14, 15 and 21 of the Constitution of India.
It said that IMPAR also prays for an order directing the State Governments and Union Territories to provide just, fair and reasonable compensation to the victims of hate crime and mob lynching pursuant to the scheme framed by them in compliance with the direction of this court in 2018.

The petition flagged “whimsical, discriminatory and arbitrary approach” adopted by states in grant of ex-gratia to the victims of hate crime and mob lynching and the “meagre” compensation provided to them.
The plea said the compensation awarded by states in most cases depended on extraneous factors like “media coverage, political imperatives and the victim’s religious identity”.
“It is seen that the trend of awarding compensation to the victims of hate crime/mob lynching is decided based on the religious affiliation of the victims. In some cases, where the victims belong to other religious denominations, huge compensation is awarded for their losses, while in other cases where the victim belongs to a minority community, the compensation is woefully inadequate,” it claimed.
The petition said such acts were not only in violation of Article 14 (equality before law) but also a breach of Article 15 which mandates non-discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
On June 29, 2022, it said, a man named Kanhaiya lal of Udaipur, Rajasthan was murdered in an alleged hate crime and the next day the chief minister, while visiting the victim’s family, handed over a cheque for Rs 51 Lakh. The two sons of the victim were also given government jobs, he said.
The plea said on February 17, 2023, the bodies of two people from the minority community were found in a burnt car. They were killed in a most brutal and cruel manner which shook the community to the core. On March 3, 2023, the Rajasthan chief minister, while visiting the victim’s family announced Rs 5 Lakh as compensation.
The plea referred to similar instances in Karnataka.
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#Uniform #compensation #hate #crime #victims #agrees #hear #plea
( With inputs from www.siasat.com )

April 21, 2023
Pollution by textile printing industries: NGT directs Rajasthan to pay Rs 100 cr compensation

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New Delhi: The National Green Tribunal has directed Rajasthan to pay an interim compensation of Rs 100 crore for damage to the environment, including pollution of the Dravyavati river, caused allegedly by textile printing industries in the Jaipur district.
The NGT also formed a 10-member joint committee to plan and oversee remedial action and said the compensation amount has to be utilised for restoration of the environment.
The NGT was hearing two petitions claiming violation of environmental norms by the industries which adversely impacted the water quality of the river.

A bench of chairperson Justice A K Goel noted a report by a panel constituted earlier and said it presented a “dismal picture” of the area. The industrial siting was faulty, most industries were located in the non-conforming areas and industrial effluents were being discharged into the Dravyavati River and Chandalai and Nevta dams.
The bench, also comprising judicial member Justice Sudhir Agarwal and expert members A Senthil Vel and Afroz Ahmad, said industrial operations had caused damage to the feeder canals, the river and dams, and the report did not mention the groundwater quality of Dravyavati river.
“There is no assessment of damage to soil and agriculture. The Dravyavati River restoration project costing Rs 1,676.93 crores lacks a holistic approach in absence of information about water quality and the degree of treatment required by sewage treatment plants (STPs)/ common effluent treatment plants (CETPs) and the report does not mention progress of formulation and execution of action plan for Sanganer critically polluted area,” the bench said.
It said the state of affairs was “utterly unsatisfactory” and it appeared that there was “no environmental rule of law in the area”.
“This calls for emergent action in a mission mode at a higher level to remedy the situation and to fix accountability for such failure of the administration in collusion with law violators,” the bench said.

It said higher authorities in the state have to rise to the occasion to protect the environment and public health instead of being “mute spectators as appears to be unfortunately happening”.
The green panel said, “We consider it appropriate to fix interim compensation of Rs 100 crore to be paid by the state of Rajasthan by way of deposit in a separate account, with the liberty to recover the amount from the violating units and erring officers.”
Directing the deposit to be made within two months, the tribunal said the amount had to be utilised for restoration of the environment in the area as per a plan which may be prepared.
The tribunal fixed the compensation for the damage to the environment in terms of deterioration in water quality of Dravyavati River, Chandalai and Nevta Dams, damage to soil and agriculture by trade effluents, non-functional CETP, inadequate functional STPs, violation of Hazardous Other Wastes (Management and Transboundary Movement) Rules and extraction of groundwater without permission.
The compensation was also fixed in terms of the estimated rough cost of remediation “on the most conservative estimate” and a rough estimate of the financial capacity of around 1,000 violating units and the cost of management of sewage.
The tribunal also constituted a 10-member committee headed by the state’s Chief Secretary for planning and overseeing remedial action in the interest of protection of the environment and upholding of rule of law.
“The committee may meet within two weeks and prepare an action plan and such action plan be executed within the shortest possible defined time frame to prevent further degradation of the environment by closing all non-compliant units and evolving mechanism for assessment and recovering compensation preferably within three months ,” the tribunal said.
Directing the panel to submit an interim action taken report within three months, the tribunal posted the matter for further proceedings on July 18.
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#Pollution #textile #printing #industries #NGT #directs #Rajasthan #pay #compensation
( With inputs from www.siasat.com )

April 19, 2023
DMK serves legal notice to TN BJP chief Annamalai, seeks Rs 500 crore compensation

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Chennai: Tamil Nadu’s ruling DMK has served a legal notice to BJP state President K. Annamalai over his allegations in the ‘DMK files’ on corruption charges against its leaders, asking him to withdraw his remarks or to pay Rs 500 crore as compensation.
DMK Organising Secretary, R.S. Bharathi, in the legal notice, said that the charges raised by the BJP state President were false and fake and made intentionally against the DMK leadership including Chief Minister M.K. Stalin.
Bharathi also termed the allegations made by the BJP President in the video as engineered and baseless and also a misinterpretation of facts.

He said that the statements made by the BJP leader were baseless, scandalous, malicious and defamatory and was made to the sole intention of tarnishing the reputation of the DMK in public eye.
The DMK, in the legal notice, also said that Annamalai, in his 1 hour, 2 minutes and 15 seconds press conference, said that the DMK had looted people’s money in an incomparable level and that it far exceeds that of Robert Clive and termed such statements are prima facie defamatory and baseless.
It said that it want the BJP leader to tender unconditional public apology for his speech and allegations made on April 14, 2023 and the video titled ‘DMK Files’ by publishing the same in any national English newspaper and regional Tamil newspaper and regional TV channels as well as on the social media page of the BJP state President or else pay a compensation of Rs 500 crore as damages.
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#DMK #serves #legal #notice #BJP #chief #Annamalai #seeks #crore #compensation
( With inputs from www.siasat.com )

April 16, 2023
‘Our compensation?’: Telangana farmers who suffered crop damage in July 2022
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Telangana chief minister K Chandrashekhar Rao on Thursday announced compensation for farmers who suffered crop losses over unseasonal rains this March. However, the decision has not brought pleasure to all farmers of the state.
Responding to yesterday’s announcement by the chief minister over disaster relief assistance to farmers, Rythu Swarajya Vedika (RSV) organized a press meet at Somajiguda press club, with flood-affected farmers and Tenant farmers from 4 districts describing their situation and response to the CM’s announcement.
RSV welcomed the government’s decision to provide Rs 10,000 per acre support for crop damage in 2.2 lakh acres during March 2023, and to direct the support to tenant farmers wherever they are cultivating.
However, RSV activists said, “If the government is serious about addressing the issues on an ongoing basis, this support should not remain a one-time exercise for the damage caused in this month, but made into a policy decision. Lakhs of acres of crop damage is being suffered every season by farmers due to natural calamities or pest attacks.”
They urged the Telangana government to announce a policy decision to give Rs 10,000 per acre support to all affected farmers and enumerate affected farmers immediately after the calamity in a routine manner – “not related to political developments.”
“The identification and inclusion of tenant farmers should not be a one-time measure, but it should be done every year, as required by the Licensed Cultivators Act, 2011. Only then, the distress of the farmers in the state will be addressed,” they added.
Two flood-affected farmers from Kupti village, Neredigonda Mandal, Adilabad district, Badha Venkataramana and Haridas Ramanayya shared their situation.
Venakataramana said, “More than 50 farmers in our village suffered severe crop damage during the heavy rains and floods of July 2022. We are asking the Chief Minister – you should give disaster relief support to us too! I cultivated 5 acres of leased land and 5 acres of own land, and completely lost my cotton and soybean crops.”

