National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
Perceiving cleavage of opinion between Reshma Kumari and others v. Madan Mohan and another1 and Rajesh and others v. Rajbir Singh and others2, both three-Judge Bench decisions, a two-Judge Bench of this Court in National Insurance Company Limited v. Pushpa and others3 thought it appropriate to refer the matter to a larger Bench for an authoritative pronouncement, and that is how the matters have been placed before us.
2. In the course of deliberation we will be required to travel backwards covering a span of two decades and three years and may be slightly more and thereafter focus on the axis of the controversy, that is, the decision in Sarla Verma and others v. Delhi Transport Corporation and another4 wherein the two- Judge Bench made a sanguine endeavour to simplify the determination of claims by specifying certain parameters.
"46. In the Indian context several other factors should be taken into consideration including education of the dependants and the nature of job. In the wake of changed societal conditions and global scenario, future prospects may have to be taken into consideration not only having regard to the status of the employee, his educational qualification; his past performance but also other relevant factors, namely, the higher salaries and perks which are being offered by the private companies these days. In fact while determining the multiplicand this Court in Oriental Insurance Co. Ltd. v. Jashuben 10 held that even dearness allowance and perks with regard thereto from which the family would have derived monthly benefit, must be taken into consideration.
48. A large number of English decisions have been placed before us by Mr Nanda to contend that inflation may not be taken into consideration at all. While the reasonings adopted by the English courts and its decisions may not be of much dispute, we cannot blindly follow the same ignoring ground realities. 49. We have noticed the precedents operating in the field as also the rival contentions raised before us by the learned counsel for the parties with a view to show that law is required to be laid down in clearer terms."
"(1) Whether the multiplier specified in the Second Schedule appended to the Act should be scrupulously applied in all the cases?
(2) Whether for determination of the multiplicand, the Act provides for any criterion, particularly as regards determination of future prospects?"
"58. We are not unmindful of the Statement of Objects and Reasons to Act 54 of 1994 for introducing Section 163-A so as to provide for a new predetermined formula for payment of compensation to road accident victims on the basis of age/income, which is more liberal and rational. That may be so, but it defies logic as to why in a similar situation, the injured claimant or his heirs/legal representatives, in the case of death, on proof of negligence on the part of the driver of a motor vehicle would get a lesser amount than the one specified in the Second Schedule. The courts, in our opinion, should also bear that factor in mind."
"17. The situation has now undergone a change with the enactment of the Motor Vehicles Act, 1988, as amended by Amendment Act 54 of 1994. The most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of Sections 163-A and 163-B in Chapter XI entitled 'Insurance of motor vehicles against third-party risks'.
Section 163-A begins with a non obstante clause and provides for payment of compensation, as indicated in the Second Schedule, to the legal representatives of the deceased or injured, as the case may be. Now if we turn to the Second Schedule, we find a Table fixing the mode of calculation of compensation for thirdparty accident injury claims arising out of fatal accidents. The first column gives the age group of the victims of accident, the second column indicates the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of the deceased victim. According to this Table the multiplier varies from 5 to 18 depending on the age group to which the victim belonged. Thus, under this Schedule the maximum multiplier can be up to 18 and not 16 as was held in Susamma Thomas case.
18. We must at once point out that the calculation of compensation and the amount worked out in the Schedule suffer from several defects. For example, in Item 1 for a victim aged 15 years, the multiplier is shown to be 15 years and the multiplicand is shown to be Rs 3000. The total should be 3000 � 15 = 45,000 but the same is worked out at Rs 60,000. Similarly, in the second item the multiplier is 16 and the annual income is Rs 9000; the total should have been Rs 1,44,000 but is shown to be Rs 1,71,000. To put it briefly, the Table abounds in such mistakes. Neither the tribunals nor the courts can go by the ready reckoner.
It can only be used as a guide. Besides, the selection of multiplier cannot in all cases be solely dependent on the age of the deceased. For example, if the deceased, a bachelor, dies at the age of 45 and his dependants are his parents, age of the parents would also be relevant in the choice of the multiplier. But these mistakes are limited to actual calculations only and not in respect of other items. What we propose to emphasise is that the multiplier cannot exceed 18 years' purchase factor. This is the improvement over the earlier position that ordinarily it should not exceed 16.
8. The Court also referred to Supe Dei v. National Insurance Company Limited13 wherein it has been opined that the position is well settled that the Second Schedule under Section 163-A to the Act which gives the amount of compensation to be determined for the purpose of claim under the section can be taken as a guideline while determining the compensation under Section 166 of the Act.
9. After so observing, the Court also noted the authorities in United India Insurance Co. Ltd v. Patricia Jean Mahajan14, Deepal Girishbhai Soni v. United India Insurance Co. Ltd.15, and Jashuben (supra). It is perceivable from the pronouncement by the three-Judge Bench that it has referred to Sarla Verma and observed that the said decision reiterated what had been stated in earlier decisions that the principles relating to determination of liability and quantum of compensation were different for claims made under Section 163-A and claims made under Section 166. It was further observed that Section 163-A and the Second Schedule in terms did not apply to determination of compensation in applications under Section 166.
"42. We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the Table above (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years); reduced by one unit for every five years, that is, M-17 for 26 to 30 years, M- 16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years."
11. After elaborately analyzing what has been stated in Sarla Verma (supra), the three-Judge Bench referred to the language employed in Section 168 of the Act which uses the expression "just". Elucidating the said term, the Court held that it conveys that the amount so determined is fair, reasonable and equitable by accepted legal standard and not on forensic lottery.
12. And further:- "It is high time that we move to a standard method of selection of multiplier, income for future prospects and deduction for personal and living expenses. The courts in some of the overseas jurisdictions have made this advance. It is for these reasons, we think we must approve the Table in Sarla Verma for the selection of multiplier in claim applications made under Section 166 in the cases of death. We do accordingly. If for the selection of multiplier, Column (4) of the Table in Sarla Verma is followed, there is no likelihood of the claimants who have chosen to apply under Section 166 being awarded lesser amount on proof of negligence on the part of the driver of the motor vehicle than those who prefer to apply under Section 163-A.
As regards the cases where the age of the victim happens to be up to 15 years, we are of the considered opinion that in such cases irrespective of Section 163-A or Section 166 under which the claim for compensation has been made, multiplier of 15 and the assessment as indicated in the Second Schedule subject to correction as pointed out in Column (6) of the Table in Sarla Verma should be followed. This is to ensure that the claimants in such cases are not awarded lesser amount when the application is made under Section 166 of the 1988 Act. In all other cases of death where the application has been made under Section 166, the multiplier as indicated in Column (4) of the Table in Sarla Verma should be followed." This is how the first question the Court had posed stood answered.
"39. The standardisation of addition to income for future prospects shall help in achieving certainty in arriving at appropriate compensation. We approve the method that an addition of 50% of actual salary be made to the actual salary income of the deceased towards future prospects where the deceased had a permanent job and was below 40 years and the addition should be only 30% if the age of the deceased was 40 to 50 years and no addition should be made where the age of the deceased is more than 50 years.
Where the annual income is in the taxable range, the actual salary shall mean actual salary less tax. In the cases where the deceased was selfemployed or was on a fixed salary without provision for annual increments, the actual income at the time of death without any addition to income for future prospects will be appropriate. A departure from the above principle can only be justified in extraordinary circumstances and very exceptional cases." The aforesaid analysis vividly exposits that standardization of addition to income for future prospects is helpful in achieving certainty in arriving at appropriate compensation. Thus, the larger Bench has concurred with the view expressed by Sarla Verma (supra) as per the determination of future income.
14. It is interesting to note here that while the reference was pending, the judgment in Santosh Devi v. National Insurance Company Limited and others18 was delivered by a two-Judge Bench which commented on the principle stated in Sarla Verma.
"14. We find it extremely difficult to fathom any rationale for the observation made in para 24 of the judgment in Sarla Verma case that where the deceased was self-employed or was on a fixed salary without provision for annual increment, etc. the courts will usually take only the actual income at the time of death and a departure from this rule should be made only in rare and exceptional cases involving special circumstances.
In our view, it will be na�ve to say that the wages or total emoluments/income of a person who is selfemployed or who is employed on a fixed salary without provision for annual increment, etc. would remain the same throughout his life.
17. Although the wages/income of those employed in unorganised sectors has not registered a corresponding increase and has not kept pace with the increase in the salaries of the government employees and those employed in private sectors, but it cannot be denied that there has been incremental enhancement in the income of those who are self-employed and even those engaged on daily basis, monthly basis or even seasonal basis.
We can take judicial notice of the fact that with a view to meet the challenges posed by high cost of living, the persons falling in the latter category periodically increase the cost of their labour. In this context, it may be useful to give an example of a tailor who earns his livelihood by stitching clothes. If the cost of living increases and the prices of essentials go up, it is but natural for him to increase the cost of his labour. So will be the cases of ordinary skilled and unskilled labour like barber, blacksmith, cobbler, mason, etc.
18. Therefore, we do not think that while making the observations in the last three lines of para 24 of Sarla Verma judgment, the Court had intended to lay down an absolute rule that there will be no addition in the income of a person who is selfemployed or who is paid fixed wages. Rather, it would be reasonable to say that a person who is self-employed or is engaged on fixed wages will also get 30% increase in his total income over a period of time and if he/she becomes victim of an accident then the same formula deserves to be applied for calculating the amount of compensation."
15. The aforesaid analysis in Santosh Devi (supra) may prima facie show that the two-Judge Bench has distinguished the observation made in Sarla Verma's case but on a studied scrutiny, it becomes clear that it has really expressed a different view than what has been laid down in Sarla Verma (supra). If we permit ourselves to say so, the different view has been expressed in a distinctive tone, for the two-Judge Bench had stated that it was extremely difficult to fathom any rationale for the observations made in para 24 of the judgment in Sarla Verma's case in respect of self-employed or a person on fixed salary without provision for annual increment, etc.
This is a clear disagreement with the earlier view, and we have no hesitation in saying that it is absolutely impermissible keeping in view the concept of binding precedents. 16. Presently, we may refer to certain decisions which deal with the concept of binding precedent.
17. In State of Bihar v. Kalika Kuer alias Kalika Singh and others19, it has been held:- "10. ... an earlier decision may seem to be incorrect to a Bench of a coordinate jurisdiction considering the question later, on the ground that a possible aspect of the matter was not considered or not raised before the court or more aspects should have been gone into by the court deciding the matter earlier but it would not be a reason to say that the 19 (2003) 5 SCC 448 16 decision was rendered per incuriam and liable to be ignored. The earlier judgment may seem to be not correct yet it will have the binding effect on the later Bench of coordinate jurisdiction. ..."
"10. ... Easy course of saying that earlier decision was rendered per incuriam is not permissible and the matter will have to be resolved only in two ways - either to follow the earlier decision or refer the matter to a larger Bench to examine the issue, in case it is felt that earlier decision is not correct on merits."
18. In G.L. Batra v. State of Haryana and others20, the Court has accepted the said principle on the basis of judgments of this Court rendered in Union of India v. Godfrey Philips India Ltd. , Sundarjas Kanyalal Bhatija v. Collector, Thane, Maharashtra22 and Tribhovandas Purshottamdas Thakkar v. Ratilal Motilal Patel 23 .
It may be noted here that the Constitution Bench in Madras Bar Association v. Union of India and another has clearly stated that the prior Constitution Bench judgment in Union of India v. Madras Bar Association25 is a binding precedent. Be it clarified, the issues that were put to rest in the earlier Constitution Bench judgment were treated as precedents by latter Constitution Bench.
"11. Law will be bereft of all its utility if it should be thrown into a state of uncertainty by reason of conflicting decisions, and it is therefore desirable that in case of difference of opinion, the question should be authoritatively settled. It sometimes happens that an earlier decision given by a Bench is not brought to the notice of a Bench hearing the same question, and a contrary decision is given without reference to the earlier decision. The question has also been discussed as to the correct procedure to be followed when two such conflicting decisions are placed before a later Bench.
The practice in the Patna High Court appears to be that in those cases, the earlier decision is followed and not the later. In England the practice is, as noticed in the judgment in Seshamma v. Venkata Narasimharao that the decision of a court of appeal is considered as a general rule to be binding on it. There are exceptions to it, and one of them is thus stated in Halsbury's Laws of England, 3rd Edn., Vol. 22, para 1687, pp. 799-800: "The court is not bound to follow a decision of its own if given per incuriam. A decision is given per incuriam when the court has acted in ignorance of a previous decision of its own or of a Court of a co-ordinate jurisdiction which covered the case before it, or when it has acted in ignorance of a decision of the House of Lords. In the former case it must decide which decision to follow, and in the latter it is bound by the decision of the House of Lords."
In Virayya v. Venkata Subbayya it has been held by the Andhra High Court that under the circumstances aforesaid the Bench is free to adopt that view which is in accordance with justice and legal principles after taking into consideration the views expressed in the two conflicting Benches, vide also the decision of the Nagpur High Court in Bilimoria v. Central Bank of India. The better course would be for the Bench hearing the case to refer the matter to a Full Bench in view of the conflicting authorities without taking upon itself to decide whether it should follow the one Bench decision or the other. We have no doubt that when such situations arise, the Bench hearing cases would refer the matter for the decision of a Full Court."
"6. ... In our view, judicial discipline and propriety demands that a Bench of two learned Judges should follow a decision of a Bench of three learned Judges. But if a Bench of two learned Judges concludes that an earlier judgment of three learned Judges is so very incorrect that in no circumstances can it be followed, the proper course for it to adopt is to refer the matter before it to a Bench of three learned Judges setting out, as has been done here, the reasons why it could not agree with the earlier judgment. ..."
"22. ... The doctrine of binding precedent is of utmost importance in the administration of our judicial system. It promotes certainty and consistency in judicial decisions. Judicial consistency promotes confidence in the system, therefore, there is this need for consistency in the enunciation of legal principles in the decisions of this Court.
It is in the above context, this Court in the case of Raghubir Singh29 held that a pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or smaller number of Judges. ..."
23. Be it noted, Chandra Prakash concurred with the view expressed in Raghubir Singh and Pradip Chandra Parija. In Sandhya Educational Society and another v. Union of India and others , it has been observed that judicial decorum and discipline is paramount and, therefore, a coordinate Bench has to respect the judgments and orders passed by another coordinate Bench. In Rattiram and others v. State of Madhya Pradesh31, the Court dwelt upon the issue what would be the consequent effect of the latter decision which had been rendered without noticing the earlier decisions.
The Court noted the observations in Raghubir Singh (supra) and reproduced a passage from Indian Oil Corporation Ltd. v. Municipal Corporation32 which is to the following effect:- "8. ... The Division Bench of the High Court in Municipal Corpn., Indore v. Ratnaprabha Dhanda was clearly in error in taking the view that the decision of this Court in Ratnaprabha was not binding on it. In doing so, the Division Bench of the High Court did something which even a later coequal Bench of this Court did not and could not do. ..."
"28. We are of opinion that a pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or a smaller number of Judges, and in order that such decision be binding, 30 (2014) it is not necessary that it should be a decision rendered by the Full Court or a Constitution Bench of the Court. ..."
"8. Since, the Court in Santosh Devi case actually intended to follow the principle in the case of salaried persons as laid down in Sarla Verma case and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects.
Needless to say that the actual income should be income after paying the tax, if any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years.
9. In Sarla Verma case, it has been stated that in the case of those above 50 years, there shall be no addition. Having regard to the fact that in the case of those self-employed or on fixed wages, where there is normally no age of superannuation, we are of the view that it will only be just and equitable to provide an addition of 15% in the case where the victim is between the age group of 50 to 60 years so 22 as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter."
27. At this juncture, it is necessitous to advert to another three- Judge Bench decision in Munna Lal Jain and another v. Vipin Kumar Sharma and others . In the said case, the three-Judge Bench commenting on the judgments stated thus:- "2. In the absence of any statutory and a straitjacket formula, there are bound to be grey areas despite several attempts made by this Court to lay down the guidelines. Compensation would basically depend on the evidence available in a case and the formulas shown by the courts are only guidelines for the computation of the compensation. That precisely is the reason the courts lodge a caveat stating "ordinarily", "normally", "exceptional circumstances", etc., while suggesting the formula."
28. After so stating, the Court followed the principle stated in Rajesh. We think it appropriate to reproduce what has been stated by the three-Judge Bench:- "10. As far as future prospects are concerned, in Rajesh v. Rajbir Singh, a three-Judge Bench of this Court held that in case of self-employed persons also, if the deceased victim is below 40 years, there must be addition of 50% to the actual income of the deceased while computing future prospects."
29. We are compelled to state here that in Munna Lal Jain (supra), the three-Judge Bench should have been guided by the 33 (2015) 6 SCC 347 23 principle stated in Reshma Kumari which has concurred with the view expressed in Sarla Devi or in case of disagreement, it should have been well advised to refer the case to a larger Bench. We say so, as we have already expressed the opinion that the dicta laid down in Reshma Kumari being earlier in point of time would be a binding precedent and not the decision in Rajesh.
30. In this context, we may also refer to Sundeep Kumar Bafna v. State of Maharashtra and another34 which correctly lays down the principle that discipline demanded by a precedent or the disqualification or diminution of a decision on the application of the per incuriam rule is of great importance, since without it, certainty of law, consistency of rulings and comity of courts would become a costly casualty. A decision or judgment can be per incuriam any provision in a statute, rule or regulation, which was not brought to the notice of the court.
A decision or judgment can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a coequal or larger Bench. There can be no scintilla of doubt that an earlier decision of co-equal Bench binds the Bench of same strength. Though the judgment in Rajesh's case was delivered on a later date, it had not apprised itself of the law stated in Reshma Kumari (supra) but had been guided by Santosh Devi (supra). We have no hesitation that it is not a binding precedent on the co-equal Bench.
31. At this stage, a detailed analysis of Sarla Verma (supra) is necessary. In the said case, the Court recapitulated the relevant principles relating to assessment of compensation in case of death and also took note of the fact that there had been considerable variation and inconsistency in the decision for Courts and Tribunals on account of adopting the method stated in Nance v. British Columbia Electric Railway Co. Ltd. and the method in Davies v. Powell Duffryn Associated Collieries Ltd.
"15. We thought it necessary to reiterate the method of working out 'just' compensation because, of late, we have noticed from the awards made by tribunals and courts that the principle on which the multiplier method was developed has been lost sight of and once again a hybrid method based on the subjectivity of the Tribunal/court has surfaced, introducing uncertainty and lack of reasonable uniformity in the matter of determination of compensation. It must be realised that the Tribunal/court has to determine a fair amount of compensation awardable to the victim of an accident which must be proportionate to the injury caused. ..."
32. While adverting to the addition of income for future prospects, it stated thus:- "24. In Susamma Thomas this Court increased the income by nearly 100%, in Sarla Dixit the income was increased only by 50% and in Abati Bezbaruah the income was increased by a mere 7%. In view of the imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and was below 40 years. (Where the annual income is in the taxable range, the words "actual salary" should be read as "actual salary less tax"). The addition should be 26 only 30% if the age of the deceased was 40 to 50 years.
There should be no addition, where the age of the deceased is more than 50 years. Though the evidence may indicate a different percentage of increase, it is necessary to standardise the addition to avoid different yardsticks being applied or different methods of calculation being adopted. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.), the courts will usually take only the actual income at the time of death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances."
33. Though we have devoted some space in analyzing the precedential value of the judgments, that is not the thrust of the controversy. We are required to keenly dwell upon the heart of the issue that emerges for consideration. The seminal controversy before us relates to the issue where the deceased was self-employed or was a person on fixed salary without provision for annual increment, etc., what should be the addition as regards the future prospects. In Sarla Verma, the Court has made it as a rule that 50% of actual salary could be added if the deceased had a permanent job and if the age of the deceased is between 40 - 50 years and no addition to be made if the deceased was more than 50 years.
It is further ruled that where deceased was self-employed or had a fixed salary (without provision for annual increment, etc.) the Courts will usually take only the actual income at the time of death and the departure is permissible only in rare and exceptional cases involving special circumstances.
35. The submission, as has been advanced on behalf of the insurers, is that the distinction between the stable jobs at one end of the spectrum and self-employed at the other end of the spectrum with the benefit of future prospects being extended to the legal representatives of the deceased having a permanent job is not difficult to visualize, for a comparison between the two categories is a necessary ground reality. It is contended that guaranteed/definite income every month has to be treated with a different parameter than the person who is self-employed inasmuch as the income does not remain constant and is likely to oscillate from time to time.
Emphasis has been laid on the date of expected superannuation and certainty in permanent job in contradistinction to the uncertainty on the part of a selfemployed person. Additionally, it is contended that the permanent jobs are generally stable and for an assessment the entity or the establishment where the deceased worked is identifiable since they do not suffer from the inconsistencies and vagaries of self-employed persons. It is canvassed that it may not be possible to introduce an element of standardization as submitted by the claimants because there are many a category in which a person can be self-employed and it is extremely difficult to assimilate entire range of self-employed categories or professionals in one compartment.
It is also asserted that in certain professions addition of future prospects to the income as a part of multiplicand would be totally an unacceptable concept. Examples are cited in respect of categories of professionals who are surgeons, sports persons, masons and carpenters, etc. It is also highlighted that the range of self-employed persons can include unskilled labourer to a skilled person and hence, they cannot be put in a holistic whole. That apart, it is propounded that experience of certain professionals brings in disparity in income and, therefore, the view expressed in Sarla Verma (supra) that has been concurred with Reshma Kumari (supra) should not be disturbed.
37. On behalf of the claimants, emphasis is laid on the concept of "just compensation" and what should be included within the ambit of "just compensation". Learned counsel have emphasized on Davies method and urged that the grant of pecuniary advantage is bound to be included in the future pecuniary benefit.
It has also been put forth that in right to receive just compensation under the statute, when the method of standardization has been conceived and applied, there cannot be any discrimination between the person salaried or self-employed. It is highlighted that if evidence is not required to be adduced in 30 one category of cases, there is no necessity to compel the other category to adduce evidence to establish the foundation for addition of future prospects.
38. Stress is laid on reasonable expectation of pecuniary benefits relying on the decisions in Tafe Vale Railway Co. (supra) and the judgment of Singapore High Court in Nirumalan V Kanapathi Pillay v. Teo Eng Chuan. Lastly, it is urged that the standardization formula for awarding future income should be applied to self-employed persons and that would be a justifiable measure for computation of loss of dependency.
"30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra4, the general practice is to apply standardised deductions. Having considered several subsequent decisions of this 37 (2003) 3 SLR (R) 601 31 Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceeds six.
32. Thus even if the deceased is survived by parents and siblings, only the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of younger nonearning sisters or brothers, his personal and living expenses may be restricted to one-third and contribution to the family will be taken as two-third."
40. In Reshma Kumari, the three-Judge Bench agreed with the multiplier determined in Sarla Verma and eventually held that the advantage of the Table prepared in Sarla Verma is that uniformity and consistency in selection of multiplier can be achieved.
"35. ... The assessment of extent of dependency depends on examination of the unique situation of the individual case. Valuing the dependency or the multiplicand is to some extent an arithmetical exercise. The multiplicand is normally based on the net annual value of the dependency on the date of the deceased's death. Once the net annual loss (multiplicand) is assessed, taking into account the age of the deceased, such amount is to be multiplied by a "multiplier" to arrive at the loss of dependency."
"41. The above does provide guidance for the appropriate deduction for personal and living expenses. One must bear in mind that the proportion of a man's net earnings that he saves or spends exclusively for the maintenance of others does not form part of his living expenses but what he spends exclusively on himself does. The percentage of deduction on account of personal and living expenses may vary with reference to the number of dependent members in the family and the personal living expenses of the deceased need not exactly correspond to the number of dependants.
42. In our view, the standards fixed by this Court in Sarla Verma on the aspect of deduction for personal living expenses in paras 30, 31 and 32 must ordinarily be followed unless a case for departure in the circumstances noted in the preceding paragraph is made out."
"43.1. In the applications for compensation made under Section 166 of the 1988 Act in death cases where the age of the deceased is 15 years and above, the Claims Tribunals shall select the multiplier as indicated in Column (4) of the Table prepared in Sarla Verma read with para 42 of that judgment.
43.4. The Claims Tribunals shall follow the steps and guidelines stated in para 19 of Sarla Verma for determination of compensation in cases of death. 43.5. While making addition to income for future prospects, the Tribunals shall follow para 24 of the judgment in Sarla Verma. 43.6. Insofar as deduction for personal and living expenses is concerned, it is directed that the Tribunals shall ordinarily follow the standards prescribed in paras 30, 31 and 32 of the judgment in Sarla Verma 34 subject to the observations made by us in para 41 above."
"42. We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M-17 for 26 to 30 years, M- 16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years."
45. In Reshma Kumari, the aforesaid has been approved by stating, thus:- "It is high time that we move to a standard method of selection of multiplier, income for future prospects and deduction for personal and living expenses. The courts in some of the overseas jurisdictions have made this advance. It is for these reasons, we think we must approve the Table in Sarla Verma for the selection of multiplier in claim applications made under Section 166 in the cases of death.
We do accordingly. If for the selection of multiplier, Column (4) of the Table in Sarla Verma is followed, there is no likelihood of the claimants who have chosen to apply under Section 166 being awarded lesser amount on proof of negligence on the part of the driver of the motor vehicle than those who prefer to apply under Section 163-A. As regards the cases where the age of the victim happens to be up to 15 years, we are of the considered opinion that in such cases irrespective of Section 163-A or Section 166 under which the claim for compensation has been made, multiplier of 15 and the assessment as indicated in the Second Schedule subject to correction as pointed out in Column (6) of the Table in Sarla Verma should be followed.
This is to ensure that the claimants in such cases are not awarded lesser amount when the application is made under Section 166 of the 1988 Act. In all other cases of death where the application has been made under Section 166, the multiplier as indicated in Column (4) of the Table in Sarla Verma should be followed."
46. At this stage, we must immediately say that insofar as the aforesaid multiplicand/multiplier is concerned, it has to be accepted on the basis of income established by the legal representatives of the deceased. Future prospects are to be 36 added to the sum on the percentage basis and "income" means actual income less than the tax paid. The multiplier has already been fixed in Sarla Verma which has been approved in Reshma Kumari with which we concur.
47. In our considered opinion, if the same is followed, it shall subserve the cause of justice and the unnecessary contest before the tribunals and the courts would be avoided. 48. Another aspect which has created confusion pertains to grant of loss of estate, loss of consortium and funeral expenses. In Santosh Devi (supra), the two-Judge Bench followed the traditional method and granted Rs. 5,000/- for transportation of the body, Rs. 10,000/- as funeral expenses and Rs. 10,000/- as regards the loss of consortium. In Sarla Verma, the Court granted Rs. 5,000/- under the head of loss of estate, Rs. 5,000/- towards funeral expenses and Rs. 10,000/- towards loss of Consortium.
In Rajesh, the Court granted Rs. 1,00,000/- towards loss of consortium and Rs. 25,000/- towards funeral expenses. It also granted Rs. 1,00,000/- towards loss of care and guidance for minor children. The Court enhanced the same on the principle that a formula framed to achieve uniformity and consistency on a socio-economic issue has to be contrasted from a legal principle 37 and ought to be periodically revisited as has been held in Santosh Devi (supra). On the principle of revisit, it fixed different amount on conventional heads. What weighed with the Court is factum of inflation and the price index. It has also been moved by the concept of loss of consortium. We are inclined to think so, for what it states in that regard.
"17. ... In legal parlance, "consortium" is the right of the spouse to the company, care, help, comfort, guidance, society, solace, affection and sexual relations with his or her mate. That non-pecuniary head of damages has not been properly understood by our courts. The loss of companionship, love, care and protection, etc., the spouse is entitled to get, has to be compensated appropriately. The concept of nonpecuniary damage for loss of consortium is one of the major heads of award of compensation in other parts of the world more particularly in the United States of America, Australia, etc. English courts have also recognised the right of a spouse to get compensation even during the period of temporary disablement.
By loss of consortium, the courts have made an attempt to compensate the loss of spouse's affection, comfort, solace, companionship, society, assistance, protection, care and sexual relations during the future years. Unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the pecuniary loss, it would not be proper to award a major amount under this head. Hence, we are of the view that it would only be just and reasonable that the courts award at least rupees one lakh for loss of consortium."
49. Be it noted, Munna Lal Jain (supra) did not deal with the same as the notice was confined to the issue of application of correct multiplier and deduction of the amount. 50. This aspect needs to be clarified and appositely stated. The conventional sum has been provided in the Second Schedule of the Act. The said Schedule has been found to be defective as stated by the Court in Trilok Chandra (supra). Recently in Puttamma and others v. K.L. Narayana Reddy and another38 it has been reiterated by stating:- "... we hold that the Second Schedule as was enacted in 1994 has now become redundant, irrational and unworkable due to changed scenario including the present cost of living and current rate of inflation and increased life expectancy."
(iv) Medical Expenses - actual expenses incurred before death supported by bills/vouchers but not exceeding - Rs. 15,000/-"
53. On the aforesaid basis, the Court has revisited the practice of awarding compensation under conventional heads. 54. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh. It has granted Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/- loss of consortium and Rs. 1,00,000/- towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same.
The conventional and 40 traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided.
Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.
55. Presently, we come to the issue of addition of future prospects to determine the multiplicand. 56. In Santosh Devi the Court has not accepted as a principle that a self-employed person remains on a fixed salary throughout his life. It has taken note of the rise in the cost of living which affects everyone without making any distinction between the rich and the poor. Emphasis has been laid on the extra efforts made by this category of persons to generate additional income. That apart, judicial notice has been taken of the fact that the salaries of those who are employed in private sectors also with the passage of time increase manifold. In Rajesh's case, the Court had added 15% in the case where the victim is between the age group of 15 to 60 years so as to make the compensation just, equitable, fair and reasonable. This addition has been made in respect of self-employed or engaged on fixed wages.
57. Section 168 of the Act deals with the concept of "just compensation" and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard because such determination can never be in arithmetical exactitude. It can never be perfect. The aim is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record in an individual case. The conception of "just compensation" has to be viewed through the prism of fairness, reasonableness and nonviolation of the principle of equitability. In a case of death, the legal heirs of the claimants cannot expect a windfall. Simultaneously, the compensation granted cannot be an apology for compensation. It cannot be a pittance.
Though the discretion vested in the tribunal is quite wide, yet it is obligatory on the part of the tribunal to be guided by the expression, that is, "just compensation". The determination has to be on the foundation of evidence brought on record as regards the age and income of the deceased and thereafter the apposite multiplier to be applied. The formula relating to multiplier has been clearly stated in Sarla Verma (supra) and it has been approved in Reshma Kumari (supra). The age and income, as stated earlier, have to be established by adducing evidence. The tribunal and the Courts have to bear in mind that the basic principle lies in pragmatic computation which is in proximity to reality.
It is a well accepted norm that money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity of approach. There has to be a balance between the two extremes, that is, a windfall and the pittance, a bonanza and the modicum. In such an adjudication, the duty of the tribunal and the Courts is difficult and hence, an endeavour has been made by this Court for standardization which in its ambit includes addition of future prospects on the proven income at present. As far as future prospects are concerned, there has been standardization keeping in view the principle of certainty, stability and consistency. We approve the principle of "standardization" so that a specific and certain multiplicand is determined for applying the multiplier on the basis of age.
59. Having bestowed our anxious consideration, we are disposed to think when we accept the principle of standardization, there is really no rationale not to apply the said principle to the self-employed or a person who is on a fixed salary. To follow the doctrine of actual income at the time of death and not to add any amount with regard to future prospects to the income for the purpose of determination of multiplicand would be unjust. The determination of income while computing compensation has to include future prospects so that the method will come within the ambit and sweep of just compensation as postulated under Section 168 of the Act. In case of a deceased who had held a permanent job with inbuilt grant of annual increment, there is an acceptable certainty.
But to state that the legal representatives of a deceased who was on a fixed salary would not be entitled to the benefit of future prospects for the purpose of computation of compensation would be inapposite. It is because the criterion of distinction between the two in that event would be certainty on the one hand and staticness on the other. One may perceive that the comparative measure is certainty on the one hand and uncertainty on the other but such a perception is fallacious. It is because the price rise does affect a self-employed person; and that apart there is always an incessant effort to enhance one's income for sustenance.
The purchasing capacity of a salaried person on permanent job when increases because of grant of increments and pay revision or for some other change in service conditions, there is always a competing attitude in the private sector to enhance the salary to get better efficiency from the employees. Similarly, a person who is self-employed is bound to garner his resources and raise his charges/fees so that he can live with same facilities. To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.
Though it may seem appropriate that there cannot be certainty in addition of future prospects to the existing income unlike in the case of a person having a permanent job, yet the said perception does not really deserve acceptance. We are inclined to think that there can be some degree of difference as regards the percentage that is meant for or applied to in respect of the legal representatives who claim on behalf of the deceased who had a permanent job than a person who is self-employed or on a fixed salary. But not to apply the principle of standardization on the foundation of perceived lack of certainty would tantamount to remaining oblivious to the marrows of ground reality.
And, therefore, degree-test is imperative. Unless the degree-test is applied and left to the parties to adduce evidence to establish, it would be unfair and inequitable. The degree-test has to have the inbuilt concept of 46 percentage. Taking into consideration the cumulative factors, namely, passage of time, the changing society, escalation of price, the change in price index, the human attitude to follow a particular pattern of life, etc., an addition of 40% of the established income of the deceased towards future prospects and where the deceased was below 40 years an addition of 25% where the deceased was between the age of 40 to 50 years would be reasonable.
60. The controversy does not end here. The question still remains whether there should be no addition where the age of the deceased is more than 50 years. Sarla Verma thinks it appropriate not to add any amount and the same has been approved in Reshma Kumari. Judicial notice can be taken of the fact that salary does not remain the same. When a person is in a permanent job, there is always an enhancement due to one reason or the other.
To lay down as a thumb rule that there will be no addition after 50 years will be an unacceptable concept. We are disposed to think, there should be an addition of 15% if the deceased is between the age of 50 to 60 years and there should be no addition thereafter. Similarly, in case of selfemployed or person on fixed salary, the addition should be 10% 47 between the age of 50 to 60 years. The aforesaid yardstick has been fixed so that there can be consistency in the approach by the tribunals and the courts.
(iii) While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was 48 between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax.


