Citizens' Issues
4.13 lakh 'accidental' deaths in India in 2015
A total of 413,457 people were victims of natural and unnatural "accidental deaths" in the country in 2015, according to the National Crime Records Bureau (NCRB).
 
Deaths due to forces of nature have been termed as "natural accidental deaths" while deaths blamed on deliberate or negligent conduct of humans is termed in official records as "unnatural accidental deaths".
 
According to the NCRB compilation of "Accidental Deaths and Suicides in India 2015", the 413,457 deaths in this category in 2015 amounted to 47 deaths every hour.
 
This was a decline of 8.5 per cent from the 2014 figure of 451,757 accidental deaths.
 
The number of accidental deaths due to causes attributable to forces of nature -- lightning, heat/sun stroke, exposure to cold, flood, landslides, avalanche, epidemic, torrential rains and forest fire -- have crashed by 48 per cent.
 
And deaths by unnatural causes including traffic accidents, drowning, accidental fire, electrocution, air crash, stampede, mines disaster, deaths during pregnancy, killed by animals, illicit liquor, snake bites and food poisoning decreased by 6.6 per cent in 2015 over 2014.
 
Of the 413,457 accidental deaths, 10,510 (2.5 per cent) were due to natural causes, 336,051 (81.3 per cent) due to unnatural causes and 66,896 (16.2 per cent) due to other causes, it said.
 
The age group of most victims was between 18 and 45 years. This group accounted for 59.7 per cent of all unnatural deaths in 2015.
 
Females and males constituted 20.6 per cent and 79.4 per cent respectively of the victims. Every one of nine victims who suffered accidental deaths were children -- below 18 years of age.
 
A total of 37,081 senior citizens (60 years and above) also got killed in various accidents in 2015.
 
Maharashtra reported the highest number of 64,566 accidental deaths or nearly 15.6 percent of the total followed by Madhya Pradesh (40,629), Uttar Pradesh (36,982), Tamil Nadu (33,665) and Gujarat (28,468).
 
The highest rate of accidental deaths took place in Chhattisgarh (75.1 per cent) followed by Puducherry (73.4), Maharashtra (54.2), Madhya Pradesh (52.7), Haryana (48.8) and Tamil Nadu (48.7).
 
A total of 1,624 incidents of consumption of illicit spurious liquor caused 1,522 deaths in 2015. Most of these deaths were reported in Maharashtra (278) followed by Puducherry (149), Madhya Pradesh (246), Chhattisgarh (140), Uttar Pradesh (125) and Haryana (115).
 
At least 58 cases of accidental fire in trains were reported during 2015 which caused 59 deaths in the country.
 
A total of 69,372 accidental deaths were reported in 53 mega cities. Mumbai reported the maximum number (8,286 or 11.9 per cent) followed by Delhi (5,930), Pune (4,665), Chennai (3,952) and Bengaluru (3,733).
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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COMMENTS

P b Sarma

6 months ago

THE GREED OF POLITICIANS,CONTRACTORS AND ENGINEERS IS RESPONSIBLE THE ACCIDENTAL DEATHS.INSTEAD OF PROVIDING CONVENIENT PUBLIC TRANSPORT,GOVTS ARE SIMPLY ALLOWING CAR MANUFACTURERS TO SELL INDISCRIMINATELY.PRACTICALLY GOVT IS NOT TAKING ANY LONG TERM STEPS TO RECTIFY THE SITUATION.BECAUSE OF THIS AIR POLLUTION AND ROAD CONGESTION ARE GOING UP.MANY INNOCENT CITIZENS ARE SUFFERING HEALTH PROBLEMS.MANY PEOPLE LOST THEIR BREAD WINNERS.EVERYBODY IS LOSING PRECIOUS PRODUCTIVE TIME DUE TO TRAFFIC CONGESTION.NATION IS PAYING A HEAVY PRICE DUE TO SELFISHNESS AND SHORTSIGHTED DECISIONS OF A FEW CORRUPT POLITICIANS.

Contempt of court petition filed against Tata Sons
 A contempt of court petition was filed against Tata Sons on Wednesday for calling an Extra-ordinary General Meeting (EGM) to remove Cyrus Mistry as a Director on its Board.
 
According to the people in the direct knowledge of the development, the contempt of court petition with the National Company Law Tribunal (NCLT), Mumbai, was filed against the company and its directors by Mistry's investment firms.
 
Tata Sons' Board ousted Mistry on October 24 as its Chairman and appointed Ratan Tata as interim Chairman. 
 
However, Mistry still remains a Director on the board of the holding arm of the $100 billion-plus group.
 
Tata Trusts hold 66 per cent stake in the holding company of the Tata Group, whereas Mistry's family holds over 18 per cent interest.
 
The petitioners have sought an injunction against the proposed EGM which is said to have been called on February 6, 2017. 
 
The petition alleged that company has violated NCLT's order dated December 22, 2016, as it called for an EGM by issuing a special notice on January 3, 2017.
 
Tata Sons responded by saying: "There is no contempt. We will make our submissions to the NCLT."
 
The development comes days after Tata Sons filed an over 200-page affidavit with the NCLT. 
 
The affidavit, among other things, alleged that Mistry had under-performed as the Chairman of Tata Sons, which led to a decline in dividend payments to Tata Trusts. 
 
The affidavit also pointed out that the Board of Tata Sons had lost confidence in Mistry.
 
Earlier, Tata Sons had been served with a petition filed before the NCLT by Mistry's investment companies under Sections 241 and 242 of the Companies Act.
 
On December 22, Tata Sons said the NCLT has not granted any interim relief to its ousted chairman.
 
Tata Sons also served legal notice to Mistry, alleging breach of confidentiality and passing on sensitive information to his family-controlled companies. 
 
However, no damages were sought.
 
The holding company of the industrial conglomerate had filed a petition before the NCLT for alleged "breach of confidentiality obligation by a Director".
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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Make Them Pay for Poor Service
The Indian Contract Act is definitely no thriller. Teaching it to students, especially to those who have no intention of actually practising law, is a major task. The trick is to make it applicable to real, everyday life, since it is a fact of life that none of us can escape contracts.
 
When students arrive at the college at 7am, we ask them if they have entered into a contract with anybody since they got up. Of course not, they reply. Silly question. What of the toothpaste that they had bought, its flavour, the bristles on the brush, the soft ones they ordered? Did the milk have the requisite fat? Has the fees paid to the college been redeemed with proper tuition? They remain unconvinced.
 
Next, we ask how they travelled. Did they buy tickets or carry term passes? Did they get on and get off at the right stops? Was the service on time or close to it? Did they arrive safe? Finally, we ask if they had a contract with the transporter to safely ferry them, in time, to a designated place, for which they had paid the correct fare. Slowly, it starts to sink in.
 
As part of a lawfully run society, we cannot escape contracts. Everything that requires an interaction with others is a ‘deal’. One offers, another accepts. The price is agreed upon, the service or product delivered. The only variation is whether it is written, verbal, or instantaneous. 
 
Things can go wrong, as they sometimes will. If you believe in Murphy’s Law, rest assured, it will come to pass. We, therefore, take up a classical English case, McAlister (Donoghue) vs Stevenson, following discovery of a dead snail in a dark-coloured drinks bottle after the complainant had drunk from it. She sued for mental (emotional) distress and on medical grounds. 
 
You be the judge.
 
Would you pay her damages, or say that, having bought the bottle, she should have been more careful? Does any reader empty the contents of every tetra-pack into a glass, to ensure its purity? Or does one just drink it?
 
Donoghue was awarded costs. The judges said that it was the primary duty of a supplier to make sure that the product was safe. But, in that judgement, something significant was added, something that Indians should be concerned with. It said that there existed a right to sue for negligence as well. The latter as a tort. 
 
