Motor Vehicle Accident – Compensation Enhancement – Appeal against compensation awarded under Section 173 of the Motor Vehicles Act, 1988, for the death of a 23-year-old in a road accident – Tribunal awarded ₹5,21,000 as compensation – Appellant claimed inadequate compensation, contesting the tribunal's assessment of income and personal expenses deduction – Court considered notional income due to lack of documentary proof of the deceased's earnings – Modified the award by applying Pranay Sethi's guidelines and awarded ₹5,38,300 with 7.5% interest per annum – Appeal partly allowed with enhanced compensation [Paras 1-16].

Assessment of Income – No documentary evidence to prove income of the deceased – Tribunal relied on notional income of ₹3,000 per month, affirmed by the High Court – Held, fixation of notional income and multiplier of 18 was appropriate as per Sarla Verma and Pranay Sethi judgments – Future prospects at 40% of notional income applied, considering the deceased was below 40 years [Paras 5-9].

Conventional Heads – Enhanced compensation for funeral expenses, loss of estate, and loss of filial consortium awarded under Pranay Sethi – Rs.18,150 for funeral expenses, Rs.18,150 for loss of estate, and Rs.48,400 for loss of filial consortium allowed, replacing the lower tribunal's award – Compensation increased based on the legal precedents [Paras 10-13].

Decision – Appeal partly allowed – Compensation increased to ₹5,38,300 from ₹5,21,000 with 7.5% interest per annum from the date of claim filing – The respondent insurer directed to pay the revised amount within two months – No order as to costs [Paras 14-16].

Murder and Grievous Assault – Conviction Based on Child Witnesses – Sections 302 and 326 IPC – The appellant was convicted for the murder of his mother-in-law and causing injuries to his wife – The conviction was primarily based on the testimony of child witnesses, the sons of the appellant – Held: The testimonies of the child witnesses were found reliable and were corroborated by other evidence – The court held that child witness testimonies could be acted upon if found trustworthy after due scrutiny – The appeal was dismissed, confirming the trial court’s conviction and sentence [Paras 17-21, 24].

Dying Declaration – Lack of Signature – Effect on Evidentiary Value – The appellant challenged the dying declaration of the injured, arguing that it was suspicious due to the lack of the injured's signature – Held: The court observed that the dying declaration was recorded without the victim's signature on the final narration of the incident, which casts doubt on its reliability – Therefore, the dying declaration was not solely relied upon to prove the charge against the accused [Paras 14-16].

Corroboration and Independent Evidence – Child Witness Testimonies – The court noted that child witness evidence does not require rejection per se but should be scrutinized for reliability – The evidence provided by the child witnesses was corroborated by other witnesses and forensic reports – The blood found on the appellant’s lungi matched with the deceased's clothing, strengthening the prosecution's case [Paras 19-22].

Standard of Proof – Beyond Reasonable Doubt – The court reiterated that "beyond reasonable doubt" does not mean beyond all doubt – An unmerited acquittal based on insignificant circumstances does not serve justice – The prosecution’s case was found convincing, and the conviction under Section 302 IPC was upheld [Paras 26-27].

Decision: The criminal appeal was dismissed, confirming the trial court’s conviction and sentence of life imprisonment under Section 302 IPC and a ten-year sentence under Section 326 IPC. The court found that the prosecution had proven the charge against the appellant beyond reasonable doubt. The evidence, including the testimonies of child witnesses and forensic reports, was sufficient to uphold the conviction【Paras 27-29】.

Service Law - Regularization of Mess Workers – Industrial Disputes Act – Validity of Labour Court Award – Workers' Employment Temporary – The petitioners, NIT Kurukshetra, challenged the Labour Court's decision to regularize 250 mess workers on the grounds that they were never appointed through proper recruitment channels and were paid by student-run mess committees, not from university funds – Held: The Labour Court exceeded its jurisdiction by ordering regularization without considering the absence of sanctioned posts and the lack of a proper recruitment process – The Supreme Court’s judgment in Umadevi (2006) was applied, emphasizing that regularization without adherence to constitutional provisions violates Articles 14 and 16 – Labour Court's order quashed [Paras 24-27, 32-33].

Master-Servant Relationship – Employer-Employee Determination – Lack of Direct Control – The Labour Court mistakenly concluded that there was a Master-Servant relationship between NIT Kurukshetra and the mess workers due to the administrative control exercised by the Warden over the mess – Held: The mess workers were hired by student-run committees and paid from student funds, with no financial contribution from the university – Mere supervisory involvement does not establish an employer-employee relationship – Labour Court’s finding on this point set aside [Paras 34-35].

Unfair Labour Practice – Industrial Disputes Act, Fifth Schedule – No Powers for Regularization – The Labour Court incorrectly invoked unfair labour practice provisions under the Industrial Disputes Act to order regularization – Held: The Labour Court does not possess statutory authority under the Industrial Disputes Act to declare unfair labour practices and mandate regularization – Entry 10 of the Fifth Schedule of the ID Act was misinterpreted, and the powers under Section 30 of the MRTU & PULP Act were not applicable – The Labour Court's action was beyond its jurisdiction [Paras 16-20].

Creation of Posts – Executive Prerogative – Courts Cannot Mandate Post Creation – The Labour Court's direction for regularization of mess workers assumed the creation of posts within the university – Held: The creation of posts is an executive function, and neither the Labour Court nor the Constitutional Courts have the authority to mandate the creation of such posts – The judgment in Mahatma Phule Agricultural University and Umadevi was followed – Labour Court’s decision was legally unsustainable [Paras 21-24].

Decision: The writ petition is allowed. The Labour Court's award dated 12.01.2022 directing the regularization of the mess workers is set aside.

Motor Accident Claim – Proof of Negligence – Dismissal of Claim – Appellant claimed injuries caused by rash and negligent driving of an HRTC bus, resulting in permanent disability (15% of the right limb) – Tribunal dismissed the claim petition, holding that the appellant failed to prove negligence by the driver or conductor of the bus – Appeal dismissed by the High Court, reaffirming that negligence on the part of the driver is a sine qua non for compensation under Section 166 of the Motor Vehicles Act – No cogent evidence provided by the appellant to establish negligence [Paras 1-40].

Evidentiary Issues – Failure to Produce Material Evidence – Appellant did not produce any medical records from CHC Kumarsain or MGMSC Khaneri, nor did he examine any passengers of the bus – The petitioner’s evidence, including the police record (DD Entry No. 12A), did not support claims of negligence by the bus driver or conductor – Tribunal and High Court found no error in dismissing the claim due to lack of sufficient evidence [Paras 25-35].

Decision: Appeal dismissed – No error found in the Tribunal’s decision – Negligence not proven by the appellant, and thus no compensation awarded

Civil Procedure – Section 100 of CPC, 1908 – Second Appeal – Title dispute over land – Reversal of lower appellate court’s judgment by the High Court – Lower appellate court held that a mere suit for permanent injunction was not maintainable without a declaration of title, where the title was disputed – High Court held that the title of the plaintiff was sufficiently clear and not clouded by the defendant's claims, thus allowing the suit for injunction simpliciter and demarcation – Judgment of the trial court restored. [Paras 1-12]

Revenue Law – Orissa Survey and Settlement Rules – Tahasildar’s jurisdiction – High Court held that the Tahasildar could not correct the Record of Rights (ROR) after its publication based on facts that existed prior to the publication – The defendant’s challenge to the ROR correction was rejected as the proceedings were initiated long after the ROR’s publication, without involvement of necessary parties – Findings of the trial court on the invalidity of the mutation proceedings upheld. [Paras 10-14]

Decision – Appeal allowed – Judgment of the first appellate court set aside – High Court restored the trial court’s judgment, allowing the plaintiff’s suit for permanent injunction and demarcation – Held that there was no cloud over the plaintiff's title to necessitate a declaration of title. [Para 15-16]
 

Service Law – Recruitment – Seniority – Claim for Appointment and Seniority from 2007 Notification – The petitioner, Vijay Kaushik, applied for the post of Sub-Inspector (Executive) in the Delhi Police under the 2007 recruitment notification but was not selected as he scored 127 marks, one mark below the cut-off of 128. After being appointed under the 2009 recruitment process, he sought seniority from 2007, arguing that unfilled vacancies should have been filled from eligible candidates like himself​.