text:
is a private junior college in Hakodate, Hokkaido, Japan, established in 1963.

External links
 Official website

Educational institutions established in 1963
Private universities and colleges in Japan
Universities and colleges in Hokkaido
Japanese junior colleges
1963 establishments in Japan

redpajama_set_name: RedPajamaWikipedia


text:
The 1926 Montana State Bobcats football team represented Montana State College (later renamed Montana State University) in the Rocky Mountain Conference (RMC) during the 1926 college football season. In its fifth season under head coach G. Ott Romney, the team compiled a 4–2–1 record (4–0 against RMC opponents), finished second in the conference, and outscored opponents by a total of 52 to 43.

Schedule

References

Montana State
Montana State Bobcats football seasons
Montana State Bobcats football


text:
Lane Kiffin contract details: Ole Miss puts coaching rumors to rest with extension
Lane Kiffin's name has been attached to nearly every coaching rumor of late. That activity can be put to rest.
Ole Miss announced Saturday that it had agreed to a new contract with Kiffin after he guided the Rebels to their first 10-win regular season in school history.
"We are committed to winning championships at Ole Miss, and Coach Kiffin is the person to lead us to those heights," athletic director Keith Carter said in a statement. "With his winning edge, offensive vision and recruiting prowess, he has quickly cemented our team among the best in the nation, and this is just the start. With major facility projects on the horizon, we are investing in this program like never before and look forward to building on the foundation that Coach Kiffin has established."
MORE: Georgia's Kirby Smart says he has confidence in Stetson Bennett after QB struggles late vs. Alabama
The Rebels are eighth in the College Football Playoff rankings and are headed to a New Year's Six bowl.
How much money will Kiffin make in his new deal? Sporting News takes a look.
Lane Kiffin contract details
Kiffin's new contract will make him one of the highest-paid coaches in the sport. According to ESPN, he will make about $7.5 million annually.
The Clarion Ledger reported that the new deal will keep him in Oxford through 2025, adding a year to his contract. Also according to the report, under Mississippi law, Kiffin can only be contracted for four years at a time as a public employee.
When Kiffin first signed with Ole Miss, he was set to make $3.9 million in 2020 and receive a salary increase of $100,000 for each season he remained with the school, according to an earlier report from the Clarion Ledger.
MORE: Nick Saban's record vs. former assistants
He then signed a one-year extension before the 2021 season, increasing his salary to $4.5 million, the newspaper reported. As part of the agreement, he would receive $150,000 per SEC win starting with the fifth in a season, and an extra $100,000 for beating nonconference Power 5 opponents. He would pocket an additional $150,000 for reaching the SEC championship game and $400,000 for winning the conference. This season, Ole Miss went 6-2 in the SEC and defeated Louisville.
Specific bonuses in his new contract have yet to be reported, but he's likely to be well-compensated for any such milestones that are reached in the highly competitive SEC West.
Highest-paid college football coaches
Kiffin's new pact puts him among the highest-paid coaches in college football, and it is the fourth major contract handed out this season, along with Brian Kelly at LSU, Lincoln Riley at USC and Mel Tucker at Michigan State.
MORE: What Georgia's loss to Alabama means for Cincinnati, Notre Dame in CFP rankings
Sportsnaut lists these coaches as the highest-paid in college football, not including Kiffin.
Rank Coach School Annual salary
1 Lincoln Riley USC $10 million-plus (estimated)
2 Nick Saban Alabama $9.8 million
T-3 Brian Kelly LSU $9.5 million
T-3 Mel Tucker Michigan State $9.5 million
5 David Shaw Stanford $8.9 million
6 Dabo Swinney Clemson $8.4 million
7 Jimbo Fisher Texas A&M $7.5 million
8 Kirby Smart Georgia $7.1 million
9 James Franklin Penn State $7 million
10 Ryan Day Ohio State $6.6 million
Spurs fans warned over 'outdated' use of 'anti-Semitic insult' as CPS threaten criminal action
Players who have improved their value
Taoiseach full of the joys of spring as Omicron storm passes
Ian Alexander Jr. dead, son of Academy Award-winner Regina King died of suicide

redpajama_set_name: RedPajamaCommonCrawl


Sweetwater Restaurant: A New York, NY Restaurant.
Sweetwater Restaurant is a Williamsburg hotspot for serious American fare. Come for the Sweetwater Burger (with carmelized onions, added applewood-smoked bacon & truffle pecorino cheese) and stay for the three-cheese mac 'n cheese and their powerful Second Term 'tail (Maker's Mark Bourbon, lemon juice, chai clove honey, Fee Bros. bitters).


One of the presumptions about SAPs entry to the mid-market on-demand scene with Business ByDesign is that NetSuite will benefit from the halo effect. I'm not so sure.
One of the presumptions about SAPs entry to the mid-market on-demand scene with Business ByDesign is that NetSuite will benefit from the halo effect. I'm not so sure. Over the last year, I've heard vague negative mutterings about NetSuite in the UK. Most of the complaints concerned performance and upgrade issues. I ignored these background noises until now. I had no real evidence that they were anything more than the usual gossipy grumblings one hears around application implementation.
One could also easily argue that NS keeps getting ahead of itself, introducing new features rapid fire while failing to finish the old ones -- it does have some very nice touches and seems close to Web 2.0 cutting-edge in places.
A single instance or indicative of a general malaise? It's always difficult to tell but given the customer has given NetSuite three years to deliver it seems the company has much to prove.


text:
Copyright © 2018 Pacific Seafood Processors Association
Alaska/Pacific Coast
High summer harvest for Southeast Dungeness crab
KFSK by Angela Denning - September 9, 2019
It could end up being the best commercial Dungeness crab season for a decade in Southeast Alaska. The summer harvest was high and as Angela Denning reports, managers are expecting the fall season to be good as well.
https://www.kfsk.org/2019/09/09/high-summer-harvest-for-southeast-dungeness-crab/
Researchers looking at renewable energy and food security in rural Alaska
KTUU by Derek Minemyer - September 9, 2019
ANCHORAGE, Alaska (KTUU) - Researchers at the University of Alaska are looking at how renewable energy could power the fish processing industry in Alaska's remote communities.
https://www.ktuu.com/content/news/Researchers-looking-at-renewable-energy-and-food-security-in-rural-Alaska-559783281.html
Environment/Science
Scientists warn West Coast ocean heat wave could pose major risk to whales, salmon, sea lions
The Hill by John Bowden - September 5, 2019
A heat wave forming off the west coast in the Pacific Ocean resembles a 2014-15 phenomenon that led to major disruptions to marine life along the western seaboard, federal scientists said Thursday.
https://thehill.com/policy/energy-environment/460189-scientists-warn-west-coast-ocean-heat-wave-could-pose-major-risk-to
Alaska just had the most ridiculous summer. That's a red flag for the planet.
CNN Wire - September 9, 2019
Alaska's summer of fire and no ice is smashing records. With the Arctic warming twice as fast as the rest of the planet, America's "Last Frontier" feels like the first in line to see, smell and feel the unsettling signs of a climate in crisis.
https://q13fox.com/2019/09/09/alaska-just-had-the-most-ridiculous-summer-thats-a-red-flag-for-the-planet/
Global Ocean Acidification Research Starts at Local Level All Around the World
SeafoodNews.com by Peggy Parker - September 9, 2019
Ocean acidification (OA) is a shift in the world's oceans from neutral to more acidic water from the update of increasing carbon dioxide in the atmosphere. The ocean absorbs about 30% of the carbon in the air, resulting in increasing levels of carbonic acid in the sea.
Researchers in Alaska, the South Pacific, New England, and further afield are studying the effects of increasing OA on their waters. In Alaska, research is focused on fisheries -- from the billion-dollar groundfish resource in the Bering Sea to life-saving subsistence food along coastline; in New England, Martha's Vinyard oyster ponds are being protected locally as OA increases, and in the South Pacific, a recent gathering of environmental ministers announced new alliances on research for OA, including a brand new Pacific Climate Change Centre (PCCC) to address OA among other climate change impacts, research, and innovation in creating resiliancies among Pacific Nations.
Alaska ranks as the fastest-warming U.S. state, and because it is surrounded by cold oceans, it is experiencing the fastest rise in OA.
The Alaska Ocean Acidification Center connects scientists with stakeholders who want to know everything they can about how OA may affect the state's valuable fisheries resources. Established in 2016, the Center tracks the latest carbon dioxide levels in the atmosphere (as of March 30, at 412.48 ppm, the highest recorded ever) and conducts experiments that inform what higher OA will do to pollock, cod, and crab species.
Robert Foy, Science and Research Director for NOAA's Alaska Fisheries Science Center, says the direct effects of OA may be to reduce growth rates of juvenile fish, decreasing survival. OA can also interfere with sensory signals in the brain causing the fish to not recognize predators or prey. Indirect effects on the food web may reduce abundance of prey for fish, such as pteropods, the main food for juvenile fish. Cumulative effects may be a reduction in the overall productivity of fish resulting in less to catch commercially or gather for subsistence.
The Alaska Marine Advisory Sea Grant program supports the research of University of Alaska Fairbanks assistant professor Amanda Kelley, a top researcher on ocean acidification's effects in Alaska. Alaska Sea Grant has funded Kelley's research studying how shellfish react to different levels of OA. Sea Grant recently produced a video of work Kelley is doing in Seward and in Kachemak Bay to better understand OA and how tribal members and citizen scientists are getting involved in monitoring it.
After Alaska, Rhode Island ranks as the fastest-warming state, following by New Jersey, Connecticut, Maine, and Massachusetts. The oyster industry in Martha's Vinyard has been monitoring OA for years and may have an innovative approach to mitigating it.
The Martha's Vineyard Shellfish Group launched a shell recycle program, where they collect shells, let them age until they're clean, and release them back into Great Ponds for restoration. "Adding shells helps buffer the water in small scales," Emma Green-Beach, lead scientist of the Group said. "It provides hard calcium for baby oysters."
Oysters are a "keystone species" on Martha's Vineyard, as their existence provides a habitat for other organisms. "When you have clusters of oysters, they make huge reefs where fish, urchins, crabs, and all sorts of plants and animals can live," Green-Beach said. "Little fish can hide there. Big fish can hunt there. Oysters create a hard and complex structure on an otherwise muddy, flat bottom." Oysters also filter water, and adults can filter up to 50 gallons a day, according to Green-Beach.
The work that is being carried out in the Pacific to address this issue was highlighted at a side event during the second day of the Secretariat of the Pacific Regional Environment Programme (SPREP)'s 29th Meeting of Officials taking place in Apia, Samoa last week.
Among those highlighted was work of the New Zealand-Pacific Partnership on Ocean Acidification (NZPPOA) project in Fiji and Tokelau, Samoa's joint initiative on OA monitoring with the Republic of Korea, and the recently published "Mainstreaming Ocean Acidification into National Policies" handbook on OA for the Pacific.
The NZPPOA project is a collaborative effort between the University of the South Pacific, the Pacific Community and SPREP, with funding support from the Ministry of Foreign Affairs of New Zealand and the Government of the Principality of Monaco. It aims to build the resilience of Pacific island communities to OA and was developed in response to needs identified during the Third United Nations Small Islands States Conference in Apia in 2014.
Its focus is on research and monitoring, capacity and awareness building, and practical adaptation actions. The pilot sites for the practical adaptation actions were Fiji, Kiribati, and Tokelau, two of which were present at the side event this afternoon and presented on the progress of the work being done in their countries.
OA monitoring buoys have been set up and deployed successfully in Palau, and will soon be set up in Samoa, and staff of the Ministry of Natural Resources and Environment in Samoa will have the responsibility to operate and maintain these buoy systems.
https://www.seafoodnews.com/Story/1151743/Global-Ocean-Acidification-Research-Starts-at-Local-Level-All-Around-the-World
North Pacific Fishery Management Council; Public Meeting
A Notice by the National Oceanic and Atmospheric Administration on 09/09/2019
The North Pacific Fishery Management Council (Council) and its advisory committees will meet September 30, 2019 through October 9, 2019.
https://www.federalregister.gov/documents/2019/09/09/2019-19382/north-pacific-fishery-management-council-public-meeting
The North Pacific Fishery Management Council (Council) Fishery Monitoring Advisory Committee will meet September 23, 2019 through September 24, 2019.
Former American Seafoods and Pollock Industry Executive Ed Luttrell Dies at 67
SeafoodNews.com by John Sackton - September 10, 2019
Ed Luttrell, a well known, respected and loved West coast seafood executive, died suddenly at his family's ranch in Oregon on September 2nd.
He started in the seafood industry with Peter Pan, worked his way up to superintendent of the 296 foot M/V Royal Sea, and later joined American Seafoods in a senior position. In 1995 when American Seafoods began exploring cooperation with Russian supretrawlers, Ed founded his own company, Dalmoreproduct Vessel Management. Subsequently he purchased Kenematics Marine Equipment, a company that grew to supply deck equipment for small fishing vessels throughout the US.
His daughters Erin and Elisabeth wrote a beautiful obituary which we reprint here:
Thornton Edward "Ed" Luttrell, II of Marysville, Washington, passed away on September 2, 2019 while visiting his beloved family ranch in Roseburg, Oregon. He was 67 years old.
Ed was born February 6, 1952 at Walter Reed Army Hospital, the only child of Thornton Edward Luttrell and Althea LaRaut Luttrell. His parents met serving in the United States Army in Japan, where Ed spent his earliest years. Later, the family was stationed in Germany, before Ed and his mother settled in Lakewood, Washington, near Fort Lewis.
Ed spent summers in Roseburg, Oregon at the LaRaut Family Century Ranch, which has been in his mother's family for generations. His love for the area resulted in his decision to live in Roseburg during his teenage years, graduating from Roseburg High School in 1970; he used to joke that he was listed on the Dean's List due to a bureaucratic error. He was an excellent basketball player in high school and later played at the collegiate level for the Willamette Bearcats.
He attended Tacoma Community College for two years, prior to transferring to Willamette University, where he earned his Bachelor of Science degree in Political Science in 1974 and MBA from the Atkinson Graduate School of Administration at Willamette University in 1977.
Following his graduation, Ed accepted a position with Peter Pan Seafoods in Alaska. Though friends predicted he wouldn't last two weeks on a fishing trawler, Ed quickly worked his up to Superintendent on the 296-foot M/V Royal Sea.
This experience, combined with his education, tenacity, and work ethic, led Ed to prominent executive positions in the fishing and marine industries, including American Seafoods and Arctic King.
In 1995, Ed started his own company, Dalmoreproduct Vessel Management, Inc. (DVMI, Inc.), which managed super trawlers based in Russia. He was well-known and highly respected throughout the industry as a caring boss, who held everyone in his company to the highest standard, himself included.
In 2004, Ed purchased Kinematics Marine Equipment Inc. As owner and President, Ed grew the company into an internationally renowned marine vessel equipping company, building deck equipment for the small fishing and work boat fleets in Alaska, West Coast, Gulf Coast and Eastern Seaboard of the United States, with special expertise in gill net, research and underwater construction equipment.
Throughout his life, Ed gave unselfishly to the communities in which he lived and worked. He for many years served on the Willamette Alumni Board of Directors and Atkinson Graduate School of Administration Advisory Board. For many years he was a board member of the Russian American Foundation, and was a proud life-long member of the National Rifle Association. He brought his business acumen to his local community as well, serving as a board member for Shaw Island Inc and the Wilbur Cemetery.
Ed was blessed to marry three women whom he loved, Kari, Shannon, and the mother of his children, Teresa Molitor Luttrell. In 1997, Ed and Teresa purchased a home on Shaw Island, Washington, that was the site of many family celebrations, and remained a very special part of Ed's life until his passing.
Ed is preceded in death by his parents and son, Thornton Edward Luttrell, III, "Teddy". His daughters Erin Joy Leigh, Elizabeth Luttrell Fellars, and son-in-law Shreve Fellars survive him, as well as many beloved friends and business associates. A true family man, Ed's children were at the center of his life, as he was at the center of theirs.
Ed cherished community; he would go out of his way to help others, even those he barely knew. He would argue that there was "no such thing as true altruism," because he enjoyed helping others, and that joy was his own reward. In addition to his children, Ed's greatest legacy is in his thoughtful generosity, and all the lives he touched with his kindness and support. He always was bigger than life, both in stature and the way he lived. Although he left this life far too early for those who love him, he leaves having loved well, and his legacy of kindness, humor, love and generosity will live on in his family and friends.
https://www.seafoodnews.com/Story/1151827/Former-American-Seafoods-and-Pollock-Industry-Executive-Ed-Luttrell-Dies-at-67
Ann Owens
Pacific Seafood Processors Association
1900 W Emerson Place Suite 205, Seattle, WA 98119
E-mail: admin@pspafish.net; Website: www.pspafish.net
Our office days/hours are Monday-Friday
In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. *Inclusion of a news article, report, or other document in this email does not imply PSPA support or endorsement of the information or opinion expressed in the document.


text:
Anacamptis menosii är en orkidéart som först beskrevs av Charles Jean Bernard och G.Fabre, och fick sitt nu gällande namn av H.Kretzschmar, Eccarius och H. Anacamptis menosii ingår i släktet salepsrötter, och familjen orkidéer. Inga underarter finns listade i Catalogue of Life.

