Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

The Motor Vehicles (Amendment) Bill, 2016

The Motor Vehicles (Amendment) Bill, 2016 going to pass in Lok Sabha, that restricts liability to pay compensation to maximum  Rs.10 lakh in case of deceased and Rs. 5 lakh in case of injured towards third party claims by insurance companies.

Current position :- Insurance companies getting premium for risk of owner for  unlimited liability of third party. Insurance company have to pay  compensation according to age and income of deceased who  died due to accident ,who covers under third party claims to heirs of deceased. That's called unlimited liability towards third party. (First and second party are driver and owner of vehicle)

Insurance companies abusing poor law procedures every time ,not settling cases via compromise as facilitates by court to settle cases even reducing claim amount more than 50 %.Secondly lawyers of insurance companies never give even presence to court that leads to too much delay in court cases . the requirement is to take actions against their irresponsible behavior against public. Govt. working totally opposite to public interest. 

Now Gov. going to pass bill of motor vehicle bill  where limiting third party claims compensation to Rs.10 lakh, which lead to huge profit to insurance company. Excess of Rs.10 lakh  compensation burden on owner of vehicle.

Example:-  a young man died in accident and covering  in definition of third party if earning about 3000 per month , his heirs will  get nearly 10 lakh excluding interest of 9%. Now see if person earns  3000 their heirs gets 10 lakh as we know even carpenter and labours are getting minimum 500 per day that comes to Rs.15000/- per month. So, Result of this bill if Mr. Ambani dies, his heirs will get only Rs. 10 lakh. Hahahah what a joke !!

This bill is totally favorable for getting huge profit for insurance companies, awareness is required in public.

Is imposing Presidential rule in state is political arrest ?

In analysing the above statement ,we say that - Is imposing  presidential rule in state has got some similarity to the principles of arrest in criminal law or it is different.

We say because while effecting arrest in normal circumstances by concerned legal officer,we say power to arrest is one thing and reason to use that power is another thing.Also post arrest the  individual is in the state of duress that is his personal liberty is under the command of others.At the same time it is also said that when the individual rights are under stake via a vis to society rights,he must give away or the smaller cause must give way to bigger cause.

With the above observations we like to analyse can the imposition of President ial can be termed as the state of political arrest.
   

Taking the reasoning further on the differences between two that,while individual arrest is administrative action of arrest and imposing presidential rule is a constitutional safeguard to protect the democracy ,economy,sovereignity and constitution at top.There is elaborate pre-procedural step requirement, post procedural requirements and also the time limit to which it can be maximum imposed,also as the head of state has to work with the advice of council of ministers so it is just a state of eclipse for constitutionally limited time period.

Even though elaborate procedures are laid down, in both the situation there is elements of subjectively involved over the reading of objective parameters.In both the case courts take cognizance ,while in individual arrest -it is mandatory but for the other when being challenged over the reading of circumstances essentiality as laid down in constitution.

Another important thing is in one case it is the body which is placed under custody but in case of other it is the government involved but government itself is a virtual body bearing a legal personality capable of being put in the state of duress by taking away its liberty (functional) by the other body.
 

With all the reasoning as discussed above it can be said, though a matter of debate that implementing a presidential rule can be called political arrest to protect the constitutional mechanism and principles in state.