December 27, 2024 11:14 am

Motor Vehicles Act, 1988 – Sections 168 and 173 – Compensation – Just compensation – Death in accident – High Court while reducing quantum of compensation as well as rate of interest failed to assign any reason – Impugned order of High Court being non-speaking order calls for interference

Bysclaw

May 14, 2017

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Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.

Dec 27, 2024 sclaw

Motor Accident Claims — The appellants, family members of the deceased claimed compensation for his death in a motorcycle accident allegedly caused by the negligence of the car driver — Whether the car driven by respondent no. 2 was involved in the accident and if the accident was due to the negligence of the car driver — The appellants argued that there was ample evidence showing the car’s involvement and that the lower courts misread the evidence — The respondents contended that the accident was due to the deceased’s negligence and that the car was not involved — The Supreme Court set aside the lower courts’ findings, holding that the car was involved in the accident and awarded compensation to the appellants — The Court found that the evidence, including witness testimonies and the condition of the car, supported the involvement of the car in the accident — The Court applied the principle of preponderance of probability, rather than proof beyond reasonable doubt, to conclude the car’s involvement — The appeal was allowed, and the appellants were awarded compensation of Rs. 46,31,496/- with interest.

Oct 21, 2024 sclaw

Motor Accident Claims — Accurate Disability assessment — Supreme Court addressed the issue of compensation for a motor accident victim who sustained injuries to both hands requiring surgery and resulting in permanent disability — The Motor Accident Claims Tribunal (Tribunal) initially awarded Rs.5,38,872/- as compensation, considering a 25% disability — The insurance company appealed, and the High Court reduced the compensation to Rs.4,74,072/-, adjusting the disability percentage to 20% — The Supreme Court upon reviewing the medical records and testimony of doctor, who certified a 50% disability, set aside the High Court’s judgment — It restored the Tribunal’s decision, which had assessed a 25% disability — The Court directed the insurance company to deposit the full compensation amount, as determined by the Tribunal — The appeal was thus allowed, emphasizing the importance of accurate disability assessment in determining fair compensation for accident victims.

Aug 18, 2024 sclaw

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Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.

Dec 27, 2024 sclaw

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw