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Absence of
licence no basis to reject insurance
claim: SC States told to
downsize ministries Sonia launches
campaign for Lok Sabha poll Sinha, Sonia call
on Swedish PM Lyngdoh’s
remarks too explicit, says Seshan |
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Legal issues
dogging Indian diaspora discussed Advani-Hurriyat
talks likely in Jan
Mishra leaves
for Beijing today * Opinions page: Mishra: Key diplomat and negotiator PM briefs President on
Islamabad visit Bahrain PM
arrives today on maiden visit Khatami thanks
PM Nissim Ezekiel
dead Haryana plans
expressway
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Absence of licence no basis to reject insurance New Delhi, January 10 “Mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time, are not in themselves defences available to the insurance company against either the insured or the third party,” a three-judge Bench of Chief Justice Mr V.N. Khare, Mr Justice D.M. Dharmadhikari and Mr Justice S.B. Sinha said. “To avoid its liability towards the insured vehicle, the company has to prove that the insured person was actually negligent and had failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding the use of vehicles by duly licensed driver or one who was not disqualified to drive at the relevant time, whether having the licence or not,” the Bench ruled. Even where the insurance company was liable to prove the breach on part of the vehicle owner, concerning the policy of holding a valid licence by the driver, the company would not be allowed to avoid its liability unless the said breach on condition of the driving licence was the fundamental cause of the accident. The ruling came on a bunch of petitions relating to the correct interpretation of Section 149 of the Motor Vehicle Act vis-a-vis Sub-Section (4) and (5) of the Act, filed by National Insurance Company Ltd (NICL) challenging various awards in favour of vehicle owners by the Motor Vehicle Claims Tribunal (MACT) and different High Courts. The NICL had sought correct interpretation of the law with regard to the insurance claims if: licence was fake; driver did not have any licence at the time of accident; it had expired; the driver was driving vehicle other than the category for which the licence was provided; and the status of learner’s licence. Regarding the learner’s licence, the court said the insurance company was liable to satisfy the decree against it. It has to be borne in mind that under Section 168 of the Act, the MACT was empowered to adjudicate all claims in respect of fatal accidents, involving bodily injury, or damage to the property of third party, the Court said. “The said power of the tribunal is not restricted to decide the claims between claimant or claimants on one side and insured, insurer and driver on the other,” the court said. Where the tribunal arrived at a conclusion that the company had satisfactorily proved its defence as per the law laid down in the Act, the insured owner had to pay the due compensation amount to the company, liable to be paid under the policy, it said. |
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States told to downsize ministries New Delhi, January 10 Law Minister Arun Jaitley has sent letters to all states along with copies of the amended Act after the Centre issued the notification for its implementation on January 7 and President A.P.J. Abdul Kalam gave assent to the legislation passed by Parliament in the winter session. “Chief Ministers of all states have to bring the size of the Council of Ministers in conformity with the provisions of the newly inserted clause (1A) in Article 164 of the Constitution within six months if the total number of ministers exceeds the said limit,” the Law Ministry said. The amended clause (1A) of Article 164 provides that the size of the Council of Ministers in the state should be 15 per cent of the Assembly’s total strength, or the number specified regarding a particular category of states. The provisions have to be implemented within six months of President’s assent to it. The Act further states that a member disqualified under the anti-defection law shall not be appointed a minister nor hold any remunerative political post from the date of his disqualification till he is re-elected to the House. The remunerative political office means any office where the salary or remuneration for such a post is paid from the government funds. Since the notification was issued by the Centre on January 7 the states have to comply with its provisions by July 7. |
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Sonia launches campaign for Lok Sabha poll
Bulandshahr (Western UP),
January 10 “My message to the people is to finish off (dhvast karna hai) the BJP and its allies” Ms Gandhi told reporters as she launched a mass contact programme at Khurja, about 20 km from here. Hitting the dusty roads of western UP, Ms Gandhi stopped at several places in en route here and interacted with the locals, sought to know their problems and assured them of a solution if the Congress is voted to power. Ms Gandhi, who was accompanied by senior party leaders Mohsina Kidwai and Salman Khursheed and UPCC President Jagdambika Pal, shook hands with villagers who had lined up on either side of the road from Khurja to Bulandshar. She will be traversing the region by road for the next two days. Asked about prospective alliances, the Congress chief merely said, “We are talking to every like-minded party.” Earlier, Mr Khurshid said the party was launching the mass contact programme in view of the Lok Sabha elections, which were likely to be announced any time. On selection of UP for launching the mass contact programme, he said, “Ms Gandhi has a special interest as it is the state she represents in the Lok Sabha.”