Källor

Externa länkar

Salepsrötter
menosii


text:
Q: CSS keyframes image fadeInOut refuses to animate I want to make two images fade smoothly between them.
Images appear on browser, but animation does not work.
I think this issue is related to @keyframes or #cf3 img.top sections... The other sections seems to work.. Tested on chrome.
<!DOCTYPE html>

        <title>Test</title>
        <link rel="stylesheet" type="text/css" href="style.css">

style.css, this is where the fading animation is at:
#cf {
    position: relative;
    height: 281px;
    width: 450px;
    margin: 0 auto;
}

#cf img {
    position: absolute;
    left: 0;
    -webkit-transition: opacity 1s ease-in-out;
    -moz-transition: opacity 1s ease-in-out;
    -o-transition: opacity 1s ease-in-out;
    transition: opacity 1s ease-in-out;
}

@keyframes cf3FadeInOut {
    0% {
        opacity: 1;
    }
    45% {
        opacity: 1;
    }
    55% {
        opacity: 0;
    }
    100% {
        opacity: 0;
    }
}

#cf3 img.top {
    animation-name: cf3FadeInOut;
    animation-timing-function: ease-in-out;
    animation-iteration-count: infinite;
    animation-duration: 10s;
    animation-direction: alternate;
}

A: Your code is fine you are selecting the wrong id.
Your code:
#cf3 img.top {
Should be
#cf img.top {
The keyframes can be above or below the selector both will work.
Example

redpajama_set_name: RedPajamaStackExchange


text:
Dimancherouge
TikTok-Oracle deal and a potential US ban: Everything you need to know
By[email protected]_84
Sep 21, 2020 ban, Deal, Potential, TikTokOracle
The Trump administration pushed back a ban on new downloads of TikTok to Sept. 27.
Angela Lang/CNET
TikTok, known for quirky short videos of people dancing and lip syncing, has been caught in the crosshairs of a geopolitical clash between the US and China.
The US Department of Commerce had threatened to bar new downloads of TikTok last week, but the potential ban was pushed back after President Donald Trump approved a deal "in concept" over the weekend between TikTok, Oracle and Walmart. The parties now have late Sunday to finalize an agreement that satisfies the US.
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"If they get it done, that's great," Trump told reporters. "If they don't, that's okay, too."
Chinese tech company ByteDance owns TikTok, sparking concerns the video app could be used by the Chinese government to spy on federal employees and other people in the US. TikTok says it would never turn over US user data to the Chinese government even if it were asked to do so. Roughly 100 million people use TikTok in the US.
TikTok-Oracle deal approved, temporary block on WeChat…
The deal, however, isn't the final chapter in the seemingly never-ending saga. There're still lots of unanswered questions about the relationships that TikTok, Oracle and Walmart will have and confusion about what role ByteDance plays in the arrangement.
What's in the deal between TikTok, Oracle and Walmart?
Oracle and Walmart would get a combined 20% stake in a new company called TikTok Global, which is expected to go public in the next year. Four of the five members on TikTok Global's board of directors will be American.
Oracle will host all US user data on its cloud platform and be tasked with "securing associated computer systems," TikTok said in a statement.
"We are a hundred percent confident in our ability to deliver a highly secure environment to TikTok and ensure data privacy to TikTok's American users, and users throughout the world," Oracle CEO Safra Catz said in a statement.
TikTok Global also plans to create 25,000 US jobs as part of an expansion of its global headquarters, which will remain in the US. TikTok Global will pay more than $5 billion in new tax dollars to the US Treasury, according to Walmart. It will also create an educational program to "develop and deliver an AI-driven online video curriculum" that includes courses in math, reading, science, history and computer engineering for children.
Does that mean ByteDance owns 80% of TikTok Global?
There's confusion over how big of a role ByteDance would play in TikTok Global. ByteDance says that it will have an 80% stake in TikTok Global before the new company goes public.
But on Monday, Ken Glueck, Oracle executive vice president, said in a statement that "upon creation of TikTok Global, Oracle/Walmart will make their investment and the TikTok Global shares will be distributed to their owners, Americans will be the majority and ByteDance will have no ownership in TikTok Global."
A person familiar with the deal told The Wall Street Journal that ByteDance wouldn't technically be an owner in TikTok Global because the shares would be given to ByteDance's investors. About 40% of ByteDance is owned by US venture capital firms.
Meanwhile, a group of Republican US lawmakers has urged Trump to reject the deal if ByteDance still has control over TikTok's US operations, data and algorithms. Trump on Monday signaled that he wouldn't approve a deal if Walmart and Oracle didn't have most of the control over TikTok Global.
"They are going to own the controlling interest. Everything is going to be moved into a cloud done by Oracle … and it's going to be totally controlled by Oracle," he told Fox News. "If we find that they don't have total control, then we're not going to approve the deal."
Why does Walmart want a stake in TikTok?
TikTok has been experimenting with e-commerce features. Last year, the company started allowing some users to add links to e-commerce sites so people can buy products that are shown in videos.
Walmart said it will "bring its omnichannel retail capabilities including its Walmart.com assortment, eCommerce marketplace, fulfillment, payment and measurement-as-a-service advertising service" to TikTok.
Does the Chinese government approve of the TikTok Oracle deal?
China reportedly objected to a forced sale of TikTok's US operations but the current deal structure isn't a full divestment. Still, there are signs that Beijing isn't fully comfortable with the proposal.
"Based on what I know, Beijing won't approve current agreement between ByteDance, TikTok's parent company, and Oracle, Walmart, because the agreement would endanger China's national security, interests and dignity," tweeted Hu Xijin, the editor in chief of the Global Times. The tabloid is backed by China's Communist Party.
Based on what I know, Beijing won't approve current agreement between ByteDance, TikTok's parent company, and Oracle, Walmart, because the agreement would endanger China's national security, interests and dignity.
— Hu Xijin 胡锡进 (@HuXijin_GT) September 21, 2020
In August, China issued new restrictions on artificial intelligence technology exports, a move that delayed the TikTok deal. Under the current proposal, ByteDance won't be transferring its algorithm and technology to Oracle, which might satisfy Chinese regulators.
If a deal isn't finalized by Sunday, does this mean new downloads of TikTok will be barred?
Not necessarily. TikTok sued the Trump administration to block the potential US ban, alleging that the ban violates the First Amendment's free speech rights and that Trump exceeded his authority. A federal judge could issue an injunction to temporarily halt an upcoming ban.
Ori Biotech Raises $30 Million in Series A Financing to Advance Innovation in Cell and Gene Therapy Manufacturing
J Oct, 2020 [email protected]_84
In Science We Trust – Rolling Stone
Google, NASA, PayPal and the World Bank to Headline Neo4j's NODES 2020 Developer Conference
LVMH to win EU antitrust approval for Tiffany deal: sources
Festivals of the future 'won't be limited by time and space': CEO
Winners and losers of energy transition — ScienceDaily
PS4 update lets parents decide which games kids can chat in
301 And 262-Foot NEOs Will Closely Approach Earth On Wednesday
Amazon Analysis announces App Apple Big Business Camera China COVID19 Data Day Digital emerging event Facebook Forecast future Game gaming Global Google Growth industry iPhone launch launches Market million News Research Science ScienceDaily Smartphone Space Stocks Study Tech Technologies Technology TikTok Top Trends Trump Watch
Oct 14, 2020 [email protected]_84


text:
Thursday ,01 March 2012
| Lawsuit of defamation of religions against Eng.Sawirus is dismissed | Masked men break into a pharmacy of a Coptic man in Nag Hammadi | Judges in Egypt NGOs case abruptly recuse themselves, trial delayed | Which kind of future awaits for you Egypt? | Egyptian arrested at Cairo airport on suspicion of Al-Qaeda link | Copts request representation in constituent assembly
Egyptian arrested at Cairo airport on suspicion of Al-Qaeda link
By-Ahram
Egyptian national Mohamed Ibrahim Makkawi was arrested at Cairo International Airport on Wednesday afternoon upon his arrival from the UAE on suspicions that he was in fact Seif Al-Adel, a former leader of international terror outfit "Al-Qaeda."
Al-Adel, a former Egyptian Special Forces officer now in his 50s, allegedly succeeded the late Osama bin Laden as Al-Qaeda chief on a temporary basis before Egyptian physician Ayman El-Zawahri reportedly assumed the post.
Makkawi, for his part, who says he has previously been mistaken for Al-Adel, has stressed his readiness to be questioned by Egyptian authorities. He does not deny, however, that he had once been a member of Al-Qaeda.
An airport source told Ahram Online that authorities had been informed in advance of Makkawi's planned visit to Egypt.
He was apprehended by security forces shortly after his arrival to the country.
Before coming to Egypt, the cash-strapped Makkawi says he visited Egypt's embassy in the UAE, where he reportedly requested a ticket to Cairo, which, he says, he was unable to afford.
According to the airport source, Makkawi first arrived in the UAE from Pakistan. He entered the Gulf country on a temporary passport, which had been issued in Islamabad on 28 February.
"He told Egyptian embassy officials in the UAE that he had defected from Al-Qaeda a long time ago, strenuously denying claims that he was bin Laden's successor," said the airport source, who spoke on condition of anonymity.
"Makkawi said he wanted to return to Egypt after last year's revolution, saying he had originally left the country due to Mubarak-era injustice," the source added. "He says he welcomes interrogations and investigations so as to clear his name and prove he isn't Al-Adel."
"He explained his link to the terrorist organisation by saying he was married to the daughter of an Al-Qaeda warlord," the source concluded.
Meanwhile, French news agency AFP reported that Egyptian security officials had stated definitively that Makkawi was not, in fact, an Al-Qaeda operative.
"He is wanted for involvement with the Al-Jihad group. He is not Seif Al-Adel," a source at the National Security apparatus was quoted as saying.
The same source went on to explain that Makkawi had left for Afghanistan to join the war against the Soviet Union in the 1980s, later settling down in neighbouring Pakistan.
In an interview in May of last year with pan-Arab daily Asharq Al-Awsat, Makkawi said he had been mistakenly identified as the senior militant. He went on to tell the newspaper that he had disagreed with Al-Qaeda's leadership and therefore sought political asylum in Pakistan.
"Following the tragic events of 9/11, I was surprised to find my name and history under the image of another Egyptian, under the false name of 'Seif Al-Adel,' as part of the FBI's list of the 22 most wanted terrorists – even though I have no connection to Al-Qaeda or its operations," Makkawi said at the time.
In the interview, he added that he was wanted in Egypt for involvement with the Al-Jihad group, a onetime militant outfit that eventually renounced violence in the late 1990s.
After the killing of bin Laden in a US commando raid in Pakistan in May of last year, reports emerged that Seif Al-Adel – later identified as Makkawi – had become the jihadist network's acting chief.
Analysts now say, however, that Makkawi had been mistaken for another militant of a similar background.
The United States, meanwhile, accuses Al-Adel of setting up Al-Qaeda training camps in Sudan and Afghanistan in the 1980s. Washington also claims that he was involved in the 1998 bombings of US embassies in Kenya and Tanzania.
Life of humbleness & meekness (28)
The virtue of meekness is one of the important Christian virtues. Suffice that the Lord says about it: "Learn from Me, for I am gentle and lowly in heart, and you will find rest for your souls." (Mt 11: 29) He could have said, learn from Me all perfections of Christianity, but He focused on gentleness and meekness in particular, and mentioned the result. Indeed, for a meek person enjoys a life of rest a


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text:
Q: PHP MySQL User Profile Page I have a PHP login/register system and it's working fine. I also have a profile.php page which is used to show the currently logged in user's informations. For now, I want to do this, if the user is logged in and goes to profile.php, they will see their own profile page with their informations, but if the user navigates to profile.php?id=2 page, they must see the profile whose ID is 2. It is almost done, but when I change the id?=2, only the ID changes. Any idea why is it not working?
profile.php CODE:
<?php
   session_start();
   // If the user is not logged in redirect to the login page...
   if (!isset($_SESSION['loggedin'])) {
       header('Location: /admin/index.php');
       exit;
   }
   $DATABASE_HOST = 'localhost';
   $DATABASE_USER = 'root';
   $DATABASE_PASS = '';
   $DATABASE_NAME = 'phplogin';
   $con = mysqli_connect($DATABASE_HOST, $DATABASE_USER, $DATABASE_PASS, $DATABASE_NAME);
   if (mysqli_connect_errno()) {
    exit('Failed to connect to MySQL: ' . mysqli_connect_error());
   }

   $stmt = $con->prepare('SELECT username, realname, password, email, second_email, sex, age,  country, city, timestamp FROM accounts WHERE id = ?');

   $stmt->bind_param('i', $_SESSION['id']);
   $stmt->execute();
   $stmt->bind_result($username, $realname, $password, $email, $second_email, $sex, $age,         $country, $city, $timestamp);
   $stmt->fetch();
   $stmt->close();
   if (isset($_GET['id']) && $_GET['id'] != "") {
    $id = $_GET['id'];
   } else {
    $id = $_SESSION['user_id'];
   }

   $mysqli = $con;

if ($mysqli->connect_errno) {
echo "
MySQL error no {$mysqli->connect_errno} : {$mysqli->connect_error}
";
exit();

}

## query database

# fetch data from mysql database
$sql = "SELECT * FROM accounts WHERE id = {$id} LIMIT 1";
if ($result = $mysqli->query($sql)) {
$user = $result->fetch_array();
} else {
echo "
MySQL error no {$mysqli->errno} : {$mysqli->error}
";
exit();
}
require_once($_SERVER['DOCUMENT_ROOT'].'/admin/includes/header.php');
if ($result->num_rows == 1) {
echo "

                Profile Page

Basic Infos

                        Username:
                        {$username}

                            Delete
                            Edit

                        User ID:
                        {$id}

                        Priority:
                        unknow

                        Joined:
                        {$timestamp}

                        Status:
                        active

General

                        Real Name:
                        {$realname}

                        Email:
                        {$email}

                        Second Email:
                        ".$second_email."

                        Age:
                        ".$age."

                        Sex:
                        ".$sex."

                        Country:
                        ".$country."

                        City:
                        ".$city."

Security

                        New Email:
                        Changes to this email address are delayed by 1 week.
                        Get

                        New Password
                        unknown
                        Get

                        New Passkey:
                        Unavailable
                        Get

                        2FA:
                        Disabled

Advanced

                        Activation Code:
                        6058bf4fa2c2a

                        Beta Program:
                        Disabled
                        Enable

";
} else {
echo "

            Error: 404

404

Page not found

                The page you're looking for may have been removed, renamed, or temporarily unavailable.

                    Back to Dashboard

";
}
?>

<?php
require_once($_SERVER['DOCUMENT_ROOT'].'/admin/includes/footer.php'); ?>

A: You must bind $id to your query and check $_GET["id"] exist before it
     if (isset($_GET['id']) && $_GET['id'] != "") {
    $id = $_GET['id'];
   } else {
    $id = $_SESSION['user_id'];
   }
$stmt = $con->prepare('SELECT username, realname, password, email, second_email, sex, age,  country, city, timestamp FROM accounts WHERE id = ?');
   $stmt->bind_param('i', $id);
   $stmt->execute();
   $stmt->bind_result($username, $realname, $password, $email, $second_email, $sex, $age,         $country, $city, $timestamp);
   $stmt->fetch();
   $stmt->close()

;


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Submitted by Migrate Wizard on 2014-08-08 06:57.
Level Range Optimised for third level characters - lower level characters will be levelled up to level 3 at the start.
Classes Rogues have a slight advantage but all character classes have options to choose from.
Welcome to the town of Zimnan, a small border town in Orrowar. Zimnan is a dangerous city : thieves and thugs abound at every turn. You're the latest addition to their ranks. The Zimnan thieves' guild has hired your unique skills. Rumour on the 'street' suggests the hiring came from high up in whatever organisation backs the guild. Someone has a special interest in you. In Thief!, you play the role of a thief, completing 'jobs' for your reputation and for the gold involved. The structure of the jobs is freeform, you can kill, sneak, talk or con your way through - you don't have to kill a single person. This is far from a hack & slash adventure.
Played from the old vault.