Tag Archives: injury

Criminal Intimidation – Meaning of

A reading of the definition of ‘criminal intimidation’ would indicate that there must be an act of threatening to another person, of causing an injury to the person, reputation or property of the person threatened or to the person in whom the threatened person is interested and the threat must be with the intent to cause alarm to the person threatened or it must be to do any act which he is not legally bound to do or omit to do an act which he is legally entitled to do. Mere expression of any words without any intention to cause alarm would not be sufficient. Manik Taneja v. State of Karnataka, (2015) 7 SCC 423.

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Workman – Accident and Injury

‘Accident’ and ‘Injury’ are distinct in cases where accident is an event happening externally to a man, eg., when a workman falls from the ladder and suffers injury. The less obvious cases of accident are strain causing rupture, bursting of aneurism, failure of muscular action of the heart, exposure to draught causing chill, etc. Such accidents can be called as internal accidents. In such cases, it is hardly possible to distinguish between the ‘accident’ and ‘injury’. The rupture is an accident, at the same time injury leading to death or incapacity at once or after a lapse of time. Thus in cases of internal accidents, “Accident” and “Injury” coincide. But the common factor in all cases of accident, whether internal or external is some concrete happening at a definite point of time and incapacity resulting from such happening. An accident happening to a person in or about any premises at which, he is for the time being employed for the purpose of his Employer’s trade or business shall be deemed to raise out of and in the course of employment.
At times accident need not be due to immediate cause or as a result of collusion or sudden mishap. Even a non-spontaneous injury resulting in death or causing injury to workman during the course or arising out of employment can also be termed as accidental injury.
The word ‘Injury’ includes physiological injury. The physiological injury suffered by a workman due mainly to the progress of a disease unconnected with employment, may amount to an injury arising out of and in the course of employment if the work which the workman was doing at the time of the occurrence of the injury contributed to its occurrence. The connection between the injury and employment may be furnished by ordinary strain of ordinary work if the strain did in fact contribute to or accelerate or hasten the injury. M.D., Karnataka State Road Transport Corporation v. Jayalakshmi, 2014 (142) FLR 978.

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Nature of Injuries

Nature of the injuries is to be determined taking into consideration the intense suffering to which it gives rise and the serious disability which it causes to the sufferer. However, in clause Seventhly of Section 302 Indian Penal Code, as the term “fracture”, has been referred to, it may be necessary that the bone is broken. Mere abrasion would not amount to fracture. Even a cut that does not go across the bone cannot be termed as a fracture of the bone. But if the injury is grave even a partial cut of the skull vault (root or chamber) may amount to a fracture. However, Clause Eighthly of Section 302 Indian Penal Code refers to the injuries which are not covered under any of the above clauses Firstly to Seventhly of the Section. However, it labels the injuries as grievous if it endangers life or it causes the sufferer to be during the space of 20 days in severe bodily pain or which causes the sufferer to be during the space of 20 days unable to follow his ordinary pursuits and all the three clauses have to be read independently. There is a very thin and subtle demarcation line between “hurt which endangers life” and “injury as is likely to cause death”. Sompal Singh and another v. State of Uttar Pradesh, (2014) 7 SCC 316.

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Composite Negligence and Contributory Negligence – Difference Between

‘Composite Negligence’ refers to the negligence on the part of two or more persons. Where a person is injured as a result of negligence on the part of two or more wrong doers, it is said that the person was injured on account of the composite negligence of those wrongdoers. In such a case, each wrongdoer is jointly and severally liable to the injured for payment of the entire damages and the injured person has the choice of proceeding against all or any of them. In such a case, the injured need not establish the extent of responsibility of each wrongdoer separately, nor is it necessary for the court to determine the extent of liability of each wrongdoer separately. On the other hand where a person suffers injury, partly due to the negligence on the part of another person or persons and partly as a result of his own negligence, then the negligence on the part of the injured which contributed to the accident is referred to as his ‘contributory negligence’. Where the injured is guilty of some negligence, his claim for damages is not defeated merely by reason of the negligence on his part but the damages recoverable by him in respect of the injuries stand reduced in proportion to his contributory negligence. Pawan Kumar v. Harkishan Dass Mohan Lal and others, (2014) 3 SCC 590.

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