US ban on deepwater oil drilling will stay in force

first_img whatsapp whatsapp KCS-content Share THE US ban on deepwater drilling looks set to stay in place for now, as both a government head and a judge yesterday talked down the possibility of an early end to the rules put in place after the BP oil spill. Judge Martin Feldman said yesterday he would move quickly on oil firms’ challenge to the moratorium, but added he needed more information before he decides whether to overturn the ban. Meanwhile, interior secretary Ken Salazar, who introduced the drilling freeze, said he was not ready to allow work to restart. In a speech to introduce rules on drilling safety, seen as a precursor to lifting the ban, Salazar said: “There will always be risks associated with deepwater drilling, but we will only lift the suspensions when I am comfortable that we have significantly reduced those risks.” Ad Unmute by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryUndoTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastUndoNoteabley25 Funny Notes Written By StrangersNoteableyUndoMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailUndoSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesUndoBrake For ItThe Most Worthless Cars Ever MadeBrake For ItUndoBetterBe20 Stunning Female AthletesBetterBeUndomoneycougar.comThis Proves The Osmonds Weren’t So Innocentmoneycougar.comUndoMagellan TimesThis Is Why The Roy Rogers Museum Has Been Closed For GoodMagellan TimesUndo Read This NextRicky Schroder Calls Foo Fighters’ Dave Grohl ‘Ignorant Punk’ forThe WrapCNN’s Brian Stelter Draws Criticism for Asking Jen Psaki: ‘What Does theThe WrapDid Donald Trump Wear His Pants Backwards? Kriss Kross Memes Have AlreadyThe Wrap’Sex and the City’ Sequel Series at HBO Max Adds 4 More ReturningThe WrapHarvey Weinstein to Be Extradited to California to Face Sexual AssaultThe WrapPink Floyd’s Roger Waters Denies Zuckerberg’s Request to Use Song in Ad:The Wrap’The View’: Meghan McCain Calls VP Kamala Harris a ‘Moron’ for BorderThe WrapNewsmax Rejected Matt Gaetz When Congressman ‘Reached Out’ for a JobThe Wrap2 HFPA Members Resign Citing a Culture of ‘Corruption and Verbal Abuse’The Wrapcenter_img Show Comments ▼ Tags: NULL Thursday 30 September 2010 11:03 pm US ban on deepwater oil drilling will stay in force last_img read more

