Facts:

The appellant, Singh Ram, appealed against the decision of the Motor Accident Claims Tribunal which found that the insured did not hold a valid driving license at the time of the accident.

The Tribunal directed the insurer to pay compensation to the claimant and recover it from the owner of the offending motorcycle.

The High Court upheld the Tribunal's decision based on the precedent set in National Insurance Co. Ltd. vs. Swaran Singh.

The appellant, as the owner and driver of the offending vehicle, appealed against the decision.

Issues:

Whether the Tribunal and the High Court erred in imposing liability on the appellant and granting a right of recovery to the insurer?

Held:

The Court referred to the precedent set in Swaran Singh and highlighted that the holder of a driving license has a 30-day period after its expiry to renew it. The burden of proof lies on the insurer to establish breach of policy conditions, such as the absence of a valid driving license, to avoid liability.

However, the breach must be fundamental and contribute to the cause of the accident. In the present case, the owner failed to depose in evidence and produced a fake license. Another license he attempted to produce had expired before the accident and was renewed well after the prescribed period.

The Court concluded that the owner had failed to take reasonable care and upheld the direction of the Tribunal and the High Court to pay and recover the compensation. Therefore, the appeal was dismissed, and no order was issued regarding costs.

Facts:

The appellant, Jagdish, was injured in a motor accident on November 24, 2011, resulting in severe injuries.

The accident occurred when Jagdish, riding a motorcycle, was hit by a dumper, causing 90% permanent disability.

Issues:

The appellant sought an enhancement of compensation on several grounds, including loss of future prospects, computation of disability, and increase in monthly income.

Held:

The Court determined that the appellant's claimed monthly income of Rs. 6,000/- was reasonable and allowed it for computation.

Considering the severity of disability, the Court held that the disability was 100% and increased the compensation accordingly.

The total compensation awarded to the appellant was Rs. 25,38,308/- along with interest at the rate of 9% per annum.

The Court directed the amount to be deposited before the Tribunal within a specified period.

The appeal was allowed, and no order was made regarding costs.

Facts:

The case involves a claim for compensation arising from a fatal road accident. The claimant's husband died in a collision with a truck, and the Motor Accident Claims Tribunal initially awarded compensation. The High Court later enhanced the compensation.

Issues:

The liability of the insurance company, which the Tribunal absolved based on the classification of the vehicle and the driver's license.

Held:

In reference to the previous judgment in Mukund Dewangan v. Oriental Insurance Company Limited, the Court clarified that a transport vehicle falling within the light motor vehicle category, with a gross weight not exceeding 7500 kg, can be driven by a driver with a license for a light motor vehicle, without requiring a separate endorsement. Therefore, the liability of the insurer cannot be absolved solely based on the classification of the vehicle and the driver's license.

The Court allowed the appeal, setting aside the Tribunal's order absolving the insurer from liability. It held that the liability shall be jointly and severally fastened on the insurer, owner, and driver.

Facts:

The claimant sustained injuries in a motor accident and sought compensation under Section 166 of the Motor Vehicles Act. Initially awarded Rs. 22,85,322/- by the Tribunal, the amount was reduced to Rs. 12,00,000/- by the High Court. The Supreme Court examined the evidence and computations to determine the appropriate compensation.

Issues:

Whether the compensation awarded by the Tribunal and subsequently reduced by the High Court was appropriate.

Whether the claimant's disability was temporary or permanent, affecting the quantum of compensation.

Held:

The Court found discrepancies in the Tribunal's computation of the claimant's income and identified errors in considering the disability as permanent. Consequently, the compensation awarded by the Tribunal was deemed excessive. The Court recalculated the compensation, awarding Rs. 5 lakhs for loss of income, Rs. 2 lakhs for trauma, pain, and suffering, and retaining Rs. 2,09,622/- for medical expenses, totaling Rs. 9,10,000/-. Interest at 9% per annum was also awarded from the date of filing the petition. The impugned judgment of the High Court was set aside, and the appeals were disposed of accordingly.

Facts:

A civil suit was filed, which was decreed by judgment and decree dated 07.12.2001.

An application for execution of the decree was filed by the legal heirs of the plaintiffs on 07.12.2003.

One of the appellants died on 02.03.2005, and an application for withdrawal of the execution case and appeal was filed on subsequent dates.

The appellant filed an application alleging forgery under Section 195(1)(b)(ii) CrPC against the respondent, who was the counsel for the appellants in the appeal.

The District & Sessions Judge ordered an inquiry under Section 195(1)(b)(ii), which was appealed by the respondent.

The High Court allowed the appeal, setting aside the order for registering a complaint against the respondent.

Issues:

Whether the allegations made by the appellant fall under Section 195(1)(b)(ii) CrPC.

Whether the withdrawal of the appeal and execution application affects the appellant's interests and justifies the complaint against the respondent.

Held and Decision:

The submission which has been raised by learned counsel for the appellant before us has to be stated to be rejected due to the reason that before the Session Court as well as before the High Court, the appellant has alleged an offence under Section 195(1)(b)(ii).( Para 15)

It is further to be noted that the execution application, which was filed by the decree holder was also withdrawn.( Para 16)

We thus fully endorse the view of the High Court that present is not a case where any complaint could have been proceeded with under Section 195(1)(b)(ii). We thus do not find any merit in this appeal and the same is dismissed.( Para 17)

Facts:

Thangaraj sustained severe injuries in a motor accident, resulting in a complete loss of sensation below the abdomen.

