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KIRTI & ANR ETC v. ORIENTAL INSURANCE COMPANY LTD
SUPREME COURT OF INDIA

These civil appeals, which have been heard through video conferencing, have been filed by three surviving dependents (who are two minor daughters and father) of the two deceased, impugning the judgment dated 17.07.2017 of the High Court of Delhi through which motor accident compensation of Rs 40.71 lakhs awarded by the Motor Accident Claims Tribunal, Rohini (hereinafter, "Tribunal") on 24.12.2016 under Section 168 of the Motor Vehicle Act, 1988 ("MV Act"), was reduced to Rs 22 lakhs.

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Article Highlights

English text of Federal Constitution prevails until Agong says otherwise, Putrajaya tells courts

The English version of the Federal Constitution is the nation’s authoritative legal document until the Yang di-Pertuan Agong declares otherwise, Putrajaya has asserted in its official defence against a lawsuit seeking to elevate the Bahasa Melayu version.

The government stated that the Agong has not yet prescribed the Bahasa Melayu text as supreme under Article 160B of the constitution, which allows for such a declaration to be made, Free Malaysia Today reported.

It cited two landmark Federal Court rulings in the cases of Indira Gandhi and Loh Siew Hong as binding precedents that have already settled the matter.

“The English version of the constitution is the one that prevails,” the government said in its statement of defence.


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Former Federal Court judge Nallini Pathmanathan: Lawyers should do more ‘pro bono’ work so more Malaysians can access justice

Lawyers should be encouraged to do free legal work to help Malaysians who cannot afford legal fees get access to justice, former Federal Court judge Tan Sri Nallini Pathmanathan said. She highlighted the importance of legal aid for those who face financial challenges in going to the courts. “That’s a hurdle, that’s why legal aid comes in, a lot of lawyers do work pro bono, and all of that should be encouraged greatly,” she said in a recent interview with Malay Mail. In her August 2021 paper titled “Access to Justice in the Time of Covid-19 Pandemic from the Judiciary’s Perspective”, she highlighted how there are certain groups who cannot afford to hire a private lawyer but also do not qualify to receive free legal aid from the government or Malaysian Bar.

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