Unfilled Vacancies and Waiting List – Right to Appointment – The petitioner argued that vacancies left unfilled in 2007 should have been filled from a waiting list. However, the Court held that merely participating in the recruitment process does not confer an indefeasible right to appointment, and the respondent is not obligated to fill all vacancies unless a waitlist exists​.

Departmental Candidates – Parity in Appointments – The petitioner also sought parity with departmental candidates who were appointed against unfilled vacancies. The Court rejected this argument, noting that the departmental candidates were appointed under different circumstances, and their vacancies could not be claimed by the petitioner​​.

Decision: The petition was dismissed. The Court upheld the CAT’s decision, stating that the petitioner, having been appointed in 2009, could not claim seniority from 2007. His claims were found to be without merit​.

Maintenance – Limitation on Arrears – The petitioner challenged the order directing him to pay ₹1,20,000 in maintenance arrears, arguing that the claim was time-barred under Section 125(3) CrPC, which limits recovery of maintenance arrears to one year – The Court agreed, holding that the learned Magistrate had erred by ignoring the earlier order recognizing the time limitation – Warrant for recovery of maintenance exceeding one year quashed​.

One-Year Limitation – Section 125(3) CrPC – The Court reiterated that an application for recovery of maintenance must be made within one year from when the amount became due, and the Magistrate cannot issue a warrant for more than one year's arrears​.

Decision: Petition allowed – Order dated 25.12.2023 set aside – Petition filed by the respondent for maintenance arrears beyond one year dismissed​.

Indian Forest Act – Illegal Transportation of Guchhi – The State appealed against the acquittal of the respondent, who was apprehended while transporting 13.7 kg of Guchhi without a valid permit. The trial court acquitted the respondent on the grounds that the forest produce was being transported on behalf of a third party with a valid permit – The Court upheld the acquittal, observing that the trial court's view was reasonable and based on evidence​.

Expert Testimony – Forest Produce – The Court noted that the prosecution failed to prove the botanical classification of Guchhi as required under the applicable rules – The forest guard’s testimony lacked the necessary scientific data, making the prosecution's case weak​.

Non-Cognizable Offence – Lack of Police Jurisdiction – It was further held that the police could not have investigated the case without a magistrate’s permission since the offences under Sections 41 and 42 of the Indian Forest Act are non-cognizable​.

Decision: Appeal dismissed – Acquittal upheld​.

Service Law - Civil Law – Reservation in Promotion – Cadre of Head Teachers – Petition filed challenging the benefit of reservation to scheduled caste candidates beyond their entitled quota in promotions to Head Teachers – Petitioners contended that 20% quota for reserved category candidates had been exhausted – High Court directed the State to ensure that reservation did not exceed the prescribed quota as per R.K. Sabarwal vs. State of Punjab – Held: The State must ascertain the exact number of scheduled caste candidates promoted through reservation and adjust promotions accordingly to maintain parity with the 20% quota [Paras 1-10].

Reservation Quota – Calculation and Application – Petitioners argued that the reserved category candidates were being granted promotions to Head Teacher posts even after exhausting the 20% quota – Respondents countered that the promotions would be made in accordance with the total number of posts, ensuring the 20% reservation was respected – Court observed that promotions beyond 20% quota would not be allowed once all cadre posts had been filled under the roster [Paras 2-8].

Promotion Roster – Operation and Cessation – Court emphasized that once all 319 posts in the promotion quota were filled, the roster system for reservation would stop operating – Further promotions would be made only from the source that vacated the post, ensuring the reserved category did not exceed the mandated percentage [Paras 8-10].

Decision: Petition allowed – The State directed to conduct a review to ascertain the correct number of promotions granted under the reserved category and adjust future promotions accordingly – Promotions exceeding the 20% quota to be discontinued unless a new vacancy arises within the quota [Paras 9-10].