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Friday, April 20, 2018

CSK train chugs off ~ CSKku Punela visil podu !!


It is ten years  since the first match in IPL was played  in 2008. Ten full years since Brendon McCullum smashed 158* for Kolkata Knight Riders – between and more so, much has changed since Chennai Super Kings last played Rajasthan Royals in 2015. Shane Watson has switched camps. Suresh Raina has missed an IPL game in yellow jersey  ~  MA Chidambaram Stadium will not host CSK's home matches this season. This isn't the first time that CSK have had to move to a new home - MS Dhoni's hometown of Ranchi hosted them in 2014 and 2015. But with 34 wins in 48 IPL matches, the MA Chidambaram Stadium has for long been a stronghold, and how they adapt to a forced change of venue will be key to the remainder of their season.

Namma ooru Chennai ku periya whistle adinga..!!   Namma thala Dhoni ku periya whistle adinga..!!

Don’t worry fans – CSK is there to win ! – as somebody wrote – IPL is the game where other teams battle out to meet CSK in the finals  - today’s venue Pune is  around 1100 kms away from Chennai Chepauk – there are many trains – passing through Arakonam, Renigunta, Guntakkal, Raichur, Daund .. to the destination Pune.

Yesterday, the person who went unsold in first 2 rounds of the auction, Chris Gayle lit up the IS Bindra Stadium in Mohali scoring  the first hundred of VIVO IPL 2018 and powered his team, Kings XI Punjab, to a big first innings total. Riding on the Jamaican’s knock, KXIP posted 193-3, after which the home team’s bowlers restricted the visiting Sunrisers Hyderabad to 178-4.   Earlier,  Kings XI Punjab captain Ravichandran Ashwin broke the trend of all the captains winning the toss and opting to field so far in the tournament. The hosts got off to a slow start, scoring just 13 runs off the first three overs.  Chris Gayle broke the shackles when he launched into Chris Jordan in the fourth over, and there was no stopping him thereafter; the Jamaican, 3 from 8 after the first three overs, would score 97 off the following 50 balls, to register his sixth hundred in the IPL. He would bat through the twenty overs and walk back to the dressing room unbeaten on 104, made from 63 balls.

Was infuriated hearing a commentator stating – Chris Gayle is hitting International bowler Rashid Khan to all parts of the ground .. .. .. dear man, please have your facts rechecked – the so called bowling sensation Rashid Khan is an Afghan yet to play against big teams at International and the giant Chris Gayle has scored 7214 test runs with 333 as highest; 9585 ODI runs  (23 tons) – 215 as highest and 1589  T20 International runs with 2 centuries.

The game of Cricket has seen many drastic changes – in Melbourne in 1971 when the 3rd Test was washed out due to rain, it was thought fit to have a single match day – a limited over version and thus the popular ODI was born. Years later in 2005, the first T20 match was played.  Now ECB is mulling a  new city-based competition set to be a 100-balls-a-side affair ! The concept proposes two eight-team competitions - for men's and women's teams - consisting of 15 traditional six-ball overs, and a final 10-ball over, a 20-delivery shortfall on traditional T20 matches.

The proposed approach was presented by the ECB to the chairmen and chief executives of the first-class counties and MCC on Thursday, and has been unanimously supported by the board of the new competition. The ECB have also confirmed that Southampton, Birmingham, Leeds, London, Manchester, Cardiff and Nottingham will be the host cities for the five-week competition, with Lord's and The Oval each playing host to a London-based team. The loss of 20 balls per innings will help to ensure that the competition fits comfortably into a three-hour window, with all matches expected to finish by 9pm. However, the proposed 10-ball final over may require buy-in from MCC's law-makers, seeing as Law 17.1 currently states: "The ball shall be bowled from each end alternately in overs of 6 balls."~ are they trying to shake something off from the popularity of Indian Premier League.

Even as the matches of CSK had to be moved out of Chepauk due to political reasons, Chennai Central station witnessed a celebration of sorts on Thursday as hundreds of cheering fans boarded the Whistle Podu Express, a fans-only special train to Pune. A sea of yellow jerseys took over platform number 2,  dancing and waving Chennai Super Kings banners and whistling their way to the train.

The special train was organised by the CSK management board to cheer up their fans who were dejected after the team decided to host its home games in Pune.  Close to 1,000 CSK fans from across all age groups started their journey to Pune in a special train — Whitlsepodu Express — to cheer for MS Dhoni's men during their "home game" against Rajasthan Royals at the Maharashtra Cricket Association Stadium on Friday, April 20.  "We were initially disappointed over the decision to shift matches to Pune. We were expecting a venue in Kerala as we believed it would be easier to travel to the neighboring state and support the team. But this is an unprecedented move from Chennai Super Kings' management, we are extremely happy," a spokesperson of the  franchise's official fan club is quoted as saying.

So even Chennai Super Kings' home matches in IPL 2018 have been moved out of Chennai, they won't be lacking in support in Pune/  The arrangements have been made only for the game against Rajasthan Royals on Friday, but CSK officials are keen to bring the fans back for the remaining 'home' matches in Pune too.

Come one namma CsKku oru visil podu !

With regards – S. Sampathkumar
20th Apr 2018.

Wednesday, April 18, 2018

technology howler in IPL ~ DK hand directs bowler Mavi


Remember that Chepauk Test in Dec 1983 – Sunil Gavaskar made an unbeaten 236 – but did not open.  Anshuman Gaekwad opened with Navjot singh Sidhu.  Gaekwad was out for a duck and Dilip Vengsarkar too failed to open his account – both caught by Roger Harper off Malcolm Marshall – and Sunil Gavaskar who refused to open was at the crease at 0/2 .. .. something akin  - Rohit Sharma's decision to bat at No. 4 after Mumbai Indians' first two games was to play the anchor role in the middle order, it seemed to have flopped as soon as their innings started against Royal Challengers Bangalore. Umesh Yadav's two swinging deliveries removed Suryakumar Yadav and Ishan Kishan for golden ducks, and the captain was effectively opening the batting again.

As a 19 year-old bowling all-rounder, Shivam Mavi captured the attention of cricket fans bowling fast and dismissing Delhi Daredevils’s skipper, Gautam Gambhir in Monday’s match at the Eden Gardens, Kolkata. His accuracy and ability to clock up pace consistently has enamoured one and all. He’d previously burst into the scene with his impressive bowling performances in the 2018 U-19 World Cup, which India went on to win.  Today at Jaipur, Kolkata Knight Riders captain Dinesh Karthik stuck to this season's IPL trend of teams opting to bowl first, against Rajasthan Royals in Jaipur. Both teams, coming off wins in their previous games, remained unchanged.

As D Short and Ajinkya Rahane opened, KKR opened with Piyush Chawla and Kuldeep Yadav and kept things too tight.  Another spinner, Sunil Narine came on to bowl in the power play and was hit for 4 fours by Rahane.  Then came Nitish Rana, not a regular bowler, but who has dismissed Kohli and de Villiers.  Off the 3rd ball, Kartik went for an unnecessary review as Rana’s delivery to Short, hit the bat, pad, ground and everything before going on to Dinesh Kartik and another ball later, DK did a brilliant  back-handed flick onto the stumps off his right hand; Rahane was done by the smart work of the keeper.

Elsewhere, Surrey head coach Michael Di Venuto has left the door ajar for David Warnerand Steven Smith to play for the county during their ball-tampering bans if the ECB were to permit the pair to be available for the English domestic game. Di Venuto is a former Australia batting coach, having held the role from 2013 to 2016, and said it would be "mad" not to consider signing either of the duo should it be allowed. The bans handed down by Cricket Australia only cover Australian international and domestic cricket, although any position in the county game would need ECB sign-off.

"From an Australian perspective, it is probably important that they play a bit of cricket at some stage," Di Venuto said. "I don't know if they are allowed to play in this competition. I know what it states in their sanctions that they can't play domestic cricket in Australia. "If they are in the right mental state to play cricket and the ECB will have to allow it to start with, then we'd be mad not to look at some of the world's best players potentially playing."

At Jaipur, today, in the last over, DK was too critical putting pressure on young Mavi, literally directing him with hand directions which did not go unnoticed. He directed for bowling wide off, a bouncer, full pitched one and more .. .. IPL is reliant on technology and there have been some good decisions aided by technology – yet there can be howlers too .. .. ..

It might not have had much of a bearing on the result of the match, but the third umpire might have looked at the wrong replay when the on-field officials turned to him to check on a no-ball during the match between Mumbai Indians and Royal Challengers Bangalore. Jasprit Bumrah is no stranger to bowling no-balls - his costliest one coming in last year's Champions Trophy final - but he got away without scrutiny when he dismissed Umesh Yadav, the eighth Royal Challengers batsman to fall, on Tuesday. The on-field umpire immediately asked to see if he had overstepped. The replay shown, though, has Umesh at the non-striker's end, and the heel of Bumrah's front foot lands well inside the crease. The commentators were surprised that it was even checked. "No need to go [to the third umpire] for that," commentator Sunil Gavaskar said on air.

It went unnoticed that Umesh was in the picture at the non-striker's end until Twitter user @ronak_169 brought it to ESPNcricinfo's notice. While this was not significant to the result - Royal Challengers were 137 for 7, chasing 214, with only 13 balls left - it once again raises the possibility of this human error in more critical stages of the match. Nor is this the first time that the third umpire has ruled on a no-ball when watching the wrong replay.  It is reported that this  kind of error often occurs when the replay operator clicks twice, thus going to the previous ball and missing the ball in question. In this case, Umesh was indeed at the non-striker's end one ball before he got out. There is no plausible reason for this to be anything other than an innocent human mistake, but such an error has the potential to attain major significance in a tight situation.

In this particular instance, perhaps the third umpire could have been more vigilant. Perhaps checking who is at the non-striker's end when checking for no-balls can be added to the third umpire's protocols, but by no means is it an exhaustive check: in this case, for example, if the previous ball had been a dot played out by Umesh, a wrong replay would have shown Virat Kohli at the non-striker's end.

With regards – S. Sampathkumar
18th Apr 2018
PS: majorly reproduced from cricinfo.



Wednesday, April 11, 2018

CSK forced to shift home ~ why DD & KX1 missed out 1 foreign player ??


On Sunday, 8th Apr 2018 – Delhi Daredevils played Kings X1 Punjab – and some observed that both teams were short by one foreign player, in specific – Aussies !  ~ the reason ??

                       Indian opener  KL Rahul blasted the IPL's fastest half-century to give Kings XI Punjab a rousing start to their 2018 IPL campaign. Rahul razed the Daredevils attack in a brutal performance, getting to the landmark inside three overs and off just 14 balls.  Incongruously, though, Kings XI ended up huffing and puffing to their target of 167. After Rahul's dismissal, Kings XI only managed 103 runs in 84 balls. But such had been the damage inflicted by Rahul that they still ended up winning with seven balls to spare.

~ and on Tuesday at Chennai emotions ran riot.  The lead-up to Chennai Super Kings' homecoming after nearly three years was insane. Several local political parties and fringe groups had threatened to disrupt the match against Kolkata Knight Riders to show solidarity with protests calling for the resolution of the Cauvery water dispute between Tamil Nadu and neighboring state Karnataka.  Police cordoned off  several routes leading to MA Chidambaram Stadium and several roads experienced traffic jams.  The standing Umpires were delayed and that resulted in delay of 15 minutes for the toss.  Eight overs into the match, though, panic set in when a group of spectators flung a pair of shoes at the edge of the boundary in the vicinity of Ravindra Jadeja and substitute Faf du Plessis. Du Plessis picked up the shoe, smiled at the crowd and tossed it back amid delirious chants of "CSK! CSK! CSK!" The contrasting emotions summed up the night for the CSK faithful.

CSK homecoming was celebrated with a fine knock by newbie Sam Billings rising above the chaos. Earlier Andre Russell's brutal 88 not out off 36 balls launched Knight Riders to 202 for 6. In the end, it was another CSK win.  Vinaykumar  was given a tough task by rookie KKR captain Dinesh Karthik. Having not bowled since the first over of the chase, in which he conceded 16 runs, Vinay was given the responsibility of defending 16 in the final over against Chennai Super Kings. "It's just a game." Kolkata Knight Riders bowler Vinay Kumar took  to Twitter to ask people mocking him to ease off.

Now comes the sad news for Cricket fan - Chennai Super Kings will lose their home advantage for the rest of the IPL.  The IPL has decided to move their six remaining home games out of the city in the wake of protests during the venue's first match and threats to disrupt more fixtures. Kasi Viswananthan, Super Kings' chief executive officer, reportedly met the Chennai police commissioner on Wednesday afternoon and was advised to "reschedule" the matches in the wake of the ongoing protests in the city over the Cauvery river water issue, a long-standing dispute between Tamil Nadu and its neighbouring state Karnataka. "Because of the volatile situation we have been apprised that it is better to reschedule the games," Viswanathan said. "We have conveyed that to the BCCI and awaiting [further] information."

It could well be Thiruvananthapuram which would be CSK’s home venue. Super Kings already have experience playing home games away from home; four of their home matches were moved to Ranchi in 2014 due to the dispute between Tamil Nadu Cricket Association and the local municipal corporation.

Back to the Q at the start, the annual Australian cricketers' wedding season got underway, with two of the nation’s leading batsmen taking advantage of a brief break in the jam-packed calendar to marry their respective partners over the weekend. Limited-overs star Aaron Finch, who had scheduled his wedding for under the impression the Indian Premier League season would start a week later than it has, married Amy Griffiths at a picturesque venue in country Victoria. Both Finch and close friend Glenn Maxwell, who was emcee of the wedding, missed that IPL side's season-opener when DD played KX1. 

Away, in Queensland Test No.3 Khawaja, fresh off returning from Australia's tour of South Africa, married Rachel McLellan in the Sunshine Coast.

With regards – S. Sampathkumar
11th Apr 2018.

Tuesday, April 10, 2018

Iceland bans palm oil products in super markets ~ Saving Orangutans


Do you know that one  species affected by palm oil production is the orangutan population. In some regions, oil palm cultivation has resulted in deforestation, leaving species that lived in virgin forest without a home. Some palm plantations have been developed without consulting local communities over the use of their land, or even caused them to be forcibly displaced.  The orangutans are three extant species of great apes native to Indonesia and Malaysia. Orangutans are currently only found in the rainforests of Borneo and Sumatra.
Pic credit : https://kids.nationalgeographic.com/

Palm oil is an edible vegetable oil derived from the mesocarp (reddish pulp) of the fruit of the oil palms, primarily the African oil palm Elaeis guineensis, and to a lesser extent from the American oil palm Elaeis oleifera and the maripa palm Attalea maripa.  Palm oil is naturally reddish in color because of a high beta-carotene content. Along with coconut oil, palm oil is one of the few highly saturated vegetable fats and is semisolid at room temperature.  Palm oil is a common cooking ingredient in the tropical belt of Africa, Southeast Asia and parts of Brazil.

In India, we have a different one – the ‘palmolein’.  The fad for this oil was so high a couple of decades ago, that the Govt. was importing them in bulk tankers and redistributing to households, who were using this oil moving away from dalda vanaspathi, groundnut oil, gingelly oil, bran oil and other cooking oils. Now refined oils like sunflower, olive, safflower, avocado have all taken over.  There were concerns that at any point time, the palmolein available in the market far exceed the quantity of oil that had been importing, hinting that there was heavy adulteration in this brand. 

Palm oil and palm olein originate from the same plant, a palm species known as E. Guineesis. Palmolein has different characteristics than the palm oil, most notably that it remains completely liquid at room temperature. It is highly heat resistant, similar to palm oil, and it also resists the formation of breakdown products during frying and increases the shelf life of many products. The Palm Olein Import Scam refers to the alleged irregularities in the import of palmolein by the K. Karunakaran-led United Democratic Front government of the state of Kerala,  through the Power and Energy Limited Company. The Kerala government selected Power and Energy Limited arbitrarily without inviting tenders, allegedly at an inflated price and at an excessive service charge and in violation of central and state government procedure and this scam was first brought to light officially by a report of the Accountant-General of Kerala in July 1993, a Comptroller and Auditor General report in February 1994, and subsequently by a report of the Public Undertakings Committee of the Kerala Legislative Assembly in March 1996.

Although palm oil and palm olein are produced from the same plant and share many similar properties, the main difference between them is their chemical state at room temperature. Lliquid palmolein is considered the "gold standard" and is the most widely used oil for frying in the world.  Now comes the news that Palm oil is to be removed from all own-label food sold by Iceland amid concerns over its impact on wildlife. The oil is used in a huge number of products on supermarket shelves ranging from bread to soap.

In some advanced countries, the demand against palm oil has come as it is voice against   the destruction of tropical rainforests across south-east Asia, which threatens the existence of  endangered orangutan in Indonesia.  The Deeside-based chain - the first major UK supermarket to ban palm oil - said it was used in more than half of its products, from biscuits to soap. Iceland said growing demand for the oil was devastating tropical rainforests across southeast Asia. The frozen food specialist said it was alerted to the environmental challenges that palm oil presented by campaigners at Greenpeace. The ban only applies to Iceland-brand products, meaning other products sold by the retailer may still contain palm oil.

Iceland managing director is quoted as saying that  there was "no such thing" as properly sustainable palm oil. Millions of acres of forests across Indonesia have been burned to make way for plantations producing palm oil. Orangutan populations have been particularly devastated by the resulting habitat destruction. Iceland has now vowed to remove all palm oil from its own-brand food by the end of 2018.

Interesting !

With regards – S. Sampathkumar
10th Apr 2018.



Apex Court on Insurer's liability - in case of Cover note !!


There is so much of traffic and on every city road, you see so many vehicles – so many varieties of them – and there are automobile accidents.  Recently the premium rates for Motor TP were revised (it was enhanced for some categories) and there was hue & cry that rates are going up !~ though Motor constitutes major % of the portfolio of most general Insurers – most of them get drowned by losses in this portfolio and again it is TP which gives them more losses.

In this month of April 2018, Supreme Court has decided on an appeal filed against  the judgment of Jan 2017  passed by the High Court of Judicature for Rajasthan, Jodhpur Bench, in CMA of 2001  which set aside the award of the Motor Accident Claims Tribunal granting compensation to the appellant at the instance of respondent Nos.2 and 3 (driver and owner of the offending vehicle, respectively) as also negatived the appellant's prayer for enhancement of the compensation amount.

The cause of action dates back to Feb 1990 when the appellant here was riding his motorcycle and was hit by a jeep.   The appellant subsequently filed an application before the Tribunal, Jodhpur, seeking compensation against the respondents, including the respondent No.1 insurance company.He claimed 40% permanent disability and 100% functional disability, contending that his primary livelihood of driving heavy transport vehicles (HTVs) had been curtailed on account of his amputation, and sought compensation to the tune of Rs. 11,17,000/.

While the owner and driver of the vehicle denied the accident and the involvement of the jeep in question, the Insurers contended that the cover note purportedly taken for the jeep in question was fraudulent. It stated that the  cover note had been given unauthorisedly by its then Development Officer, no  premium had been deposited with the company and no policy had been issued in that regard. Thus, the jeep was not validly insured.

In its judgment of Nov 2000, the Tribunal discussed the evidence on record in detail. The witnesses, who had taken the appellant to the hospital after the accident, deposed that after the accident, the jeep which caused the accident stopped ahead and they noted the jeep number in the backlight and further, they heard the driver's name being called out by the passengers in the jeep. The Tribunal, however, found that their version of having noted the jeep number and heard the driver's name seemed to be unnatural. The Tribunal, however, opined that the accident had been caused by the jeep in question, based on the investigation report filed by the police mentioning that when they seized the jeep after one month of the accident, the jeep bore a scratch on the mudguard of the tyre on the upper footboard on the left side.The Tribunal also relied on the charge sheet filed by the police.  The Tribunal then referred to the site map of the accident  to conclude that the appellant was riding his motorcycle one foot on wrong side from the middle of the road and hence, had contributed to the accident by being negligent.

The Tribunal  accepted the plea of the respondent Insurance company that the cover note as regard the offending jeep was fraudulent. The Tribunal accepted the evidence of witness DW4, the branch manager of the Insurer, that the company did not receive any premium under the relevant cover note and had not issued any insurance policy in that regard. DW 4 had deposed that the cover note was not deposited with the company.Further, the concerned development officer, whose signature was on the cover note, had been removed from the respondent No.1 insurance company but had in his possession certain cover notes, including the relevant cover note. DW 4 stated that no insurance policy was issued on the basis of the said cover note. The Tribunal then found that it was possible that the Development Officer had backdated the cover note and had not deposited the money for issuing a policy with the company. The Tribunal thus held that the vehicle was not insured by the company and, therefore, the company was not liable.

The Tribunal after calculations awarded Rs. 63,500/- to the appellant payable by the respondent Nos. 2 and 3 jointly. (i.e., owner and driver of the vehicle – exonerating the Insurers)

The appellant filed an appeal  for enhancement whereas respondent Nos. 2 and 3 (driver and owner of the jeep, respectively) challenged the Tribunal's award, before the High Court of Rajasthan, Jodhpur Bench. In its judgment dated 5th January, 2017, the High Court concluded that the Tribunal's findings were incorrect, unconvincing and not supported by evidence. Further, the Tribunal's reasoning, that it did not believe the oral evidence of the parties but had nevertheless answered the issue in favour of the claimant solely on the basis of the police report, on the ground that there was no reason not to believe the conclusion arrived at by the police, was flawed and incorrect.The High Court took the view that mere filing of a chargesheet, without any finding of conviction, was insufficient to prove negligence by respondent Nos. 2 and 3.  

The High Court finding fault with the statement of appellant too, set aside the Tribunal’s award and allowed the appeal filed by driver & Owner of the Jeep while dismissing the appeal of the two-wheeler rider (the injured person), who appealed to Supreme Court. 
The appellant’s counsel sought to prove the accident further stating that the  Tribunal's reliance on the site map to infer that the appellant was riding his motorcycle on the wrong side of the road was erroneous as the site map merely reflected the position of the motorcycle after the accident and not at the time of the accident. It was claimed that   the appellant suffered 40% permanent disability and 100% functional disability and on that basis, the Tribunal erred by not granting higher compensation to the appellant. It was further contended  that the courts below erred in absolving the respondent No.1 insurance company from its liability.

The counsel for respondent Nos.2 and 3 (driver of truck and owner) contended that the appellant did not have a valid driving licence at the time of the accident and was negligently driving on the wrong side of the road. Even the driving licence produced by the appellant was for a different class of vehicles and not for a motorcycle, which he was riding at the time of the accident.

What interests us  more is the  issue of whether the jeep was validly insured, the Insurer’s counsel contended  that the respondent No.3 owner took insurance for the jeep and even paid premium for the same and hence, any objection taken by the respondent No.3 insurance company that such insurance was fraudulently obtained, is untenable.  Apex Court placed reliance on the decision in New India Assurance Co. Ltd. Vs. Rula&Ors, to buttress this submission.  The Insurer’s contention was the vehicle was not insured by them and that an official who was not authorised had issued the cover note fraudulently.  It was further stated that  that the said official had backdated certain cover notes, for which he had been expelled from the company.

Apex Court stated :The moot question which arises for our consideration in these appeals is about the justness of the decision of the High Court in reversing the finding of fact recorded by the Tribunal on the factum of involvement of Jeep;   on the factum of negligence of the driver of the jeep.  The court held that going by the circumstances, the accident looked probable.  Pertinently, besides mentioning the description of the offending vehicle as a "jeep" they have also spoken about its colour (green) and that it was displaying the Congress Party flags and banners on the side of the jeep. In other words, their version limited to having noted the jeep number, has not been accepted.

Citing an earlier judgment where it was stated that the court should not succumb to niceties, technicalities and mystic maybes. We are emphasizing this aspect because we are often distressed by transport operators getting away with it thanks to judicial laxity, despite the fact that they do not exercise sufficient disciplinary control over the drivers in the matter of careful driving. We must remember that judicial tribunals are State organs and Article 41 of the Constitution lays the jurisprudential foundation for State relief against accidental disablement of citizens. There is no justification for niggardliness in compensation.  The Court held that the  Tribunal and the High Court have, therefore, gone into error in divesting the claimants of the compensation payable to them."

On the next Q of  whether the Tribunal was justified in concluding that the appellant was also negligent and had contributed equally – it was said that neither the Tribunal nor the High Court has found that the spot noted in the site map, one foot wrong side on the middle of the road was the spot where the accident actually occurred. However, the finding is that as per the site map, the motorcycle was found lying at that spot. That cannot be the basis to assume that the appellant was driving the motorcycle on the wrong side of the road at the relevant time.  The Hon’ble Court observed that -   we are inclined to hold that there is no tittle of evidence about the motorcycle being driven negligently by the appellant at the time of accident. The respondents did not produce any such evidence. That fact, therefore, cannot be assumed. Resultantly, the argument of the respondents that the appellant did not possess a valid motorcycle driving licence at the time of accident, will be of no significance. Thus, we hold that there is no legal evidence to answer the issue of contributory negligence against the appellant.

On the quantum of compensation, the Court besides various other parameters added future prospects stating that the Tribunal should have computed the loss of income on that basis. Additionally, the appellant because of amputation of his right leg would be forced to permanently use prosthetic leg during his life time. No provision has been made by the Tribunal in that regard. On these heads, the appellant is certainly entitled for enhanced compensation.

For Insurers, the most important Q was on the liability of Insurer especially when the  Tribunal has absolved the insurance company on the finding that no premium was received by the insurance company nor any insurance policy was ever issued by the insurance company in relation to the offending vehicle. The respondents no.2 and 3  relied on a Cover Note which according to respondent No.1 - Insurance Company was fraudulently obtained from the then Development Officer, who was later on sacked by respondent No.1 Insurance Company. The possibility of misuse of some cover notes lying with him could not be ruled out.

However,  the claim of respondent Nos.2 & 3 to the extent that they possessed a cover note issued by the then Development Officer of the Oriental Insurance Company (respondent No.1) will have to be accepted coupled with the fact that there is no positive evidence to indicate that the said Cover Note is ante-dated. The Hon’ble Court recorded that :Pertinently, the Cover Note has been issued by the then Development Officer at a point of time when he was still working with respondent No.1 Insurance Company.It must follow that the then Development Officer was acting on behalf of the Insurance Company, even though ‘sensu-stricto’ the respondent No.1 Insurance Company may not be liable to pay any compensation as no insurance policy has been issued in respect of the offending vehicle, much less a valid insurance policy. But for the Cover Note issued by the Development Officer of respondent No.1 Insurance Company at a point of time when he was still working with respondent No.1, to do substantial justice, we may invoke the principle of "pay and recover", as has  been enunciated by this Court in the case of National Insurance Co. Ltd. Vs. Swaran Singh &Ors.

                            Reverting to the calculation of compensation amount, taking the loss of monthly income due to permanent disability of 40%, the appellant will be entitled to Rs.2,25,792/[ Rs.840 per month (i.e. 40 % of Rs.2,100/) + 40% future prospects [as per Pranay Sethi (supra)] x 12 x 16, i.e. (840 + 336) x 12 x 16.  The Court summed the compensation as : Medical treatment after accident Rs.5000/- ; Motorcycle repair :Rs. 2,000/-;  Mental and physical problem :Rs. 20,000/- ; Loss of income due to 40% permanent disability :Rs. 2,25,792/-;  Cost of prosthetic leg :Rs. 25,000/- all totalling - Rs. 2,77,792/-   It was further decreed interest at the rate of 9% per annum from the date of filing of the claim application, till the date of realization.

Thus it was a ‘pay & recover’ award against the Insurer – though for them there was no premium received !  ~ for sure there are many learnings arising out of this judgment on internal controls and on conducting a similar case before the Courts.

With regards – S. Sampathkumar
PS: ~ the foregoing is excerpted from the recent judgment and does not purport to fully represent the contents of the judgements.  Possibly this is the view of the Insurer and there could be many more angles.  For full text read the judgement in Civil Appeal Nos.24992500 of 2018 arising out of SLP (Civil) Nos.2814142 of 2017 - Mangla Ram Vs. The Oriental Insurance Company Ltd. &Ors.

Monday, April 9, 2018

world's largest statue of China's first emperor Qin toppled


Qin's wars of unification were a series of military campaigns launched in the late 3rd century BC by the Qin state against the other six major states — Han, Zhao, Yan, Wei, Chu and Qi — within the territories that formed modern China. By the end of the wars in 221 BC, Qin had unified most of the states and occupied some lands south of the Yangtze River. The territories conquered by Qin served as the foundation of the Qin dynasty.

Qin Shi Huang (259 BC –  210 BC) was the founder of the Qin dynasty  and was the first emperor of a unified China. He became Zheng, the King of Qin when he was thirteen, then China's first emperor when he was 38 after the Qin had conquered all of the other Warring States and unified all of China in 221 BC.  He ruled as  First Emperor of the Qin dynasty from 220 to 210 BC.  During his reign, his generals greatly expanded the size of the Chinese state: campaigns south of Chu permanently added the Yue lands of Hunan and Guangdong to the Chinese cultural orbit.   

I have posted on this earlier too……. the culture of statues has a long history and is not new to Tamilnadu alone – and there have been some clashes arising out of issues involving statues, it is another colonial vestige.  At important road junctions, at landmark buildings – we have statues of leaders and others lying uncared for in a state of neglect.  There are statues in a row in the Marina beach with bird droppings and dirty looks.  In the northern State, one CM went berserk installing statues of party symbol and self and the opposition leader appealed to the Centre not to release funds to State fearing that they would create more statues. Originally, statues were installed to propagate the memory of great leaders, poets and visionaries of the Society and even in a place where rationalists question religion, there arose very many statues to leaders of importance. It was to instill in upcoming generations some knowledge and recalling of the glorious acts of the erstwhile leaders. It is unfortunate that instead of learning, sometimes they become the reason for public disturbance.  Statues – installing them is another vestige of colonial rule.  

If statues are symbols – felling them are symbolisms !!!.... ‘Ozymandias’  is a sonnet written by the English romantic poet Percy Bysshe Shelley.  In antiquity, Ozymandias was an alternative name for the Egyptian pharaoh Ramesses II.  The 7.25-ton fragment of the statue's head and torso had been removed in 1816 from the mortuary temple of Ramesses at Thebes by the Italian adventurer Giovanni Battista Belzoni.  Shelley wrote the poem in friendly competition with his friend and fellow poet Horace Smith who also wrote a sonnet on the topic. Both poems explore the fate of history and the ravages of time—that all prominent men and the empires they build are impermanent and their legacies fated to decay and oblivion.


MailOnline reports  that the acclaimed world's largest statue of China's first emperor toppled as a strong gale-force wind hit east China last Friday. The report states that the statue of Qin Shi Huang was detached from the pedestal and lifted in mid-air before hitting the floor some 33 feet away head first. There were no injuries reported in the incident.

Web users hinted the incident could be an advice to President Xi on his recent decision to rule for life. According to Central Chinese Television, the 62-foot-tall statue of Emperor Qin, also known as the First Emperor of China, collapsed at Qin Shi Huang Scenic Park in Binzhou, Shandong Province on April 6. The 'world's largest' Emperor Qin statue, weighs six tonnes, fell to the ground head first and the copper beads from the headpiece scattered around. The massive statue was hit with gusts reaching 46 miles per hour, of level 8 on Beaufort scale, stated in the report. The statue was erected 13 years ago as the scenic park opened in September 26, 2005.

Staff members called a forklift and a crane truck to remove the statue in the afternoon. Web users commented on Weibo, China's equivalent of Twitter, that the incident could be a warning to President Xi's recent decision to abolish presidential term limits. 'Perhaps Emperor Qin wants to tell us something about dictatorship!' said one while the other stated that - 'We should learn from our history, right?' However, some of the comments were filtered and not allowed to show online.

With regards – S. Sampathkumar
9th Apr 2018.

interesting IPL ~ team compositions, tosses, probabilities and fumbles !!


Watching a Test match at Chepauk was charming in every manner ~ in those days of no or little TV coverage (remember that in 1970s – there would be only one camera – one angle – bowler running away and in the next coming towards you) – the whole stadium would erupt – then one could sight the two white-coated gentleman starting their walk to the middle ~ thousands would wait with bated breathe as the coin would be tossed .. .. and theories would galore on who has won – and what would be the decision (remember again, those were the days, when TV would not  relay the actual toss !) .. anyway tossing a coin is symbolic and – is hard to predict !!

Today at Uppal, Hyderabad, Sun Risers skipper Kane Williamson won the toss – Ajinkya Rahane called incorrectly. In this edition of IPL, thus far, Teams have tended to bat first, and also  because no 150-plus target has been chased down in the last three IPL seasons in Hyderabad. Sunrisers preferred an overseas fast bowler in Billy Stanlake in place of England batsman Alex Hales.

As usual it is coin toss (actually it not as so usual with other Tests & ODIs – IPL is always different!) – when a coin is tossed up, it has come down and rest on one side – be it ‘Heads or Tails’ – the possible outcomes are 2 and the probability of a Head is ½ or 50%.  It is the simple probability theory and this  way of looking at probability is called the relative frequency estimate of a probability.  If you are walk out as a Captain and call it – say Heads 10 times, it may not always be 5 wins – but perhaps, the more you flip the coin, the closer you get to 0.5.  The Diaconis - Holmes - Montgomery paper Dynamical bias in the coin toss suggests that in coin-tossing there is a particular ``dynamical bias" that causes a coin to be slightly more likely to land the same way up as it started.

Some are more successful than others ~ in way it is always the Visiting Captain, who wins or loses – for the Home team captain tosses the coin, while the Visiting Capt calls (recall Kumara Sangakkara claiming that he forgot to call in the finals of WC 2011 and there was a retoss !!).  When England toured India in 1963, Mansur Ali Khan Pataudi won all the 5 tosses.  Between 1959 to 1961 England (captained by PB May and MC Cowdrey) won 12 continuous tosses.

India won their first ever badminton gold in the mixed team category at the Commonwealth Games, after securing a 3-1 victory over Malaysia in Gold Coast. Satwik Sairaj Rankireddy and Ashwini Ponnappa gave India a strong start, clinching the mixed-doubles rubber with a 21-14, 14-21, 21-15 win against Peng Soon Chan and Liu Ying Goh. Srikanth built on that strong start by defeating Lee Chong Wei in straight games, and though the men's doubles pair of Chirag Shetty and Ranki Reddy lost their match, Saina Nehwal ensured India would bring home their elusive gold medal after beating Soniia Cheah 21-11, 19-21, 21-9. The tone was set by Srikanth's 21-17, 21-14 win over Lee Chong Wei in 43 minutes. "Today was one of those days when everything went fantastic," Srikanth said after the win.

~ to some, it could be news that it is a brand new gold coin specially minted, used for the toss in IPL. 

Black Caps captain Kane Williamson has reached out to disgraced Australian opener David Warner in the aftermath of the ball tampering scandal which has rocked the sport the past week.  Willaimson standing in for David Warner made his Captain debut in IPL.  In an International Match, the playing X1 gets decided more or less by the balance ~ say Openers, 4 batsmen, wicketkeeper and 4 bowlers (say 2 spinners and 2 pacers) ~ only a couple of places could get decided in the last minute – these are tough decisions, last minute decisions known only after the toss.  In Cricket, there is the practice of handing over a slip containing the names of the players to the opposite Captain before the toss. For deciding the playing eleven and in deciding the team balance, the team selection committee would spend hours to debate on players; the Captain in most times would have his choice too.

So after losing the toss, Ajinkya Rahana was asked his team composition – in IPL, it is but regular to name their foreign players (as there is a cap of 4)  - it is  Ben Stokes, Jos Buttler, D'Arcy Short, Ben Laughlin for Rajasthan Royals.  When Danny Morrison asked fellow team-mate Williamson, he said – Rashid Khan, the tall Billy Stanlake, Myself and .. and .. and .. somebody – he sought the help of Rahane, who muttered Shakib Al Hasan.  So much so – knowing the team.  Not out of place to point out that yesterday KKR Dinesh Karthik too fumbled and said, am new to Captaincy and it is difficult remembering names ! ~ is that really tough ??  .. ..and there is the game of reality where thousands daily pick their teams and predict star performers in every match to win points and play a virtual game !!

With regards –          S. Sampathkumar
9th Apr 2018 @ 21:00 hrs.




Sunday, April 8, 2018

violations ~ social media shaming ~ presence on web ??



What sort of presence you have on the web   and how much on social media ? – do you spend time on  Social media  :   Instagram, Whatsapp, Facebook, Twitter  and the like ? – should the Q be – are you addicted and how many hours do you spend on them ?.. .. .. .. .. .. but before all that, check what your Company .. .. .. A social media policy is a corporate code of conduct that provides guidelines for employees who post content on the Internet either as part of their job or as a private person.

In our place too, we have seen how chaotic situations are ~ especially when people walk or cross roads or drive vehicles – mostly hooked to mobile, they are unmindful of the potential danger that lays awaiting or more bad, the harm they could cause to other road users by their reckless act.  Every time we see someone on road with neck bent – catching a mobile handset between ear, neck and shoulder.  China reportedly is no better - Crossing the street in China can often have nothing to do with whether a light is red or green. Instead, people crowd onto the kerb until it reaches critical mass, and off they go -- traffic or no traffic. In order to solve the jaywalking problem, police in one region of the country of 1.4 billion people have come up with a solution: social media shaming.

Police in the southern city of Guangzhou, China, recently set up a testing site at a traffic intersection near a subway station, the local Guangzhou Daily newspaper reported. Pedestrians who crossed the street without a green light would be stopped and asked to post their misdemeanour on popular Chinese social media platform, WeChat, according to the paper. Offenders have to write up the details of how they broke the traffic rule, along with a picture, and the hashtag “Start from me to follow the traffic rule," according to Guangzhou Daily. Police will let the offenders go once they share the post to 10 chat groups, or gather at least 20 likes, Chinese media reported. Offenders can instead choose to watch a three-minute long educational video in front of an LED TV screen police set up by the side of the street, according to the reports.

A similar exercise in creating awareness for ‘helmet wearing’ was made by Chennai Police where they tried shaming those caught not wearing helmets.  The purpose was to educate and make them aware the need for compliance.

Away,  since November there were two cases of the Dutch police removing photos or videos from their social media feeds after complaints about privacy violations, Minister of Justice and Security said in response to parliamentary questions on the police's social media policy, NU.nl reports. The police regularly post self-made photos and videos on social media with the intention of giving people more insight into police work. But these images are not allowed to show anything that can be traced directly or indirectly to a person. In November last year the police placed a form on its website with which people can object if they believe they've been misrepresented in one of these photos or videos.

In  USA, in Oct 2017, cyclist JuliBriskman was photographed giving the middle finger to President Donald Trump's motorcade during a weekend bike ride in Virginia. The photo quickly went viral, and after it was taken, Briskman informed her employer, government contractor Akima, that she was the cyclist pictured. The next day, she was fired.  Now comes the news that Briskman is suing Akima.

"I filed this lawsuit against my former employer today because I believe that Americans should not be forced to choose between their principles and their paychecks," says the 50-year-old single mother of two in a statement shared with CNBC Make It.  At the time of the event, Akima said that Briskman was forced to resign because she was in violation of the company's social media policy for sharing the photo on her Facebook and Twitter accounts.  For the public act of shame, the Company response was swift and not altogether unexpected.

The woman further contended that it was surprising as  she had reported a male colleague — whose Facebook cover photo featured a reference to the company — for calling a coworker a "f-----g Libtard a-----e" during a discussion about Black Lives Matter on Facebook. The man, a senior director of operations, was not fired.  Briskman's suit argues "that it violates Virginia employment law for a government contractor to fire an employee out of fear of unlawful government retaliation."

It is chaotic out there  !

With regards – S. Sampathkumar
8th Apr 2018.