Tag Archives: Claims

Arbitral Award – Correction of Errors

In Mcdermott International Inc. v. Burn Standard Company, (2006) 11 SCC 181, it was held as under:

            “Section 33 of the Arbitration and Conciliation Act empowers the Arbitral Tribunal to make correction of errors in arbitral award to give interpretation of a specific point or a part of the arbitral award and to make an additional award as to claims, though presented in the arbitral proceedings, but omitted from the arbitral award. Sub-section (4) empowers the Arbitral Tribunal to make additional arbitral award in respect of claims already presented to the Tribunal in the arbitral proceedings but omitted by the Arbitral Tribunal provided:

  1. There is no contrary agreement between the parties to the reference;
  2. A party to the reference, with notice to the other party to the reference, requests the Arbitral Tribunal to make the additional award;
  3. Such request is made within thirty days from the receipt of the arbitral award;
  4. The Arbitral Tribunal considers the request so made, justified; and
  5. Additional arbitral award is made within sixty days from the receipt of such request by the Arbitral Tribunal.”

The powers under Section 33 (4) of the Arbitration and Conciliation Act cannot be invoked for raising fresh claims or seeking an appeal against the arbitral award. The powers of the Arbitral Tribunal in these proceedings are restricted to making an award for such claims which formed a matter for adjudication and on which the parties had led arguments. Pramod v. Union of India, 2019 (1) AWC 969.

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Filed under Arbitral Award, Correction of Errors

Widow Remains Legal Representative Even After Remarriage

Widow even after remarriage continues to be the legal representative of her husband as there is no provision under the Hindu Succession Act or any other law laying down that after remarriage she does not continue to be the legal representative. The right of succession accrues immediately on death of her husband and in the absence of any provision, she cannot be divested from the property vested on her due to remarriage.
Hon’ble Apex Court in the case of Manjuri Bera v. Oriental Insurance Co. Ltd., AIR 2007 SC 1474, while considering the question as to whether a married daughter could maintain a claim petition in terms of Section 166 of the Motor Vehicles Act and whether she would be entitled to any compensation as she was dependent upon the deceased, considered the provisions of Sections 166 and 168 of the Motor Vehicles Act and Section 2(11) of the Code of Civil Procedure and relying upon the earlier observations of the Court in Custodian of Branches of BANCO National Ultramarion v. Nalini Bai Naique, (1989) 2 SCR 810, observed that the definition contained in Section 2(11) of the Code of Civil Procedure in inclusive in character and its scope is wide, it is not confined to legal heirs only. Instead it stipulates that a person who may or may not be legal heir competent to inherit the property of the deceased can represent the estate of the deceased person. It includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased. All such persons would be covered by the expression ‘legal representative’. As observed in Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai, (1987) 3 SCR 404, a legal representative is one who suffers on account of death of a person due to motor accident and need not necessarily be a wife, husband parent and child.
Delhi High Court in Ram Kishan v. Meena Kumari, 2011 ACJ 1211, has held that remarriage will not deprive a person from claiming compensation for the death of her/his spouse. United India Insurance Co. Ltd. v. Smt. Baby, 2017 (2) AWC 1181.

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Filed under Civil Law, Legal Representative

Service Related Claim – Based on a Continuing Wrong

In the case of Union of India v. Tarsem Singh, (2008) 8 SCC 648, it was held as under:
“To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). One of the exceptions to the said rule is cases relating to a continuing wrong. Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. But there is an exception to the exception. If the grievance is in respect of any order or administrative decision which related to or affected several others also, and if the reopening of the issue would affect the settled rights of third parties, then the claim will not be entertained. For example, if the issue related to payment or refixation of pay or pension, relief may be granted in spite of delay as it does not affect the rights of third parties. But if the claim involved issues relating to seniority or promotion etc. affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied. Insofar as the consequential relief of recovery of arrears for a past period is concerned, the principle relating to recurring/successive wrong will apply. Habib Ali v. State of U.P., 2015 (4) AWC 4174.

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Filed under Continuing Wrong, Employment Law