High Court Digest On Compensation- 2022

Here is 40 times High Courts granted relief to persons/ families caught in peculiar circumstances and ordered compensation in the year 2022:1. 'Divyang' Man Forced To Ride Bicycle In Govt Job Interview | "State Failed Its Special Citizen": Allahabad HC Orders ₹5 Lakh CompensationCase title - Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others [WRIT - A No. - 18302 of 2021]Case Citation: 2022 LiveLaw (AB) 425In a significant order affirming the importance of human dignity, the Allahabad High Court granted Rs. 5 Lakh compensation to a differently abled person (divyang) who was forced to ride a bicycle during an interview for an appointment on the post of Library Peon at a Government Degree College."The amount of compensation has been awarded to let the petitioner know, the State may take time to hear & understand its citizen and his plight but, it is neither deaf nor heartless as may ever remain indifferent, forcing him to drag his feet, almost literally, to this Court to seek justice. The citizen works at the heart of the giant being the State is. Unless the heart beats freely, the being cannot thrive," the bench of Justice Saumitra Dayal Singh remarked as it partly allowed the plea filed by 'Divyang' man Pradeep Kumar Gupta.2. On Last Day As Bombay HC Judge, Justice SJ Kathawalla Orders ₹10 Crore Interim Compensation For 953 Fisherfolk Families Affected By Infra ProjectCase Title: Mariyayi Machhimaar Sahkari Sansthya Maryadit Versus Department of Fisheries and othersCitation: 2022 LiveLaw (Bom) 96A bench led by Justice Shahrukh Kathawalla directed disbursal of ad-hoc compensation of Rs. 1 lakh to each of the 953 fisherfolk families being affected by an infrastructure project in Thane."As the fisherfolk and their families cannot be expected to starve till the authorities decide the quantum of compensation…" the bench observed in their order.The court noted that the State's Draft Compensation Policy dated November 29, 2021, adopts the approach of the National Green Tribunal. According to the NGT's calculation in the matter of Ramdas Janardan Kohli on February 27, 2015, compensation for one family was pegged at Rs. 6 lakh for three years.3. Boarding Crowded Mumbai Local Train A "Calculated Risk"; Not A "Criminal Act" : Bombay HC Awards Compensation To Injured PassengerCase Title: Nitin Navindas Hundiwala vs Union of India, through the General Manager, Western RailwayCitation: 2022 LiveLaw (Bom) 160The Bombay High Court observed that boarding a crowded train for a Mumbaikar was a 'calculated risk' not a 'criminal act' and directed the railways to pay over Rs 3 lakh compensation to a septuagenarian who slipped and fell right after boarding a crowded train in 2011.Justice Bharati Dangre set aside the Railways Claims Tribunal's order rejecting the senior citizen's claim and held that the incident would fall within the meaning of "untoward incident" under Section 123 (c)(2) of the Railways Act."If in the daily chores, a passenger attempts to gain an entry, into an overcrowded train and is pushed by other passengers, resulting into his fall, there is no reason why such incident cannot fall within the ambit of 'untoward incident' and [it] wasn't an instance wherein the Railways were exempt from liability."4. Bombay High Court Directs Grant Of Rs 2 Lakh Compensation To Nigerian National Jailed For 2 Years Due To Mistake In FSL ReportCase Title: Novafor Samuel Inoamaobi v. The State of MaharashtraCitation: 2022 LiveLaw (Bom) 287Observing that liberty under Article 21 is also available to foreign citizens, the Bombay High Court today ordered compensation and granted bail to Nigerian national incarcerated in 2020 on the basis of an erroneous forensic report. Justice Bharti Dangre said that the applicant cannot be kept in detention merely because he is a foreign citizen and has criminal antecedents if there was no recovery of drugs under the NDPS Act.The court suo motu directed the Maharashtra Government to pay the accused Rs. 2 lakh compensation within six weeks for wrongful incarceration after the state submitted that it doesn't have a policy for compensation.5. Passenger Hit By Train While Crossing Railway Track In Absence Of Foot-Over Bridge Entitled To Compensation: Bombay High CourtCase Title: Sunita Manohar Gajbhiye v. Union of IndiaCitation: 2022 LiveLaw (Bom) 390The Bombay High Court held that a passenger who is forced to cross the railway tracks due to absence of a foot over bridge and gets hit by a train cannot be called negligent and his dependents would be entitled to compensation under the Railways Act, 1989.Justice Abhay Ahuja of the Nagpur Bench referred to the definition of 'passenger' under section 2(29) of the Railways Act and observed that the definition does not suggest that a passenger ceases to be a passenger after alighting from the train and meeting with an accident. The court noted that the Railways Act does not contemplate or recognise this concept.Justice...

High Court Digest On Compensation- 2022

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