Supreme Court of India Judgements

46695 Judgements hosted as on 19/01/2025 - Search (FREE), Subscribe, Read & Download

Category: Accident

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…

Accident

Motor Accident Compensation: Pranay Sethi Judgment Doesn’t Limit Operation Of Statute Providing Greater Benefits HELD If a statutory instrument has devised a formula which affords better or greater benefit, such statutory instrument must be allowed to operate unless the statutory instrument is otherwise found to be invalid

Aug 8, 2021 sclaw

the Insurance Company had contended that sub-rule 3(iii) of Rule 220A of Uttar Pradesh Motor Vehicles Rules, 1998 is contrary to the conclusions arrived at by the Constitution Bench of…

Accident

HELD definition of “vicarious liability” it can be inferred that the person supervising the driver is liable to pay the compensation to the victim – During such time, however, it will be deemed that that vehicle was transferred along with the insurance policy, even if it were insured at the instance of the original owner

Jul 25, 2021 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. NATIONAL INSURANCE CO. LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer…

Accident

Accident – Compensation – Deceased was self employed and was 37 years old – Annual income was Rs. 2,55,349 – After deducting personal and living expenses and adding future prospects, the annual income is determined at Rs. 2,38,326 – Multiplier of 15 is appropriate, considering the age of the deceased

May 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAHUL SHARMA AND ANOTHER — Appellant Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and…

Accident

Drunken driving – Breath analyzer test or blood test is not mandatory for an insurer to deny an accident policy claim on the ground of drunken driving – Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause – What is required to be proved is driving by a person under the influence of the alcohol –

Apr 18, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED — Appellant Vs. PEARL BEVERAGES LIMITED — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee and K.M.…

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