Supreme Court of India Judgements

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Category: Accident

Accident

Accident–Liability of insurance company–Death of a person travelling in a private car–Whether the insurance policy covered the risk of the passenger travelling in the car–Such person indisputably would come within the purview of the liability to third party–There being no limitation with regard to coverage, in terms of the provisions of the Act, no upper limit is fixed–Liability of the insurer, thus unlike the old Act, may not be limited–Matter requires consideration by a Larger Bench

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 3335 of…

Accident

Deceased had graduated in Business Administration from U.K. where as a student, he was also doing part-time job earning an amount of 1,008 pounds (Rs. 80,000/-) p.m.–When the accident took place in India he was not working–Tribunal considering that he was still a student assessed his monthly income only at Rs. 18,000/- on notional basis–Fair amount of compensation should have been calculated 25,000/- p.m. being about 1/3rd of amount which he was receiving in U.K.–Appeal by insurance company dismissed and that of appellant allowed

Nov 20, 2018 sclaw

2010(1) LAW HERALD (SC) 337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 3482 of 2009…

Accident

Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses may be restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.

Nov 7, 2018 sclaw

2018(3) Law Herald (SC) 2410 : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Accident

Accident—Claim Petition—Finding of fact—Eye witnesses examined by the claimants were neither discarded as untruthful nor the High Court has found any contradiction in their version—Therefore, High court was wrong in reversing the finding of facts recorded by the tribunal by solely relying on the version of interested witness examined by the appellants in defence—Impugned order of High Court set aside.

Nov 6, 2018 sclaw

2018(3) Law Herald (SC) 1859 :2018 LawHerald.Org 1264 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No. 8411…

Accident

Accident–Disability @ 25%–Injured was unmarried boy of 25 years—He suffered fracture of both pelvic bones-­ He suffered partial but permanent disability in his body which reduced his movement capacity to a larger extent—He was earning Rs 4000/- p.m.–He had spent substantial amount on treatment and has also lost his job—Tribunal had awarded Rs. 3.43 lakhs—Keeping in view, circumstances of cases further enhancement of Rs. 5 lakhs without interest awarded.                                                                      

Oct 30, 2018 sclaw

2018(3) Law Herald (SC) 2302 : 2018 LawHerald.Org 1453 IN THE SUPREME COURT OF INDIA                                                      Before      Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit…

Accident

Income-Deceased aged 38 years was in the business of selling desi ghee and namkeen bhujia in a small village—Held; Income assessed by Tribunal as Rs.1200/ – per month is on lower side—Income should have been assessed at Rs.2500/- per month keeping in view circumstances of case

Oct 28, 2018 sclaw

2018(3) Law Herald (SC) 2305 : 2018 LawHerald.Org 1492 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Honble Mr. Justice A M Khanwilkar Civil Appeal No.7279of2018 (Arising…

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Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.

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I B C

Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.

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