Supreme Court of India Judgements

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Category: Accident

Accident

Motor Vehicles Act, 1988 – Section 2(30) – Definition of the expression ‘owner’ in Section 2(30) of the Motor Vehicles Act, 1988, it is the person in whose name the motor vehicle stands registered, who, for the purposes of the said Act, would be treated as the owner of the vehicle.

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SURENDRA KUMAR BHILAWE — Appellant Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ.…

Accident

Accident – Rash and negligent driving – Compensation – Enhancement of – Orthopedic Surgeon, deposed that the appellant had suffered nine injuries, of which seven were grievous in nature and she had to undergo two surgeries which left her disabled from doing house work .Whole body disability assessed at 32%. HELD Appeal allowed. High Court for inexplicable reasons opined that it would be reasonable to determine the whole body disability at 20%

Jun 16, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SAVITHA — Appellant Vs. M/S. CHODAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and…

Accident

HELD High Court has committed error in granting only 15% towards future prospects instead of 30% – As per the judgments of this Court primarily the age group is to be considered – Considering the age group as 40 to 50 years, when the multiplier of 13 is maintained by the High Court, there is no reason or justification for reducing the compensation by granting 15% towards future prospects – Appeal allowed.

Jun 13, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH M.H. UMA MAHESHWARI AND OTHERS — Appellant Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : N.V. Ramana, R.…

Accident

Motor Accident – Rash and Negligent driving – Physical functional disability – Enhancement of compensation -Motor Accident – Rash and Negligent driving – Physical functional disability – Enhancement of compensation – HELD appellant is therefore held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability recalculated with the salary of Rs.5,500/­with multiplier of 14 at Rs. 6,93,000/­.

Jun 10, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SRI ANTHONY ALIAS ANTHONY SWAMY — Appellant Vs. THE MANAGING DIRECTOR, K.S.R.T.C. — Respondent ( Before : R.F. Nariman, Navin Sinha and B.R.…

Accident

Accident Compensation – Income To Be Assessed Based On Employee’s Entitlement, Without Deduction Of AllowancesHELD “The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons. However, in a claim for compensation arising out of the death of the employee, the income has to be assessed on the basis of the entitlement of the employee. We, therefore, proceed for the purpose of the computation on the basis of the annual income of AED 4,82,395”.

May 19, 2020 sclaw

Accident Compensation – Income To Be Assessed Based On Employee’s Entitlement, Without Deduction Of Allowances : SC [Read Judgment] Radhika Roy 19 May 2020 8:46 PM The Supreme Court on…

Accident

Exemption Clauses In Insurance Contracts Are To Be Construed Against Insurer In Case Of Doubt : SC HELD Where there is ambiguity in the policy the court will apply the contra proferentem rule. It means that ambiguity in the wording of the policy is to be resolved against the party who prepared the contract.

Apr 15, 2020 sclaw

Exemption Clauses In Insurance Contracts Are To Be Construed Against Insurer In Case Of Doubt : SC [Read Judgment] LIVELAW NEWS NETWORK 15 April 2020 7:48 PM In a notable…

Accident

Motor Vehicles Act, 1988 – Section 149(2)(a)(ii) – Accident – Willful negligence while employing driver – While hiring a driver the employer is expected to verify if the driver has a driving licence – If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is cause to believe otherwise

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NIRMALA KOTHARI — Appellant Vs. UNITED INDIA INSURANCE CO. LTD. — Respondent ( Before : Navin Sinha and Krishna Murari, JJ. ) Civil Appeal…

Accident

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC HELD “If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is cause to believe otherwise. “

Mar 4, 2020 sclaw

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC [Read Judgment] Ashok Kini 4 March 2020 9:22 PM “If the driver produces a licence…

Accident

Motor Vehicles Act, 1988 – Section 168 – Compensation – Suffered serious injuries resulting in damage to brain -Normally interest should be granted from the date of filing of the petition and if in appeal enhancement is made the interest should again be from the date of filing of the petition.

Feb 5, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAJAL — Appellant Vs. JAGDISH CHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal No.…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw