Criminal Law - Culpable Homicide - Indian Penal Code 1860 - Section 304 Part II and Section 34 - Incident occurred in 1997 involving an altercation over a defective watch sold by the deceased to one of the accused - Scuffle ensued near the edge of a dry canal with a rocky bed - Accused allegedly pushed the deceased into the canal - Prosecution witnesses claimed the appellant struck the deceased with a heavy stone - Post-mortem revealed extensive head injuries including compound comminuted fracture of the skull and lacerated wounds - Trial Court and High Court convicted the accused under Section 304 IPC and sentenced them to five years rigorous imprisonment - Two co-accused died during the pendency of the appeal - Surviving appellant Mathu alias Jagdish aged over sixty years - Held - Nature of injuries recorded in the post-mortem report indicates they were likely caused by the abrupt fall into the rocky canal rather than by stones thrown with human force - Scenario of causing death by throwing stones found not plausible - Finding that Section 304 Part II IPC is applicable as the act was done with knowledge but without intention to cause death - Considering the incident is nearly thirty years old and the appellant has already served over eighteen months in prison the sentence is modified to the period already undergone while maintaining the conviction - [Paras 1-18].

Evidence Law - Ocular Testimony vs Medical Evidence - Indian Penal Code 1860 - Section 304 - Conflict between eyewitness claims and physical injuries - PW-2 and PW-3 testified that the appellant threw stones hitting the deceased on the head - Post-mortem showed brain cavity deep lacerations and comminuted fractures - Investigating Officer seized one stone but no forensic report was exhibited - Court observed that the nature and extent of the head injuries were only consistent with a fall onto a rock bed - Held - Prosecution accusation regarding stone throwing as the cause of fatal injury is not plausible when viewed against the medical findings - Conviction sustained on the basis of the push leading to the fall during the scuffle - [Paras 7-11].

Decision: Criminal Appeal allowed in part – Conviction maintained – Sentence modified to the period of imprisonment already undergone – Bail bonds discharged.

Civil Law - Motor Accident Claim - Motor Vehicles Act 1988 - Enhancement of compensation - Appellant carpenter aged 38 years suffered 70 percent medical disability due to amputation of right leg in a vehicular accident - Motor Accident Claims Tribunal awarded Rs 477823 - High Court enhanced award to Rs 1151423 - Appellant sought further enhancement before Supreme Court - Court observed that functional disability must be assessed in the context of the victims occupation - For a carpenter who requires the ability to sit squat and stand without support the loss of a leg results in 100 percent functional disability regardless of a lower medical percentage - Notional income for a skilled artisan increased from Rs 5000 to Rs 9000 per month - Multiplier of 15 applied - Future prospects at 40 percent added as per Pranay Sethi - Held - Total compensation enhanced to Rs 3595923 with 6 percent interest per annum - [Paras 1-11].

Civil Law - Skilled Worker Status - Notional Income - Artisan - Carpentry - The Court analyzed the definition of an artisan as one skilled in a trade requiring manual dexterity - Carpentry identified as a skilled job and an industrial art - Held - It is unfair to classify a carpenter as an unskilled worker for compensation purposes - Notional income must reflect the potentiality of a skilled job to fetch higher earnings - Income assessed at Rs 9000 per month to strike a balance between claims and prevalent minimum wages - [Paras 5.2-5.3.2].

Civil Law - Functional Disability vs Medical Disability - Occupational Impact - Medical certificate assessed physical impairment at 70 percent - Appellant contended disability is 100 percent for his trade - Court held that functional disability is what is felt by the injured in their day-to-day avocation - An injury rendering a person incapable of performing their specific work leads to 100 percent functional disability - Held - Since the appellant can no longer sit in a squatted or cross-legged manner essential for carpentry his earning capacity is totally eclipsed - [Paras 5.6-5.7.6].

Civil Law - Future Medical Expenses - Prosthetic Leg - Restoration of Position - Court noted that amputation has long-term repercussions requiring artificial limbs that need periodic replacement and maintenance - Average life expectancy of 75 years requires at least six replacements for a 38-year-old claimant - Held - Award of Rs 1000000 granted towards the cost and lifetime maintenance of a prosthetic leg to restore the injured as nearly as possible to the position prior to the accident - [Paras 5.9-5.9.3].

Decision: Appeal allowed - Total compensation enhanced to Rs 35,95,923 with 6% p.a. interest - Respondent No. 1 directed to deposit additional amount within six weeks.

Civil Law - Negligence - Motor Vehicles Act 1988 - Sections 166 and 173 - Contributory Negligence - Accident occurred in the early hours at 3:00 am when a Wagon-R car collided with a truck parked in the middle of the road - Claimants alleged the truck lacked parking lights indicators or reflectors - Truck driver and owner failed to enter the witness box to rebut evidence or substantiate the plea of vehicle puncture - Tribunal and High Court concurrently held the truck driver solely negligent and rejected the plea of contributory negligence - Supreme Court observed that a stationary vehicle occupying the road in the dead of night without warning signs poses an evident hazard - Adverse inference was rightly drawn against the truck driver - Held - No reason to interfere with concurrent findings of fact regarding the proximate cause of the accident - [Paras 3-18].

Civil Law - Compensation - Motor Vehicles Act 1988 - Section 166 - Loss of Dependency - Assessment of Income - Deceased was a 20-year-old bachelor pursuing CA Final and undergoing articleship - Tribunal assessed monthly income at Rs 55,500 based on the salary of an entry-level Group-A officer instead of the actual stipend - Insurer contended the award was excessive and based on hypothetical considerations - Supreme Court noted that the deceased was at the threshold of a professional career - The principle of just compensation provides a measure of solace and does not require exact mathematical equivalence - Assessment of future prospects must be viewed holistically given the human element involved - Held - Methodology adopted by the Tribunal as affirmed by the High Court was fair and reasonable - [Paras 9-23].

Civil Law - Filial Consortium - Motor Vehicles Act 1988 - Section 166 - Conventional Heads - Tribunal and High Court omitted awarding compensation under the head of consortium - Claimants sought enhancement on this ground - Supreme Court reaffirmed that the Act is beneficial legislation and the Court must ensure just compensation even if a conventional head is omitted by lower courts - Parents of an unmarried son are entitled to filial consortium as per established legal principles - Held - Award enhanced by Rs 40,000 each for the two parents totaling Rs 80,000 plus 10 percent increase as per the Pranay Sethi guidelines - [Paras 24-30].

Decision: Appeal by insurer dismissed - Appeal by claimants partly allowed - Total compensation enhanced from Rs 81,21,900 to Rs 82,01,900 with interest - Insurer directed to deposit the enhanced amount within four weeks.

Criminal Law - Sentencing - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Forgery and use of forged documents in judicial proceedings - Appellant convicted for producing forged revenue document for furnishing surety - Trial Court sentenced to five years rigorous imprisonment affirmed by High Court - Supreme Court considered mitigating factors including long passage of time since 2014 - absence of criminal antecedents - detection of forgery at threshold stage without pecuniary loss - incarceration of over two years already undergone - Held - ends of justice met by modifying sentence to period already undergone while maintaining conviction - [Paras 1-28].

Criminal Law - Sentencing Policy - Proportionality - Principle of proportionality requires balancing nature of offence with attendant facts and mitigating circumstances - Sentencing should not be a purely retributive exercise divorced from the factual matrix and circumstances of the offender - Held - long lapse of time and absence of repeat conduct are relevant for moulding sentence - [Paras 18-21].

Decision: Appeal partly allowed – Substantive sentence reduced to the period already undergone while maintaining conviction and fine.

Civil Law - Specific Performance - Specific Relief Act 1963 - Section 16(c) - Readiness and Willingness - Appellants challenged High Court order setting aside decree for specific performance of agreement to sell dated 20-12-1990 - Trial Court had decreed the suit holding that time was not of essence and plaintiff was ready - High Court reversed finding that plaintiff failed to prove continuous readiness and willingness and noted laches of nearly three years in filing the suit - Supreme Court observed that readiness refers to financial capacity while willingness refers to conduct and intention - Plaintiff failed to provide evidence of funds at the time of agreement or suit filing - FDRs produced were dated between 1999 and 2001 while suit was filed in 1993 - Held - Continuous readiness and willingness is a condition precedent for specific performance - Passive conduct regarding statutory permissions and unexplained delay in approaching the court disentitles a party to equitable relief - Appeal dismissed - [Paras 1-44].

Civil Law - Financial Capacity - Specific Relief Act 1963 - Section 16(c) - Proof of Readiness - Plaintiff relied on four Fixed Deposit Receipts totaling Rs 280000 to show financial readiness - Court found FDRs were generated several years after institution of suit - Held - Availability of funds must be proved with reference to the relevant point of time and not by relying on financial documents created long after filing of the suit - [Paras 35-37].

Civil Law - Equitable Relief - Specific Relief Act 1963 - Section 20 - Impact of Delay - Suit for specific performance filed on 20-12-1993 at the very end of the limitation period following a 1991 refusal notice - Court examined impact of delay on discretionary relief - Held - Conduct of a party claiming equitable relief must be beyond reproach and involve promptitude - Filing suit at the fag end of limitation reflects lack of continuous readiness and willingness which is a sine qua non for grant of relief - [Paras 39-42].

Civil Law - Statutory Permissions - Urban Land (Ceiling and Regulation) Act 1976 - Permission for Transfer - Agreement required clearance under ULCRA - Plaintiff failed to furnish necessary affidavits for obtaining clearance and remained passive - Held - Failure to cooperate in completing formalities for effectuating title establishes lack of willingness to perform the contract - [Paras 38-42].

Decision: Appeal dismissed – Judgment of the High Court setting aside the decree for specific performance affirmed – No costs.

Civil Law - Motor Accident Compensation - Motor Vehicles Act 1988 - Section 166 - Enhancement of Award - Appellant a 30-year-old mason sustained grievous injuries resulting in amputation of right leg above the knee due to a collision with a rashly driven lorry - Tribunal awarded Rs. 10,84,330 by assessing monthly income at Rs. 6,000 and permanent disability at 70% - High Court enhanced income to Rs. 12,000 and total compensation to Rs. 23,86,320 but inadvertently calculated 40% future prospects on the Tribunal's income assessment rather than the enhanced income and omitted certain heads like nutrition and medical expenses - Supreme Court observed that the High Court and Tribunal failed to distinguish between physical and functional disability - Held - The work of a mason is a manual avocation requiring continuous use of both legs and amputation above the knee effectively results in total loss of earning capacity for such work - Functional disability assessed at 100% - Future prospects recalculated at 40% of the enhanced income - Future medical expenses for artificial limb increased to Rs. 2,00,000 - Total compensation enhanced to Rs. 40,29,730 with 7.5% interest - [Paras 1-31].

Civil Law - Functional Disability - Motor Vehicles Act 1988 - Section 166 - Loss of Earning Capacity - Distinction between physical disability and functional disability - Assessment of compensation for permanent disability must not mechanically apply the physical disability percentage as the economic loss percentage - Tribunal must ascertain the activities the claimant could carry on despite disability versus their previous avocation - Appellant was a mason whose work required physical agility - Held - Amputation of a leg for a manual laborer renders him incapable of pursuing his sole source of livelihood - Functional disability must be treated as 100% even if physical disability is certified at 70% - Ratio in Raj Kumar vs Ajay Kumar followed - [Paras 19-26].

Decision: Appeal partly allowed – Compensation enhanced to Rs. 40,29,730 – Insurance Company directed to deposit enhanced amount within six weeks.

Civil Law - Land Reform - U.P. Zamindari Abolition and Land Reforms Act 1950 - Sections 154 and 163 - Appellants claimed title via 1957 sale deed - Consolidation authorities and High Court held deed void for violating land ceiling limits and failing to prove execution - Supreme Court observed that under unamended Section 163 transfers in violation of Section 154 were not void but voidable at the instance of Gaon Sabha via ejectment suit within limitation - No such suit was filed - Held - the sale deed dated 04.06.1957 governed by unamended provisions could not be treated as void ipso facto - [Paras 1-34].

Civil Law - Statutory Interpretation - Retrospective Operation - U.P. Zamindari Abolition and Land Reforms Act 1950 - Sections 166 and 167 - 1982 Amendment omitted Section 163 and expanded Section 166 to render all violating transfers void with automatic vesting in State - Respondents argued law at time of consolidation should apply - Supreme Court held that amendments affecting substantive rights and accrued liabilities are prospective unless express intention suggests otherwise - Held - 1982 amendment cannot retrospectively alter legal consequences of a 1957 transaction - [Paras 35-42].

Civil Law - Jurisdiction - U.P. Consolidation of Holdings Act 1953 - Sections 5(2)(a) and 49 - Competence of consolidation authorities to disregard registered instruments - Authorities rejected appellants claim by treating the registered deed as void - Supreme Court reiterated the distinction between void and voidable documents - Held - while authorities can ignore void documents they lack jurisdiction to cancel voidable ones which remain binding until set aside by a competent Civil Court - [Paras 43-49].

Evidence Law - Registered Documents - Indian Evidence Act 1872 - Section 79 - Presumption of validity - Authorities doubted execution based on minor discrepancies in attesting witness description recorded 38 years after execution - Supreme Court held that a registered sale deed carries a formidable presumption of validity and solemnity - Held - minor variations in witness testimony after decades do not dislodge statutory presumption and burden to prove fraud or fabrication lies heavily on the challenger - [Paras 50-59].

Decision: Civil Appeal allowed – Impugned judgment and orders set aside – Authorities directed to record names of appellants in revenue records – No order as to costs.

Civil Law - Mandatory Injunction - Code of Civil Procedure 1908 - Section 100 and Order XXI - Legal heirs of original plaintiff challenged the judgment of the Punjab and Haryana High Court which reversed concurrent decrees for mandatory injunction for removal of illegal encroachment - Original plaintiff filed suits for removal of a wall and a lintel constructed by defendants on common open space and plaintiff's wall respectively - Trial Court and First Appellate Court concurrently decreed the suits directing removal of illegal constructions - In the first round of second appeals the High Court modified the decrees to monetary compensation without framing substantial questions of law - Supreme Court previously set aside those orders and remanded the matter for fresh consideration - On remand the High Court again set aside the removal decrees and directed the Executing Court to assess the value of the constructions for monetary compensation to do justice - Supreme Court observed that the plaintiff never sought damages or compensation and did not consent to monetary relief - Held - High Court committed a grave error by compelling legal heirs to accept compensation for which no prayer was made - such exercise of seeking to compensate one party at the cost of the other without any prayer or consent results in miscarriage of justice - without an available question of law for consideration and by making out a new prayer the High Court exceeded its jurisdiction under Section 100 CPC - Impugned common judgment set aside and appeals remanded to High Court for adjudication on merits - [Paras 1-7].

Civil Law - Execution of Decrees - Code of Civil Procedure 1908 - Order XXI - Direction to Executing Court - High Court set aside the decrees for removal of encroachment but directed the Executing Court to assess the valuation of the offending wall to compensate the plaintiff - Held - once a decree is set aside there is no occasion for the Executing Court to proceed with execution proceedings as no decree remains in the field - directing an assessment of value without a supporting decree is an exercise not supported by Order XXI CPC - [Para 5b].

Civil Law - Second Appeal - Code of Civil Procedure 1908 - Section 100 - Scope of interference - High Court reversed concurrent findings on a factually wrong premise that the Trial Court found the wall to be a common wall - High Court failed to indicate whether the urged questions were treated as substantial questions of law - Held - High Court ought to have adjudicated the appeals on their own merits strictly in accordance with Section 100 CPC - [Paras 5d-6].

Decision: Civil Appeals allowed – Common judgment dated 02.05.2016 passed by the High Court set aside – Matter remanded to the High Court for fresh consideration on merits – No order as to costs.

Writ Law - Fundamental Rights - Constitution of India - Articles 13, 19 and 21 - Right to Walk - Appellant's five-year-old son was crushed by a tanker while walking to school in an area without footpaths or pedestrian crossings - Claim for compensation filed under the Motor Vehicles Act 1988 - High Court reduced the MACT award leading to an appeal - Supreme Court observed that the Right to Walk is inextricably connected to the right to life and is guaranteed under Article 19(1)(d) - Court noted that the right to move freely has been eclipsed by motorised transport and the Motor Vehicles Act 1988 remains vehicle-centric rather than human-centric - Declared that the primary right of movement is the Fundamental Right to Walk which precedes movement on wheels - Held - The Right to Walk is a fundamental right under Part III of the Constitution and includes the right to safe demarcated footpaths - These rights are primary and shall have priority over motorised vehicles - Duty bearers including Urban Development Authorities and Municipalities have an enforceable duty to provide and maintain footpaths - Violation entitles citizens to restitutionary and constitutional remedies - [Paras 1-16 and 20].

Civil Law - Motor Accident Claims - Motor Vehicles Act 1988 - Section 166 - Compensation for Death of Minor - MACT awarded Rs. 7,82,000 for the death of a five-year-old child which the High Court reduced to Rs. 4,70,000 - Supreme Court found the High Court in error - Applied the ratio from Karuna Parmar v. Prakash Sinha - Determined income based on skilled worker notifications under the Minimum Wages Act 1948 - Calculated monthly income at Rs. 6,690 with 40 percent addition for future prospects and 50 percent deduction for personal expenses - Multiplier of 18 applied - Held - High Court order set aside - Compensation enhanced to Rs. 11,44,628 including loss of dependency consortium estate and funeral expenses - [Paras 17-19].

Decision: Appeals allowed – Compensation enhanced to Rs. 11,44,628 to be paid within two months – Right to Walk declared a Fundamental Right – Registry directed to send judgment to relevant Ministries and Law Commission to initiate statutory framework for pedestrian rights – Case re-titled as Re: Fundamental Right to Walk and Footpath.