Comparing the instance of a railway accident, it confirmed, “…the right of the injured railway passenger to sue the railway company either for breach of contract of safe carriage or in tort for negligence in carrying him.”
 
Every time one buys a ticket or pass and travels by train, road, air (or hot-air balloon!), the carrier is responsible for the passenger’s safety. Very often, in case of accidents, quick cash assistance is offered, even on the spot. It’s no generosity. A receipt is taken; and therein lies the rub. The receipt is actually a contract that ends all future claims, whereby one is signing away any further entitlement. The carrier is being let off the hook, usually for a pittance.
 
How many such happenings do we have in India? What is the option available to a traumatised and injured person or his more traumatised relative? First, if possible, refuse the payment, or cancel out the offending clause that says that this is the ‘full and final settlement’. There will be hullabaloo. Threats of ‘take-it-or-leave-it’ may be made, though, even after accepting such a payment, it could be construed as a contract under coercion, something any competent lawyer can easily get nullified. And, then, hit them hard with the tort of negligence for bad maintenance of tracks, coaches, helicopters, whatever. 
 
Make ’em pay. Through their noses!

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COMMENTS

Pradeep Kumar M Sreedharan

6 months ago

So why are ULIPs going unchallenged? After all they are faulty contracts.

DS Ranga Rao's multiple entry is common here, kindly do the needful. It happens when we are trying to tick the alert box

Deepak Gera

6 months ago

Make them pay is only possible if the courts get their act and deliver justice (NOT delayed justice)

D S Ranga Rao

6 months ago

''Make ’em pay. Through their noses!'' will be possible only when there is fear of law, respect for law and strict enforcement of the laws. But, not in a banana Republic like ours. In a country where law-breaking is a matter of pride and getting away with it is all the more a matter of dignity, who has got the time, nerve and verve for application of law of torts, etc., who delivers and when?

REPLY

P b Sarma

In Reply to D S Ranga Rao 6 months ago

IN INDIA YOU HAVE TO SPEND LAKHS AND A FEW DECADES OF VALUABLE TIME TO RECOVER THE DAMAGES.INDIAN SITUATION IS HELPING CULPRITS AND CRIMINALS.

D S Ranga Rao

6 months ago

''Make ’em pay. Through their noses!'' will be possible only when there is fear of law, respect for law and strict enforcement of the laws. But, not in a banana Republic like ours. In a country where law-breaking is a matter of pride and getting away with it is all the more a matter of dignity, who has got the time, nerve and verve for application of law of torts, etc., who delivers and when?

D S Ranga Rao

6 months ago

''Make ’em pay. Through their noses!'' will be possible only when there is fear of law, respect for law and strict enforcement of the laws. But, not in a banana Republic like ours. In a country where law-breaking is a matter of pride and getting away with it is all the more a matter of dignity, who has got the time, nerve and verve for application of law of torts, etc., who delivers and when?

D S Ranga Rao

6 months ago

''Make ’em pay. Through their noses!'' will be possible only when there is fear of law, respect for law and strict enforcement of the laws. But, not in a banana Republic like ours. In a country where law-breaking is a matter of pride and getting away with it is all the more a matter of dignity, who has got the time, nerve and verve for application of law of torts, etc., who delivers and when?

D S Ranga Rao

6 months ago

''Make ’em pay. Through their noses!'' will be possible only when there is fear of law, respect for law and strict enforcement of the laws. But, not in a banana Republic like ours. In a country where law-breaking is a matter of pride and getting away with it is all the more a matter of dignity, who has got the time, nerve and verve for application of law of torts, etc., who delivers and when?

D S Ranga Rao

6 months ago

''Make ’em pay. Through their noses!'' will be possible only when there is fear of law, respect for law and strict enforcement of the laws. But, not in a banana Republic like ours. In a country where law-breaking is a matter of pride and getting away with it is all the more a matter of dignity, who has got the time, nerve and verve for application of law of torts, etc., who delivers and when?

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