He stated that officials visited and noted the details but the farmers did not receive any compensation. Along with other farmers in the district, they filed a writ petition in the High Court. “But the government is claiming that our crops recovered magically within a week, whereas our lands remained water-logged for almost 2 months due to flooding,” they said.
RSV activists informed that the court hearings are still ongoing, and demanded that the government should extend the same support to these farmers also.
Kurva Manjula, from Thondapalli village, Parigi Mandal, Vikarabad district stated, “My husband was a tenant farmer who committed suicide on March 1, 2021. We used to lease 5.5 acres of land and cultivate, but we suffered severe crop loss in 2020 and 2021 due to heavy rains and flooding. Due to this, we could not repay high debt of Rs 7 lakhs and my husband lost hope and committed suicide,” she stated narrating her ordeal.
“We did not receive Rythu Bima because we are tenant farmers, nor did we get any ex-gratia from the government. I am struggling with 3 young children, and am still a tenant cultivator, trying to repay the debts.”
She demanded that the government provide ex-gratia of Rs 6 lakhs to victims like her, and also identify the tenant farmers every year and give them LEC cards so that they can also benefit from government schemes and support systems.
Three other tenant farmers participated, who suffered severe crop damage in the past 3 years. Durga Reddy from Dattaipalli village and Balayya from Velpalli village in M.Turkapally mandal, Yadadri district; and Kusuma Samdram Ramesh from Madharam village, Parigi mandal, Vikarabad district.
Key facts on the Crop Damage issue and Tenant Farmers identification
1. Telangana is the only state in the country which doesn’t have any Crop Insurance scheme for the last 3 years since 2020. At the same time, the Telangana government has not been providing Disaster relief support by input subsidy as required by National Disaster Management Act, 2005.
2. Lakhs of acres of crop damage is happening every year due to natural calamities, but since the past 6 years, the Telangana government has not provided disaster relief support. Only when RSV activists filed High Court petition, the government disbursed Rs.23 crores disaster relief in 2018.
3. RSV has been fighting a legal battle through PIL filed in Telangana High Court in November 2020 (W.P. PIL No. 290/2020) regarding crop damage due to heavy rains and floods of October 2020. Despite historic judgment in September 2021, the Government has not distributed relief, and instead appealed in Supreme Court. There was severe crop damage in 15 lakh acres, as per Govt of Telangana’s final assessment report sent to the Centre requesting relief support of Rs.552 crores. The Disaster Management Authority at the Centre gave approval for Rs.188 crores from NDRF/SDRF in February 2021, but even these relief funds have so far not been disbursed.
4. Severe crop damage happened in 2021 and 2022 also due to flooding, heavy rainstorms, Kaleswaram backwaters, hailstorms, and pest attack. Just a few months ago, in July 2022, lakhs of acres were damaged along in heavy rains in many districts along the Godavari river. Several Writ Petitions were filed in High Court by affected farmers demanding compensation but so far the Government has been denying any responsibility to provide disaster relief support.
5. The Licensed Cultivators Act, 2011 requires the State government to identify Tenant Farmers through a simple application and gram sabha verification, and issue Loan Eligibility Cards (LEC) which make them eligible for all government schemes. However, after 2016-17, the Government has not been implementing this Act – which gives a regular process to identify tenant cultivators.
Demands:
a. TS Government should announce policy decisions on Rs 10,000 per acre disaster relief support for crop damage and inclusion of tenant farmers, for all calamities in recent years and in the future.
b. Disaster relief support should be provided to affected farmers of the last 3 years.
c. Effective & Farmer-friendly Crop Insurance scheme should be implemented in TS state, releasing the Notification by May 1, 2023, so that it comes into effect immediately for Kharif 2023.
d. Tenant Farmers should be identified every year, as per Licensed Cultivators Act 2011, provided LEC cards, and given the benefit of all government schemes & support systems including crop loans. Tenant farmers should be noted in the E-crop booking system also.
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#compensation #Telangana #farmers #suffered #crop #damage #July
( With inputs from www.siasat.com )
March 24, 2023
Delhi riots: HC seeks status report on disbursal of compensation to victims

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New Delhi: The Delhi High Court on Monday sought a status report, within four weeks, from the North-East Delhi Riots Claims Commission (NEDRCC) on the claims received by it from the victims and the amounts disbursed to them, if any.
A single-judge bench of Justice Prathiba M. Singh was considering a number of petitions submitted by riot victims seeking compensation and some seeking enhanced compensation under the “Assistance Scheme for the Help of Riot Victims” of the Delhi government.
The NEDRCC was set up by the Arvind Kejriwal-led government in April 2020.
The judge also directed the Secretary of the Commission to place on record the procedure followed by it in processing the applications for claims and award of compensation.
The assistance scheme provides for compensation for the death of a major or a minor, permanent incapacitation, serious or minor injuries, and loss of property.
The petitioners’ lawyers claimed that surveys were done by the office of the Claims Commission in a few of the cases and that the amounts awarded were significantly lower than those set forth in the scheme of the Delhi government.
Advocate Karuna Nundy, representing one of the petitioners, submitted that the petitioner is seeking enhanced compensation and is aggrieved about the grant of ex gratia compensation of total Rs 5 lakh for the two children who died during the riots.
She argued that the compensation was significantly inadequate and that a further grant of Rs 5 lakh was required.

According to Samir Vashisht, standing counsel for Delhi Government, the Claims Commission has been evaluating the claims, and a status report can be requested for detailed information regarding the progress of the applications up to this point.
Given that the petitioners have a variety of financial hardships, Judge Singh noted that the Claims Commission should move the matter along quickly.
“I want to see what the commission is doing and then proceed to hear the matter,” the court said.
The judge listen the matter for the next hearing on April 28.
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#Delhi #riots #seeks #status #report #disbursal #compensation #victims
( With inputs from www.siasat.com )

March 20, 2023