Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Accident

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.…

Accident

Motor Vehicle – Accident – Death – authoritative pronouncement of this Court in National Insurance Co Ltd v. Pranay Sethi, (2017) 16 SCC 680, the claimants are entitled to an increase of 40% towards annual dependency on account of ‘future prospects’ given the undisputed age of the deceased – Non examination of witness -Courts should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true. – Appeal allowed.

Dec 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  ANITA SHARMA AND OTHERS — Appellant Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Surya Kant and Aniruddha…

Accident

Appellant was working as a typist/data entry operator in court premises in Delhi – High Court clearly erred in holding that compensation for loss of future prospects could not be awarded – High Court halved it to 45% on an entirely wrong application of some ‘proportionate’ principle (following the Pranay Sethi, (2017) 16 SCC 860 principle), which was illogical and is unsupportable in law

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH PAPPU DEO YADAV — Appellant Vs. NARESH KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and S. Ravindra…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw
Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw
Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw
Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw