Supreme Court of India Judgements

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Category: Accident

Accident

In National Insurance Company Limited v. Pranay Sethi and Others, (2017) 16 SCC 680, this Court has awarded a total sum of Rs.70,000/- under conventional heads, namely, loss of estate, loss of consortium and funeral expenses – The said Judgment of the Constitution Bench was pronounced in the year 2017. Therefore, the claimants are entitled to 10% enhancement. Rs.16,500/- is awarded towards loss of estate and conventional expenses and Rs.44,000/- is awarded towards spousal consortium. Thus, the total compensation payable to the claimants is Rs.31,01,000 – Appeal disposed of.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASMITA BISWAL AND OTHERS — Appellant Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and…

Accident

Motor Vehicles Act, 1988 – Section 168 – Motor Accident Death – Enhancement of compensation – Determination of future economic loss – In case deceased who was not serving at the time of death and had no income at the time of death, their legal heirs shall also be entitled to future prospects by adding future rise in income –

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. MEENA PAWAIA AND OTHERS — Appellant Vs. ASHRAF ALI AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Accident

Rash and negligent act simplicitor and not a case of driving in an inebriated condition which is, undoubtedly despicable – HELD the conviction of the appellant under Sections 279 and 304A IPC is maintained. However, the substantive sentence of imprisonment is reduced to the period already undergone. Imposition of fine is also affirmed. Besides the fine, an amount of Rs. 3 lakhs which has been deposited by the appellant by way of compensation in the Registry of this Court be transferred to the Motor Accident Tribunal which shall be released by the Tribunal to the widow of the deceased.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAGAR LOLIENKAR — Appellant Vs. THE STATE OF GOA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

Accident

Fixing notional income at Rs.15,000/- per annum for non-earning members is not just and reasonable, Schedule-II is not yet amended – It appropriate to take notional income of the deceased at Rs.25,000/- (Rupees twenty five thousand only) per annum. Accordingly, when the notional income is multiplied with applicable multiplier ’15’, as prescribed in Schedule-II for the claims under Section 163-A of the Motor Vehicles Act 1988

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KURVAN ANSARI ALIAS KURVAN ALI AND ANOTHER — Appellant Vs. SHYAM KISHORE MURMU AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

Accident

Motor Accident – Permanent disability – Loss of Earning Capacity – – Courts should strive to provide a realistic recompense having regard to the realities of life, both in terms of assessment of the extent of disabilities and its impact including the income generating capacity of the claimant. In cases of similar nature, wherein the claimant is suffering severe cognitive dysfunction and restricted mobility, the Courts should be mindful of the fact that even though the physical disability is assessed at 69%, the functional disability is 100% in so far as claimant’s loss of earning capacity is concerned – Loss of earning capacity must be fixed at 100% – Compensation enhanced to Rs.27,67,800 – Appeal allowed.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITHENDRAN — Appellant Vs. THE NEW INDIA ASSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

Accident

Compensation – Claim petition filed by mother in law ‘dependent’ – Maintainability – Mother ­in ­law was living with the deceased and his family members – In order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency – Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realization of compensation – Mother in law of deceased is legal representative under Section 166 of MV Act and entitled to maintain the claim petition.

Oct 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  N. JAYASREE AND OTHERS — Appellant Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

Accident

Death in accident – Driven negligently by not maintaining sufficient distance – Compensation – Appeal against Enhancement – It is to be noted that PW–1 herself travelled in the very car and PW–3, who has given statement before the police, was examined as eye–witness – In view of such evidence on record, there is no reason to give weightage to the contents of the First Information Report – High Court has rightly held that the accident occurred only due to the negligence of the driver of Eicher van – Appeal dismissed.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LIMITED — Appellant Vs. CHAMUNDESWARI AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

Accident

Loss of dependency – Enhancement of compensation – Merely because claimants were unable to produce documentary evidence to show the monthly income of deceased, same does not justify adoption of lowest tier of minimum wage while computing the income – Deceased was in possession of heavy vehicle driving licence and was driving such vehicle on the day of accident – the income of the deceased at Rs.8000/­ per month for the purpose of loss of dependency – By applying the multiplier of ’16’ the claimants are entitled for compensation of Rs.14,33,664/­.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA @ CHANDA @ CHANDRARAM AND ANOTHER — Appellant Vs. MUKESH KUMAR YADAV AND OTHERS — Respondent ( Before : R. Subhash Reddy and…

Accident

Appeal against decision of High Court–At very initial stage it was contended by A2 that accident caused before the bus arrived at the scene–Later it was contended that bus driver was negligent therefore, accident was caused–A2 had not come forward to be examined as to how the accident had actually taken place–Reversal of award of MACT cannot be held to be preserve–Motor Vehicles Act, 1988, Section 167.               

Sep 12, 2021 sclaw

2009(2) LAW HERALD (SC) 795 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 1104 Of 2009…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw