Hon’ble Supreme Court in the case of Kale v. DDC, 1976 RD 355 (SC), has observed that family settlements or arrangements are governed by a special equity and should be enforced if they are honestly made. It has further been observed that ordinarily the courts would lean in favour of family arrangements and technical or trivial grounds are to be overlooked and further that Rule of estoppel is to be pressed into service to prevent unsettling of a settled dispute. The said observations have been made by the Hon’ble Supreme Court by recognizing the virtue of family settlement amongst members of a family descending from a common ancestor as such members by entering into family settlement make an attempt to bury their differences and resolve the conflicts or claims or disputes in titles once for all in order to buy peace of mind and to bring harmony and goodwill in the family. In Bhagwan Krishan Gupta (2) v. Prabha Gupta, 2009 (107) RD 66, wherein it has been held that when there is a family settlement, evidently, technicalities in the matter of construction should not be insisted upon. Ram Asrey v. DDC, 2020 (146) RD 32.
Tag Archives: Claims
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:
- There is no contrary agreement between the parties to the reference;
- A party to the reference, with notice to the other party to the reference, requests the Arbitral Tribunal to make the additional award;
- Such request is made within thirty days from the receipt of the arbitral award;
- The Arbitral Tribunal considers the request so made, justified; and
- 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.
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.