December 17, 2025 10:19 am

Accident—Invalid driving licence—Driver driving lorry on licence of LMV—Insurer not liable.

Bysclaw

May 23, 2017

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Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

Dec 15, 2025 sclaw

Motor Vehicles Act, 1988 — Compensation — Enhancement — Principles — Supreme Court’s power to award ‘just compensation’ exceeding the amount claimed — While enhancing compensation for a 21-year-old Appellant suffering 100% functional disability (due to hemiparesis, disfigurement, and brain injuries) — Supreme Court relied on ‘Nagappa v. Gurudayal Singh’ to award compensation in excess of the amount claimed by using evidence on record to arrive at just and fair compensation. (Paras 11, 12, 14)

Dec 14, 2025 sclaw

Motor Vehicles Act, 1988 — Section 166 — Fatal accident claim — Deceased aged 33 years, survived by seven dependents (wife, four minor children, and parents) — Calculation of income — Consideration of income from both documented employment (stone crusher unit) and agricultural activity — Although documentary evidence for income beyond salary was lacking, it is reasonable to presume some income from agricultural activity given the farming background — Claimants’ assertion of Rs. 6,000/- monthly salary from stone crusher unit (supported by employer certificate) accepted, as it is a reasonable earning expectation for such employment — Additional Rs. 2,000/- per month presumed for agricultural income, totaling Rs. 8,000/- monthly income for compensation calculation. (Paras 3.2, 5, 5.2, 5.3, 5.6)

Dec 14, 2025 sclaw

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Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

Dec 15, 2025 sclaw

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 15, 2025 sclaw

Goods and Services Tax (GST) — Exemption Notification — Notification No. 9/2017- Integrated Tax (Rate) dated 28.06.2017 — Entry 13 — Exemption on services by way of renting of residential dwelling for use as residence — Renting residential property as hostel to students/working professionals — Conditions for exemption: renting service, residential dwelling, and use as residence — The term “residential dwelling” is not defined under GST laws but refers to any residential accommodation for long-term stay, excluding commercial places, hotels, guesthouses for temporary stay — Property comprising 42 rooms rented out and sub-leased for use as hostel accommodation is considered a “residential dwelling” as its nature and use remain residential, not commercial accommodation like a hotel. (Paras 36, 46, 47, 50)

Dec 14, 2025 sclaw

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) and (b) — Power of Arbitral Tribunal to grant interest — Party Autonomy — Pre-award (pendente lite) interest — Section 31(7)(a) mandates that the Arbitral Tribunal’s discretion to award interest on the sum awarded (from date cause of action arose till date of award) is subject to the agreement between the parties (“unless otherwise agreed by the parties”) — When parties specify a contractual rate of interest in the agreement, subject to no legal bar, this stipulation takes precedence over the Arbitrator’s discretion to deem a rate “reasonable” — Arbitral Tribunal is bound by the contractual terms regarding interest once agreed upon, and the borrower cannot later challenge the rate as unconscionable or against public policy, especially in commercial transactions between parties of equal bargaining power — Post-award interest is governed by Section 31(7)(b) (Paras 51, 53, 56, 64, 65, 70).

Dec 14, 2025 sclaw