Ecohouse Module S22 / Ilya Shevchenko

first_img Area:  22 m² Year Completion year of this architecture project Houses Photographs:  Ilya ShevchenkoSave this picture!© Ilya ShevchenkoRecommended ProductsWindowsKalwall®Facades – Window ReplacementsDoorsStudcoAccess Panels – AccessDorWindowspanoramah!®ah!38 – FlexibilityWindowsLibartVertical Retracting Doors & WindowsText description provided by the architects. Ecohouse Module S 22 is a prefabricated series of “growing” houses made of natural materials. The 22-square-meters house was developed with the possibility of stage-by-stage construction with an option of future expansion to 100-square-meters one. The first module includes everything you need – hallway, bathroom (with washing machine, shower, toilet, sink), quiet area with bedding on the 2nd floor.Экодом Модуль S 22 – серийный растущий дом из натуральных материалов с возможностью поэтапного строительства. Проект площадью 22 м2 разрабатывался с учётом будущего расширения до 100 м2. Первый модуль включает в себя всё необходимое для жизни – прихожую, санузел, стиральная машина, душ, туалет, раковина, тихая зона со спальным местом на 2 этаже.Save this picture!© Ilya ShevchenkoThe straw panel’s thickness is 200-400 mm. It exceeds heat-insulating indicators of wooden walls more than twice, brick walls – more than 3 times. The heat loss corresponds with the European standard of passive houses.Проект дома отвечает высоким техническим требованиям – несущие стены возводились из соломенных панелей, которые изготавливаются заранее на специальном станке, где соломенные тюки прессуются в деревянный каркас. На строительную площадку комплект дома привозится частями и ставятся за 2-3 дня.Save this picture!© Ilya ShevchenkoSave this picture!SectionSave this picture!© Ilya ShevchenkoTechnology advantage is the eco-friendly manufacturing, as pressed straw insulation is a renewable natural resource, used in construction instead of being disposed of, production does not leave construction waste. Pressed straw does not burn and does not emit harmful substances.Толщина соломенной панели 200-400 мм, что по теплоизоляционным показателям превосходит деревянную стену более, чем в 2 раза, кирпичную – в 3,5 раза. Потери тепла такого дома соответствуют европейскому стандарту пассивных домов.Save this picture!© Ilya ShevchenkoMicrohouse is located on the rocky coast of Crimea like a seagull. The strong terrace console looks out from the dense site vegetation and reveals unexpected inaccessible views of the coast from a 5-6 meters height. Each window is a unique view of the mountains on the left and early sunsets on the right.Преимущество такой технологии заключается в экологичности, поскольку утеплитель из прессованной соломы — возобновляемый природный ресурс, который используется в строительстве, вместо того, чтобы попусту утилизироваться, производство не оставляет строительного мусора. Прессованная солома не горит и не выделяет вредных веществ.Save this picture!Floor PlanSave this picture!Floor PlanThe terrace hides the main facade with a wide window from the annoying passersby eyes. The house is equipped with solar panels that provide from 70 to 100% of the consumed energy . Sewerage is autonomous.Микродом как морская чайка расположился на скалистом берегу Крыма. Мощный вынос террасы выглядывает из густой растительности на участке и с высоты 5-6 метров открывает неожиданные, ранее недоступные виды на побережье. Каждое отдельное окно – это уникальный вид на горы слева и ранние закаты справа.  Терраса закрывает главный фасад с окном от назойливых глаз случайных прохожих. Дом оснащен солнечными панелями, которые покрывают от 70 до 100% потребляемой энергии. Канализация автономная.Save this picture!© Ilya ShevchenkoProject gallerySee allShow lessFlatiron Summer Series: Talk TuesdaysLecture SeriesAlbes Cemetery Extension / Stefano Peluso ArchitectureSelected Projects Share Architects: Ilya Shevchenko Area Area of this architecture project Ecohouse Module S22 / Ilya ShevchenkoSave this projectSaveEcohouse Module S22 / Ilya Shevchenko Ecohouse Module S22 / Ilya Shevchenko Save this picture!© Ilya Shevchenko+ 15Curated by María Francisca González Share 2019 ShareFacebookTwitterPinterestWhatsappMailOr Clipboard “COPY” Copy•Russia Year:  “COPY” Russia ArchDaily Photographs ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Projects CopyAbout this officeIlya ShevchenkoOfficeFollow#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesArchDaily & Strelka AwardAlupkaRussiaPublished on July 15, 2019Cite: “Ecohouse Module S22 / Ilya Shevchenko” 15 Jul 2019. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogFaucets / SinkshansgroheKitchen SinksGlass3MSun Control Window Film in MarkthalPartitionsSkyfoldIntegrating Operable Walls in a SpaceRetractable StructuresShadeFXRetractable Canopies in Beverly HillsPanels / Prefabricated AssembliesIsland Exterior FabricatorsSpecialty Facade SystemsWoodSculptformTimber Tongue and Groove CladdingSkylightsVELUX CommercialLonglight 5-30° – Modular SkylightsBars / Wire / MeshJakobWebnet – Sports NetSuspension SystemsMetawellAluminum Panels for Ceiling SailsMineral / Organic PaintsKEIMTiO2-free Mineral Paint – Soldalit®-ArteHanging LampsLuminisPendant Lights – HollowcoreHandicap BathroomAamsco Lighting, Inc.Mirror-Lux LED Illuminated MirrorMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more

Opinions on RFS Reform Vary

first_img House lawmakers said Wednesday that they plan to introduce legislation to address issues with the Renewable Fuel Standard. Representatives Bob Goodlatte of Virginia, Jim Costa of California, Steve Womack of Arkansas and Peter Welch of Vermont say they will introduce the Renewable Fuel Standard Reform Act to help ease concerns created by the ethanol mandate and protect consumers, energy producers, livestock producers, food manufacturers, retailers and the U.S. economy.The National Cattlemen’s Beef Association and National Pork Producers Council are urging Congress to reform the biofuels mandate. The two groups called on lawmakers to make changes to the RFS last fall after the Environmental Protection Agency chose not to waive the biofuels mandate in response to the drought. NCBA and NPPC want a reform bill that ensures market stability, feed availability and the long-term sustainability of rural American economies. NCBA Policy Vice Chair Craig Uden says cattlemen and women are self-reliant. But in order to maintain that – he says they cannot be asked to compete with federal mandates like the RFS for the limited supply of feed grains. According to NPPC President Randy Spronk – it’s clear something is broken and needs to be fixed when the EPA can’t provide a temporary waiver of the RFS during the worst drought in 70 years to assure adequate feed and food supplies. Both NCBA and NPPC point out that the RFS mandates that 13.9-billion gallons of corn-based ethanol be blended into gasoline. They say that amount will use about 4.9-billion bushels of corn – or about 40-percent of the nation’s crop.Renewable Fuels Association President and CEO Bob Dinneen says the motivation behind the Renewable Fuel Standard Reform Act is backwards, silly, circular logic. He says the bill guts the only program that has successfully opened the market to these new technologies – lowering our dependence on imported oil and reducing the consumer price of gasoline; does nothing to end the billions in subsidies to Big Oil while denying market access to E15; and handcuffs the commercialization of cellulosic and advanced biofuels by removing the forward-looking, market-driving provisions of the original legislation. According to Dinneen – this legislation will scare away investors and says nothing undermines next generation innovation like uncertainty. Advanced Ethanol Coalition Executive Director Brooke Coleman called the measure a smokescreen for going after the one alternative fuel and the one policy that has fundamentally disrupted oil industry control of the marketplace while saving consumers money at the pump.Source: NAFB News Service Facebook Twitter By Andy Eubank – Apr 10, 2013 Opinions on RFS Reform Vary Facebook Twitter SHARE SHARE Home Energy Opinions on RFS Reform Vary Previous articleFarm Bureau Analyzes Latest WASDE DataNext articleDow AgroSciences Unveils Biotechnology Research Center Andy Eubanklast_img read more

Indiana Fall Fieldwork Wraps Up

first_img SHARE Facebook Twitter By Gary Truitt – Nov 30, 2015 Facebook Twitter SHARE Periodic rain showers kept farmers out of the fields for most of the week, according to Greg Matli, Indiana State Statistician for the USDA’s National Agricultural Statistics Service. Heavy rain showers led to localized flooding in the South. Temperatures remain to be above normal for this time of year. There were 3.7 days available for fieldwork, down 0.4 days than last week.Winter wheat continues to grow well, and has begun to enter into dormancy for the winter. There were a few reports of stressed wheat fields in flooded areas. Most of the fall fieldwork has been completed, equipment cleaned and stored, ready for next growing season.Rains throughout the week have led to some livestock damage to fields. Other activities for the week included hauling grain, spreading lime, and baling corn stalks for supplemental feed for livestock. Indiana Fall Fieldwork Wraps Up Home Indiana Agriculture News Indiana Fall Fieldwork Wraps Up Previous articleDow Sells Treflan ChemistryNext articleIndiana FFA Launches READ to FEED Gary Truittlast_img read more

Alverno Welcomes Grandparents and Special Friends To Campus

first_img Subscribe 5 recommended0 commentsShareShareTweetSharePin it On Tuesday, November 20 Alverno welcomed more than 90 grandparents and special friends to campus to participate in Alverno’s annual Grandparents’ and Special Friends’ Day.Grandparents and special friends were treated to a morning reception in the Alverno library before joining the rest of the student body for Thanksgiving Mass. The Mass, officiated by Father Dennis of St. Philip the Apostle, not only celebrated Thanksgiving but also called on students to be thankful for all of the wonderful lessons and memories they shared with their grandparents and special friends.Following Mass, grandparents and special friends were invited to attend classes with their student hosts. While visiting classes, grandparents and special friends were encouraged to share stories about their own time as students, how the world has changed, and even how they got their grandparent nicknames! Grandparents and special friends shared how they spent their time as kids and how different it was then. Some classes even issued assignments encouraging students to live more like their grandparents and special friends for day by giving up technology and writing about their experiences.Following their classroom visits, students and their grandparents and special friends were treated to a catered lunch in the Villa del Sol d’Oro.“Our grandparents and special friends are not only important family members but wonderful teachers and role models,” said Ann Gillick, Head of School. “Each of them has played an important role in the development of the young women in their life and each has helped to mold them into the individuals they are. We are thankful to have their support in empowering each young woman to be exactly the person she wants to be.”About Alverno High SchoolAlverno High School is a Catholic, private, college preparatory school for young women dedicated to preparing them to function in a society as informed, knowledgeable persons, who have the requisite skills to make and implement mature decisions about complex problems. Enlivened by the spirit of its Immaculate Heart Community sponsors, and mindful of the Franciscan roots of its founders, Alverno’s program—academic, spiritual, aesthetic, social, and physical—is shaped by the staff, trustees, and students in light of the world for which the students are being educated. Alverno’s mission is to empower each young woman to be exactly the person she wants to be and since 1960, Alverno has empowered more than 4,100 women to meet that goal. For more information about Alverno High School, please call (626) 355-3463 or visit Name (required)  Mail (required) (not be published)  Website  Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Community News HerbeautyThese Fashion Tips Are Making Tall Girls The Talk Of The TownHerbeautyHerbeautyHerbeautyYou Can’t Go Past Our Healthy Quick RecipesHerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeautyHerbeauty9 Of The Best Family Friendly Dog BreedsHerbeautyHerbeautyHerbeauty10 Secrets That Eastern Women Swear By To Stay Young LongerHerbeautyHerbeautyHerbeauty7 Tips To Rejuvenate Winter Dry, Chapped LipsHerbeautyHerbeauty EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,PCC – EducationVirtual Schools PasadenaDarrell Done EducationHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Make a comment Your email address will not be published. Required fields are marked *center_img More Cool Stuff Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Community News Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Top of the News Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Business News First Heatwave Expected Next Week Education Alverno Welcomes Grandparents and Special Friends To Campus Alverno students and grandparents enjoyed Thanksgiving Liturgy and Mass together By SARA A. McCARTHY Published on Monday, November 26, 2012 | 4:00 pmlast_img read more

Podcast: Limerick Post News Roundup July 27, 2019

first_imgCian Reinhardt looks at the content in this week’s Limerick Post newspaper, giving a run-down on this week’s Business, Politics, Sports, Arts and Entertainment news. This week’s podcast is brought to you with HSS Hire, your local hire specialist.Sign up for the weekly Limerick Post newsletter Sign Up This week’s headlines:Michael meets canal rescuer after 56 yearsLandmark planning decision to allow Limerick solar panelsJohn Keogh of Sporting Limerick joins us to talk about this week’s All-Ireland Hurling Semi-FinalsAll this and our Sports news with Sporting Limerick and Arts news. Print Advertisement Previous articleMarks and Spencer agreement for Limerick city centreNext articleCabinet approves support for Adare Manor to host The Ryder Cup 2026 Cian Reinhardthttp://www.limerickpost.ieJournalist & Digital Media Coordinator. Covering human interest and social issues as well as creating digital content to accompany news stories. [email protected] Facebook Linkedincenter_img WhatsApp BusinessLifestyleLimerickNewsPodcastsSportPodcast: Limerick Post News Roundup July 27, 2019By Cian Reinhardt – July 25, 2019 104 Email Twitterlast_img read more

Gardai launch Community Safety Week in Donegal

first_img Twitter Further drop in people receiving PUP in Donegal Google+ Man arrested on suspicion of drugs and criminal property offences in Derry 365 additional cases of Covid-19 in Republic Google+ 75 positive cases of Covid confirmed in North Gardai launch Community Safety Week in Donegal News Facebook RELATED ARTICLESMORE FROM AUTHOR Previous articleRNLI says Lough Swilly was Donegal’s busiest lifeboat station during the summerNext articleGardai in Donegal are urging people to look out for others in the community News Highland center_img Facebook WhatsApp WhatsApp Twitter By News Highland – September 22, 2010 Gardai in Donegal are urging people to look out for others in the community, particularly the elderly and other potentially vulnerable people.It’s part of national Community Safety Week, which was launched by Commissioner Fachtna Murphy at the National Ploughing Championships this week.Letterkenny based Inspector Pat O’Donnell says it’s a matter of people paying more attention to their own homes and the homes of the people around them…………[podcast][/podcast] Main Evening News, Sport and Obituaries Tuesday May 25th Pinterest Pinterest Gardai continue to investigate Kilmacrennan firelast_img read more

Fatal Motor Accident Cases: Principles For Computing Compensation

first_imgKnow the LawFatal Motor Accident Cases: Principles For Computing Compensation Ragini Agarwal24 July 2020 8:30 PMShare This – xWith over 1.5 lakh deaths annually in motor accident cases in India (as per the latest official records), it is not unsurprising that claims on account of compensation for motor accident deaths is one of the most disputed arenas of litigation in the Supreme Court. Time and again the Apex court has attempted to lay down a rule of thumb to grant compensation to ensure that…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginWith over 1.5 lakh deaths annually in motor accident cases in India (as per the latest official records), it is not unsurprising that claims on account of compensation for motor accident deaths is one of the most disputed arenas of litigation in the Supreme Court. Time and again the Apex court has attempted to lay down a rule of thumb to grant compensation to ensure that there is consistency and predictability in the compensation that is granted in motor accident related claims. The need for consistency and predictability in motor accident related claims was highlighted in Sarla Verma v. Delhi Transport Corporation & Anr (“Sarla Verma”) wherein it was held: “While it may not be possible to have mathematical precision or identical awards, in assessing compensation, same or similar facts should lead to awards in the same range. When the factors/inputs are the same, and the formula/legal principles are the same, consistency and uniformity, and not divergence and freakiness, should be the result of adjudication to arrive at just compensation.”(¶8) Compensation awarded does not become ‘just compensation’ under the Motor Vehicles Act, 1988 [“MV Act”], merely because one Motor Accident Claims Tribunal [“MACT”] considers it to be just – there should be uniformity across all MACT in coming down to a similar formulation of compensation. Both §140 and §163-A allow compensation on a no-fault liability basis. The former provides for interim relief whereas the latter is a final one (¶¶43-45). As per §163-B, a claimant can file a claim under any one of the sections but not both. Introduction of §163-A was a shift from the fault-liability regime that existed previously since the requirement of proving fault of the owner of the motor vehicle was done away with (¶41). However, courts found that the method of compensation through a structured compensation method provided for in Schedule II of the Act was riddled with inconsistencies and defects. To make more effective this grant of compensation, courts evolved their own formula for grant of compensation. Since the formulas evolved are only guidelines for compensation, in the absence of statutory and a straitjacket formula, there are bound to be grey areas. Nonetheless, the author here surmises the broad principles that have been formulated in granting compensation for fatal accidents and paints a picture of the grey areas that emerge when such questions arise before the Court. The author also argues that the 2018 Amendment to the Schedule II of the Act providing for fixed compensation instead of the structured formula method evolved by the Courts is faulty. Accordingly, statutory changes must be made to reflect the method evolved by the judiciary to ensure uniformity in application of the guidelines. Judicial Dicta evolved on the Principles for Assessing Compensation The compensation is given by assessing the following heads: Loss of dependency;Loss of consortium, loss of estate and funeral expenses; andContributory Negligence (if any). The parameters of calculating the same are delineated below. Loss of Dependency In Sarla Verma, it was laid down that the important factors to be considered a) age of the deceased at the time of death; b) his income at the time of death; and c) the number of dependants left behind. To adequately take into account all these factors in calculating loss of dependency, the following methodology was adopted: (Actual Income of the deceased per annum – Personal and living expenses of the deceased + Future Prospects) x Multiplier. The actual income is based on income less tax if the income comes within the taxable bracket. Here computation of notional income is also done in special cases such as those of housewives. It was held in Lata Wadhwa v. State of Bihar that considering the multifarious services rendered by housewives, their notional income for the age group of 34 to 59 years should be INR 36,000/- per annum for the purposes of computing compensation. For elderly ladies aged 62 to 72 years, value would be taken at INR 20,000/- per annum. In Arun Kumar Agrawal v. National Insurance Co. Ltd., the MACT gave notional income of INR 5,000/- per month to the housewife and the Supreme Court held that the amount payable to dependents could not be diminished on the grounds that a close relative could volunteer for the services provided by the deceased (¶27). Following this, the Supreme Court in the recent June 2020 case of Rajendra Singh v. National Insurance Co. Ltd. held that income of the housewife would be computed at INR 5,000/- per month and an amount of 40% would also be granted towards future prospects (¶11). On the question of whether pension received by a widow who died in a motor vehicle accident would be computed in calculation of income, the Supreme Court in National Insurance Company Limited v. Birender and Ors. said it would not (¶21). In this case, it was also held that two grown sons of the deceased could be considered eligible for compensation under ‘loss of dependency’ under §166 of the MV Act. The personal and living expenses depend on the deceased’s marital status and the number of dependants he has. The Court does not look at evidence of actual personal expenses, but objectively computes the same. The following table shall be useful in computing the same and is ordinarily followed unless a cause for departure from the same is made out.