# in determining the quantum of compensation

- **Citation:** C.L. No. 11/2010/Admin
- **Court:** Allahabad High Court
- **Decided:** 2009-04-07
- **Case number:** C.L. No. 11/2010/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-determining-the-quantum-of-compensation-163639
- **Pages:** 2

## Text

373
accident, injuries, age, income and dependents of the deceased victim and
in determining the quantum of compensation.
The aforesaid directions to the Tribunals are without prejudice to the discretion of
each Tribunal to follow such summary procedure as it deems fit as provided under
Section 169 of the Act. Many Tribunals instead of holding an inquiry into the claim by
following suitable summary procedure, as mandated by Section 168 and 169 of the Act,
tend to conduct motor accident cases like regular civil suits. This should be avoided. The
Tribunal shall take an active role in deciding and expeditious disposal of the applications
for compensation and make effective use of Section 165 of the Evident Act, 1872, to
determine the just compensation.
Therefore, I have been directed to request you to kindly circulate a copy of this
circular letter to all the Judicial Officers in the judgeship under your supervision and
control for their information, necessary action and compliance.
Circulation of the copy of the judgment dated 03.12.2010 of Hon'ble the Division
Bench comprising Hon'ble Mr. Justice Devi Prasad Singh and Hon'ble Mr. Justice
S.C. Chaurasia in Misc. Writ Petition No. 10503 (M/B) of 2009, Vishwanath
Chaturvedi v. Union of India and others
Letter No. 3154/2011/Admin.G-II dated 21.02.2011

I am directed to send a copy of the Judgement dated 03.12.2010 of Hon'ble the
Division Bench comprising Hon'ble Mr. Justice Devi Prasad Singh and Hon'ble Mr.
Justice S.C. Chaurasia in Misc. Writ Petition No. 10503(M/B) of 2009, Vishwanath
Chaturvedi v. Union of India and others, and to request you to kindly circulate copy of
the judgment to all the Judicial Officers working under your control with the instruction
to comply strictly with the directions given by the Hon'ble Court in the said Judgement.
Circulation of the copy of the Judgment dated 22nd November, 2010 passed by the
Hon'ble Apex Court in Petition(s) for Special Leave to Appeal Crl. No. 9507/2010
(Cri. MP No. 23051/2010) Rajbir @ Raju & Another v. State of Haryana
C.L. No. 11/2010/Admin G-II dated 07.03.2011

While enclosing a copy of the Judgment & order dated 22.11.2010 passed by
Hon'ble the Apex Court (Hon'ble Mr. Justice Markandey Katju and Hon'ble Justice
Gyan Sudha Misra) in Special Leave Petition (Crl.) No. 9507 of 2010 (entitled Rajbir @
Raju & Anr. V. State of Haryana), I am directed to say that the Hon'ble Supreme Court
has directed to ordinarily add section 302 IPC to the charge of section 304-B IPC. So that
death sentence can be imposed in such heinous and barbaric crimes against women.

I am, therefore, to request you to circulate this circular letter and copy of
Judgment/Order of Hon'ble the Supreme Court to all the Judicial Officers under your
administrative control for their information & guidance.
54. EXPLANATION BY MAGISTRATES
G.L. No. 12/VII-a-82 dated 2nd May, 1950
374
 The provision in rule 100 : Chapter X of the General Rules (Criminal), 1957*, that
when a Sessions Judge on examining the record of any proceeding, thinks fit to report
the result of examination for the orders of the High Court, he should, except in a case in
which delay should be avoided, call for and submit with the report the explanation of the
officer whose proceedings have been examined by him, was made with the object of
getting the views of the officer whose proceedings have been examined by the Sessions
Judge as well. It is, however, impressed upon all District Magistrates and all Magistrates
in their districts that whenever they are called upon to give explanations as required by
the rules or by order of the High Court or the Sessions Judge, they have to carry out the
orders and whatever explanation they submit should be properly worded and should not
show either disrespect or discourtesy to any superior officer or court.
55. INITIATION OF CONTEMPT PROCEEDINGS
C.L. No. 86/VIIg-2 dated 7th September, 1953
Before making a recommendation for starting contempt proceedings a case
should be examined in the light of the principles affirmed by the Supreme Court in their
judgment in Brahma Prakash Sharma and others versus The State of Uttar Pradesh,
Criminal Appeal no. 24 of 1951, decided on 8th May, 1953 (1953 A.L.J.R., p. 571).
C.L. No. 40/VII c-25 dated 25th March, 1975
While making preliminary enquiries in contempt matters the statements of
alleged contemners and the witnesses must either be recorded on oath or taken on
affidavits.
C.L. No. 57/VIII e-c-167 dated 20th May, 1961
Whenever a report, regarding contempt of subordinate courts is made, it should
be accompanied by, as many copies of the report as there are parties against whom
proceedings are proposed to be initiated together with one extra copy.
C.L. No. 68/V110-25 dated 19th June, 1979
The Court has noticed that contempt references from the subordinate courts are
often received after the period of expiry of one year from the alleged date of contempt
with the result that the same are filed.
Attention of all the judicial officers including District Judges is invited to the
provisions of Section 20 of the Contempt of Courts Act 1971 which provides that no
court shall initiate any proceedings for contempt, either on its own motion or otherwise,
after the expiry of a period of one year from the date on which the contempt is alleged to
have been committed.
Timely submissions of service reports in Contempt matters by the Chief Judicial
Magistrates.
C.L. No. 11/2009/IIIb-36/Admin ̳G', Dated: April 7, 2009

Taking serious view of the non submission of reports within stipulated time by the
Chief Judicial Magistrates in the matter of effecting service of summons in Contempt

* Note: Now 1977 Vide Notification No. 504/vb-13, dated 5.11.1983