— PTI |
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Sinha, Sonia call on Swedish PM New Delhi, January 10 They discussed bilateral, regional and international issues with him. Chairman of AICC’s Foreign Affairs Department K. Natwar Singh was also present during Ms Gandhi’s 30-minute meeting with Mr Persson. Mr Persson had met Prime Minister Atal Bihari Vajpayee yesterday. He congratulated him on his peace initiative with Pakistan. |
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Sonia elicits opinion of youth New Delhi, January 10 As a first step in this direction, Congress President Sonia Gandhi yesterday held a two-hour interactive session with a group of youth leaders. The first of its kind, the session’s official purpose was to learn about the concerns of the young and how these should be reflected in the Congress manifesto. More specifically, however, the discussion was meant to break the ice with the youth, who, it is felt, has been drifting away from the Congress. Describing the exercise as a useful one, Ms Gandhi later told mediapersons that the suggestions thrown up at yesterday’s meeting would be placed before the manifesto committee. The free-wheeling meeting attended by a cross-section of youth leaders, including Lok Sabha member Jyotiraditya Scindia, Youth Congress chief Randeep Surjewala and others like Sachin Pilot, Manish Tewari and Meenakshi Natarajan, listed a host of issues like unemployment and quality of education as matters of concern. It was pointed out that the Congress had not been able to hold on the youth. It was said there was a feeling of despair and disillusionment among the youth but it is for the Congress to see how they could be brought into the party fold. It was suggested that an effort be made to promote the Congress brand name and there be greater professionalism in marketing the party’s ideology and in using the media. |
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Lyngdoh’s remarks too explicit, says Seshan Chennai, January 10 Asked about Mr Lyngdoh’s remarks on politicians, Mr Seshan, said, “In life, many things which are absolutely true cannot always be stated in explicit terms and this (Mr Lyngdoh’s comment) was one of them.’’ Refusing to elaborate further, he said he would not say anything else on the subject. Answering a question, he said there was nothing wrong in advancing the elections to the Lok Sabha by three or four months. The Election Commission, should, however, take into account, aspects like examinations and harvesting season before announcing the dates, he said. He said according to the Constitution, the commission had no option but to conduct elections, once these were notified by the President. Mr Seshan the percentage of voting in the country was not a cause of worry as it was among the highest in the world. When asked whether he had any word of advice for Mr Lyngdoh, he quipped, “Enjoy your retirement when you retire on February 6 or 7.’’
— UNI |
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Legal issues dogging Indian diaspora discussed New Delhi, January 10 Participating in the session on legal issues in the context of Private International Law and Diaspora at the second Pravasi Bharatiya Divas conference here, the chairperson of the National Commission for Women, Ms Poornima Advani, raised the question regarding justice for brides of runaway grooms or victims of domestic abuse. Laws of which country would be applicable and what legal aid were they entitled to fight for their rights. Attorney Cyrus D. Mehta from the USA said changes in the American immigration law would drastically affect the interests of Indians. However, there was protection for victims of domestic abuse in the USA. However, much protection was not available to women married to persons with a H1-B visa or student visa. Retired Judge and Barrister at Law in Canada, DK Agarwal, pointed out the contradictory stands taken by the Supreme Court and state high courts. The applicability of cultural ethos, especially of Punjab, further complicated the matter, he said. The speakers at the conference raised questions about the validity of a court ruling of one country on another and problems relating to custody and property. Some speakers suggested measures to protect the interests of brides against runaway grooms by compulsory registration of marriages and verification of antecedents of NRI/PIO grooms. Senior advocate ML Sarin spoke about the need to enact laws to provide protection against abuses by NRIs/PIOs, a shift away from NRIs/PIOs friendly laws. Former Chief Justice of India, Justice RS Pathak, who chaired the session spoke about the complexities involved and expressed the need for greater interaction and indepth study to resolve the contradictions. |
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IF Pravasi Bharatis are here, can bhangra and giddha be far behind. The sound of “dhol” broke the rhythm of intellectual debate on various issues of concern. With the weather gods permitting, some of the NRIs/PIOs also matched their steps to the tunes of Punjabi folk songs and popular numbers. * * * * * * Kite flying. Yes, literally
that’s what happened today. The theme of the lunch area being Delhi, the glorious tradition of the Capital in kite was on display. Kites of different shapes and sizes were flown
by masters in the art, with children of NRIs/PIOs, awed by their skills, also trying their hands at it. *
* * * * * Old habits die hard.
Perhaps, that’s the reason that many NRIs/PIOs, despite being professionals, did not spare a moment to know
their future. Yes, from a parrot. When the western media projects India as a
land of snake charmers and sadhus, it pinches, but when they themselves extend their hand and believe that the
card picked up by the parrot elucidates their future, whom do they blame? *
* * * * * When NRIs/PIOs are here, can the talk of marriage lag far behind? To cash in on this, Gajner in Rajasthan is being promoted as a perfect place to solemnise the wedding in romantic settings. The days of the Raj may be over, but the perfect royal setting continues to capture the imagination of the overseas Indians. *
* * * * * Food and culinary delights of India notwithstanding, the carnival atmosphere is distinctly missing this time round at the conference. Many have attributed this to the change of venue from Pragati Maidan to the more closed settings of Vigyan Bhavan. The open-air atmosphere at Pragati Maidan facilitated better interaction among the visiting delegates. *
* * * * * Appeal of songs of Bollywood cuts across regions and national boundaries. Isha Koppikar’s “Khallas” drew tremendous applause from crowds and many let loose their inhibitions and swayed their bodies. The Talkatora Ground turned into a big stage and the party went on well past midnight. And, that said it all. |
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Advani-Hurriyat talks likely in Jan New Delhi, January 10 Sources said efforts were being made to finalise the mutually agreed dates for the talks, which would be held here. Former Hurriyat Chairman Mirwaiz Umer Farooq and Ansari were likely to come to the Capital in the next few days to finalise the dates for talks. A meeting of senior bureaucrats and Centre’s interlocutor on Kashmir N.N. Vohra was held last night to discuss the modalities for the proposed talks. |
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Mishra leaves for Beijing today New Delhi, January 10 Mr Mishra would hold talks with China’s Executive Vice-Foreign Minister Dai Bingguo to explore solution to the long and protracted boundary dispute between the two countries from the political perspective. Mr Mishra and Mr Dai were appointed Special Representatives during Prime Minister Atal Bihari Vajpayee’s China visit last year to deal with the border dispute from political perspective. Mr Mishra and Mr Dai had held the first round of talks in New Delhi on October 23 and 24. |
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PM briefs President on Islamabad visit New Delhi, January 10 Dr Kalam and Mr Vajpayee also discussed other issues of national and international importance. |
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Bahrain PM arrives today
on maiden visit New Delhi, January 10 Shaikh Khalifa will lead a high-level delegation, comprising Deputy Prime Minister and Foreign Minister Shaikh Mohammed bin Mubarak Al Khalifa, besides ministers and representatives of business organisations like the Bahrain Chamber of Commerce and Industry. During his four-day visit, Shaikh Khalifa would hold wide-ranging discussions with the Indian leaders, including Prime Minister Atal Behari Vajpayee. A number of economic, commercial and security agreements, including an extradition treaty, are expected to be signed during the visit, the Ministry of External Affairs said in a press note here. The Bahraini delegation is likely to seek collaboration with India’s burgeoning IT industry. It will discuss ways of attracting Indian companies to Bahrain. The kingdom is home to more than 1,40,000 Indian expatriates. Though relations between the two countries go back to several centuries and Bahrain is an important sea route for Indian ships, bilateral trade remains pegged at a modest $ 186.80 million. Several agreements will be signed during Shaikh Khalifa’s visit. These agreements mainly relate to mutual legal assistance in judicial cooperation in civil and commercial matters, mutual legal assistance in criminal matters, bilateral investment promotion agreement, and double taxation avoidance agreement. |
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Khatami thanks PM for quake relief
New Delhi, January 10 During the 10-minute conversation, Mr Vajpayee told Mr Khatami that India was ready to give more humanitarian assistance “if required”. India has deployed a 75-bed hospital in Iran and equipped it with doctors, para-medics and medicines. The hospital treats 300 patients a day and performs about 50 surgeries a week. Besides, India has also distributed 20,000 blankets to the quake-hit people of Bam.
— TNS |
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Mumbai, January 10 Ezekiel, a former professor of English, had been suffering from Alzheimer’s disease for the past few years. Besides being India’s foremost poet writing in English, he had encouraged many who later made a name for themselves as leading poets, including Dom Moraes. He was editor of the PEN journal and on the editorial boards of the Bombay English Association Magazine, Poetry India and Quest. Ezekiel’s first collection “Time to Change” was published in 1952. Born in a Jewish family, he was educated in Mumbai and had translated many works into Marathi. Ezekiel had received several awards and was presented with the Sahitya Akademi award in 1983 and the Padmashree in 1988.
— PTI |
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Haryana plans expressway New Delhi, January 10 State Chief Minister Om Prakash Chautala had a meeting here last evening with Malaysian Works Minister Dato Seri S. Semi Valu to discuss the modalities for construction of the expressway. According to official spokesperson, the expressway would serve as a bypass to the Capital and make it easy to reach the Indira Gandhi International Airport. |
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