[1] Marital Status Number of dependant family members Amount of income to be deducted towards personal and living expenses Married 2-3 1/3rd Married 4-6 1/4th Married >6 1/5th Bachelor Claimants are dependant parents: subject to evidence to the contrary, father would be likely to have his own income and would not be considered a dependantbrothers and sisters of the deceased would not be considered dependants since they would be independent and earning or dependant on the father ½ Bachelor If Claimants are large in number owing to the large family of the deceased, say with a widowed mother and a number of younger non-earning brothers or sisters 1/3rd An instance of cause of departure from the above principles is the United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur & Ors. case, wherein the deceased was a resident of a foreign country. The Apex Court held that while considering the case of the deceased ordinarily 1/4th of the income would be deducted towards personal expenses, in the instant case, being resident in a foreign country meant that higher living and other expenses would be there and hence, a deduction of 50% was justified (¶9.2). Since the endeavour is to put dependants/claimants in the pre-accidental position, compensation also accounts for prospective pecuniary loss. National Insurance Co. Ltd. v. Pranay Sethi & Ors. (“Pranay Sethi”) was a five-judge bench decision of the Supreme Court in which the principles governing calculation of future prospects were concretised, so that the increment in income could be adequately accounted for. Differentiating from Sarla Verma[2], it was held that merely because a person may be self-employed, did not mean that he would remain static in his career path. Such an assumption was against the “fundamental concept of human attitude which always intends to live with dynamism and move and change with the time” (¶59). Accordingly, it held that the actual income would be incremented with the following percentages in the determination of future prospects (¶59): Below 40 years 40-50 years 50-60 years Deceased with a Permanent Job 50% 30% 15% Deceased self-employed or on a fixed salary 40% 25% 10% Notably, for the death of minor children, there is a divided opinion in the Supreme Court when it comes to grant of just compensation while accounting for future prospects. In New India Assurance Co. Ltd. v. Satender, the victim was a 9 year old child. The Supreme Court held that considering the uncertainties that abound when it comes to small children, income and financial loss suffered by parents would be incapable of financial assessment (¶12). In 2009 however, in the case of R.K. Malik v. Kiran Pal, where the deceased was a 10 year old, stated that future prospects ought to be granted for children as well (¶33). In one of the recent cases in the Supreme Court, the Division Bench chose to follow the aforementioned Satender case and refused to enhance compensation on the ground of future prospects (¶12-15). In the author’s opinion, such a stance is problematic considering that if income can be assessed notionally for minors, there is no reason why future prospects should also not be adequately calculated. The multiplicand arrived at by taking into account income and future prospects and deducting personal expenses is then multiplied with the multiplier. The multiplier was formulated taking into account the age of the deceased and the period of active career as well as the imponderables in life and various economic factors. Before the standardisation of the multiplier in Sarla Verma, there were different scales of multiplier followed by the Courts leading to inconsistencies. Sarla Verma clarified that the multiplier as shown below must be used as a basis (¶¶19-21). This has largely become the norm followed today in calculating the compensation. Age of the deceased (in years) Multiplier Upto 15 – 15 – 20 18 21 – 25 18 26 – 30 17 31 – 55 16 36 – 40 15 41 – 45 14 46 – 50 13 51 – 55 11 56 – 60 09 61 – 65 07 Above 65 05 This is consistently followed irrespective of whether the deceased was a bachelor or married. The confusion that persisted earlier (from U.P. State Road Transport corporation v.Trilok Chandra) about whether the age of the parents of the deceased is to be considered was clarified by decisions such as Sarla Verma, Reshma Kumari, Munna Lal Jain and Pranay Sethi. It was held that only the age of the deceased is relevant for evaluating the applicable multiplier. It may be noted that the age for calculating the multiplier as well as future prospects is taken in the same age group and not necessarily an exact age. In M.H. Uma Maheshwari & Ors. v. United India Insurance Co. Ltd. & Anr, the age of the deceased at the time of death was 50 years 3 months. The Supreme Court held that the High Court applying the bracket of 50-60 years to determine the future prospects and multiplier was erroneous and the general age group was required to be considered (¶8). Assessing the Three Conventional Heads In Pranay Sethi it was held that in cases of death, compensation would be awarded only under the three conventional heads of loss of estate, loss of consortium and funeral expenses (¶54). These could not be determined on a percentage basis. They have to be quantified on a reasonable basis and the Constitution Bench held that the loss should be INR 15,000/-, INR 40,000/- and INR 15,000/- respectively enhanced by 10% every three years to ensure consistency. Consortium was traditionally awarded only to the spouse, however, in Magma General Insurance Co. Ltd. v. Nanu Ram & Ors., this loss of consortium was determined to be a compendious term inclusive of spousal, parental as well as filial consortium. In United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur & Ors., the Supreme Court noted that there could be no justification for a separate head of loss of love and affection separate from the three conventional heads that Pranay Sethi had recognised. Contributory Negligence The question of contributory negligence arises if both parties are involved in the accident due to rash and negligent driving. If there are instances of contributory negligence in causing an accident, the compensation amount arrived at by computing the above is reduced by a certain percentage depending upon the kind of contributory negligence. To lead to such a determination of contributory negligence however, a causal connection between the act of the victim and the causation of the accident or the act of the victim and the extent of injuries must be shown. Where the accident took place while the deceased was overtaking another vehicle, the liability of contributory negligence was determined and a deduction of 50% was made from the amount of compensation determined. On the other hand, where the accident occurred with the deceased carrying more than one person on the pillion, it was held that the deceased could at most be guilty of violation of law, but not of contributory negligence (¶13). Without wrongful act of the deceased contributing to the accident or the extent of injuries, no claim of contributory negligence could be justified. This wrongful act must be substantiated and not be a mere surmise. The standard of proof required to be followed in proving such acts of negligence is that of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases. If the deceased/claimants were wholly responsible for the accident, no claim of compensation under §166 of the MV Act would stand. Conclusion Thus, the final formula which emerges for calculating the compensation is: (Actual Income – Deduction towards personal Expenses + Future Prospects) x Multiplier + Loss of Estate + Loss of Consortium + Funeral and other expenses – Deduction towards contributory negligence (if any) While the principles governing “just compensation” cannot be calculated with arithmetic exactitude,[3] laying down a reasonable standard so that compensation may be fair and equitable across cases is important. Owing to the strict legislative formulation on the same, the judiciary stepped up and evolved a broad doctrine of computing compensation. Instead of statutorily recognising these principles, the 2018 Amendment to the Schedule II added a fixed compensation of INR 5 lakhs to be given in cases of death with annual increments of 5%. Additional compensation for the conventional heads were no longer provided explicitly, which is bound to lead to more confusion when the cases come before courts. Further, such an amendment does not reflect factors such as age, income and dependents of the victim and is insufficient to address the need of the situation. The cases here are a clarion call that the legislature should formulate these guidelines into statutory provisions to ensure that the MACT applies these principles across cases uniformly and the burden of the apex court in adjudicating these cases is reduced. Such an amendment may be made by amending the Schedule II of the MV Act, laying down a clear cut formula as described above with clear heads to ensure that there is no contravention from the standards. At the same time, enough flexibility should be provided for cases which may be different from the norm so that the objective of a “just compensation” is not controverted in the quagmire of legal wording of the statute. (Author is a Xth Semester, B.A., LL.B. (Business Laws Hons) Student , at National Law University Jodhpur.) [1] Sarla Verma, (2009) 6 SCC 121, ¶¶30-32, re-affirmed in Reshma Kumari & Ors. v. Madan Mohan & Anr, (2013) 9 SCC 65, ¶¶41-43. [2] See also, Santosh Devi v. National Insurance Co.Ltd., (2012) 6 SCC 421. [3] National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, ¶57. Next Storylast_img read more

Historic downtown walks continue

first_img By The Penny Hoarder Published 10:47 pm Monday, April 14, 2014 Book Nook to reopen Email the author Pike County Chamber of Commerce President Kathy Sauer has shoes that are made for walking.Sauer participated in Troy’s April Walking Tour Saturday morning. Then, she traveled eight miles down the road to participate in the April Walking Tour in Brundidge Saturday afternoon.Sauer laugingly said “stroll” would better describe the tours of the College Street historic district in Troy and the downtown business district in Brundidge.The April Walking Tours are a statewide promotion program of the Alabama Department of Tourism and Travel. The participating cities are hosting walking tours each Saturday in April. More that 30 cities and towns are participating.Troy is an official participate in the April Walking Tour. The Troy tours are alternating between the commercial and historic neighborhood districts. The walking tour in Brundidge was planned as a one-time event and was hosted by studio 116 and the Brundidge Historical Society.“It’s exciting that Brundidge is participating in the 2014 Alabama Walking Tours,” Sauer said. “The tours are fun ways to learn about the history of your community and John Phillip Johnston did an excellent job in leading the tour. We all gathered inside studio 116 where he presented a very interesting history of Brundidge and its founders. Then, we walked the streets to learn about the different businesses that once occupied the stores in the downtown area.”Johnston entertained the 28 participants with stories about a shoot-out on Main Street, bathtubs in the barbershop and threats to “whup” the principal if he showed his face in town.Brundidge Mayor Jimmy Ramage, who is a native of Brundidge, said Johnston is a walking history of Brundidge.“He brought old Brundidge back to life for those of us who grew up here and for those who are fairly new to our community,” Ramage said. “It was good to see such a mix of citizens participating and we all had a good time and learned a lot.”Following the tour, everyone was invited back to the studio for refreshments and a time of fellowship.“We enjoyed roasted peanuts and peanut butter and jelly sandwiches that relate to Brundidge’s history in the peanut butter industry,” Sauer said. “Everyone had a story to share about Brundidge. Saturday was a great day for learning more about our Brundidge and Troy communities.”Sauer said Troy will continue its tours at 10 a.m. Saturday with a tour of the downtown commercial area and conclude the April Walking Tours on the April 26 with tour of the historic neighborhoods. Print Article Latest Stories Plans underway for historic Pike County celebration Historic downtown walks continue By Jaine Treadwellcenter_img The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Troy falls to No. 13 Clemson Sponsored Content Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthTop 4 Methods to Get Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Remember America’s heroes on Memorial Day You Might Like Concert pays tribute to Rex Locklar Saturday was a bright, sunny April day and bluegrass was on the breeze. The campers where in place and Henderson… read more Next Up Pike County Sheriff’s Office offering community child ID kitslast_img read more

Severe weather, flooding rain moves east and historic Southwest heat wave continues

first_imgABC NewsBy MAX GOLEMBO, ABC News(NEW YORK) — In the last 24 hours, there were more than 240 damaging storm reports from Texas to Illinois. These storms also produced a tornado north of New Orleans and just east of Baton Rouge, Louisiana. In Oklahoma, Texas and Missouri, winds gusted up to 70 to 80 mph, producing numerous power outages. Some of the storms brought larger than baseball-sized hail to the Sooner State. This same storm system that brought the severe weather to the Plains will move east Wednesday and will bring a chance for damaging winds to the Southeast, including Atlanta, Birmingham, Alabama, and New Orleans. A few isolated tornadoes are possible. As this storm system moves east Thursday and Friday, it will bring flooding rain from the Carolinas to New York state.As of Wednesday morning, eight states on the East Coast are under flood alerts. Some areas of the East Coast could see up to 3 to even 4 inches of rain on Thursday and Friday, where flash flooding is possible.Meanwhile in the Southwest, the historic heat wave continues. Palm Springs, California, tied a record at 106 degrees and Las Vegas tied a record high of 97 degrees Tuesday. And now, the forecast is even hotter for some Wednesday. If Vegas hits 101 degrees, this would the first triple-digit temperature recorded in April in the city’s history.The all-time April record high for Phoenix is 105 and the city could tie it or break it Wednesday. And Death Valley could reach into the 110s for the second day in a row. Wednesday will be the hottest day for Vegas and Phoenix but even hotter weather is expected Thursday in Tucson, Arizona, where it could get close to their all-time hottest April temperature of 104 degrees. Copyright © 2020, ABC Audio. All rights reserved.last_img read more