The Tribunal initially awarded compensation of Rs. 11,27,359 along with 12% interest per annum.

The High Court reduced the interest to 7.5% per annum while maintaining the compensation amount.

Issues:

Whether the assessment of compensation and interest by the Tribunal and subsequently modified by the High Court was appropriate.

Held:

The injuries sustained by the appellant were indeed severe, resulting in a complete loss of sensation below the abdomen.

The assessment of disability at 70% by the Tribunal was incorrect, and the nature of the disability was considered complete.

An additional amount of Rs. 3,00,000, previously deducted erroneously, was ordered to be paid to the appellant.

The appellant was entitled to interest at the rate of 9% per annum from the date of the claim petition, instead of the 7.5% awarded by the High Court.

The appeal was allowed, enhancing the compensation and interest as mentioned above.

The respondent was directed to pay the differential amount to the appellant within eight weeks from the date of the judgment.

Facts:

The case stemmed from the illegal storage of iron ore, resulting in the registration of a First Information Report (FIR) under relevant sections of the Karnataka Forest Act, 1963, and Rules of 1969.

Significant quantities of illegally stored iron ore were seized on 20th March 2010.

Investigations were conducted by the Central Bureau of Investigation (CBI) and the Special Investigation Team (SIT) of Karnataka Lokayukta, leading to the submission of final reports in various criminal cases.

The State filed an application seeking permission to dispose of the seized iron ore through e-tender, which was allowed by the court on 8th May 2015.

Issues:

The legality of releasing the seized iron ore in favor of the respondent (M/S Vedanta Limited) based on the acceptance of a final report by the CBI Judge on 15th December 2015.

Held:

The Supreme Court scrutinized the legal proceedings and found that the final report accepted on 15th December 2015 pertained to a different case (Crime No. 2/2014) and was not relevant to the proceedings in which the application for release of seized iron ore was allowed on 8th May 2015.

Therefore, the High Court's decision was deemed erroneous, and the Supreme Court set aside the judgment.

It was directed that it would be open for the respondent to file an appropriate application before the concerned criminal court for release of the seized iron ore by establishing its existence and ownership rights. This application would be considered by the jurisdictional criminal court in accordance with the law.

Facts:

Anu Bhandari and Pradip Bhandari, who were married in 1997, had been living separately since March 2011 due to marital discord. They had two children. The parties were involved in various civil and criminal litigations, with a total of twenty-three cases pending before different courts.

Efforts for settlement had been made previously, including the intervention of Justice Lisa Gill and the appointment of Meenakshi Arora as a mediator. However, these efforts were not fully successful until the parties appeared before the Supreme Court.

Issues:

The court was to resolve the matrimonial disputes between Anu Bhandari and Pradip Bhandari and to facilitate their divorce by mutual consent.

Held:

The court dissolved the marriage between Anu Bhandari and Pradip Bhandari by a decree of divorce by mutual consent. This decision was based on the settlement reached by the parties and their conscious decision, uninfluenced by any extraneous factors. The court also quashed, dismissed, or disposed of various cases according to the terms of the settlement.

Additionally, the court issued directions for the transfer of property and the payment of a specified amount. It emphasized the importance of courts actively intervening to assist parties in reaching settlements, as mandated by Section 9 of the Family Courts Act, 1984.

The judgment appreciated the efforts of Justice Lisa Gill, Meenakshi Arora, and the legal counsels involved. The Civil Appeals were disposed of with no order as to costs.

Facts:

A loan was granted by a non-financial company (not covered under the SARFAESI Act) to the respondent borrower.

Subsequently, the non-financial company merged with the appellant-company, a financial company covered by the SARFAESI Act.

The appellant initiated proceedings under the SARFAESI Act for the recovery of the loan.

Issues:

Whether the provisions of the SARFAESI Act could be invoked in this case where the company granting the loan was not covered by the Act at the time of granting the loan.

Whether proceedings under the SARFAESI Act were barred if a case was filed under Section 9 of the Arbitration Act, invoking an arbitration clause.

Held:

The loan, debts, and financial assets stood vested in the appellant pursuant to the amalgamation scheme filed under Sections 391 and 394 of the Companies Act, 1956. Upon sanctioning of the scheme, all assets including loans, recoveries, security, interest, financial documents, etc., got transferred to and vested in the appellant. The respondent borrowers became borrowers of the appellant as if the financial assistance was granted by the appellant to them.

The debt with underlying securities was considered the asset of the predecessor company, which had the right to transfer/assign its assets to any person without seeking consent of the borrower.

The court rejected the argument that the merger was devised solely to bring the provisions of the SARFAESI Act into effect for the recovery of dues from the borrowers.

Proceedings under the SARFAESI Act are to be placed on a higher pedestal, given that the Act provides a speedy remedy to banks and financial institutions without recourse to the court of law. Merely because steps were taken under the Arbitration Act did not foreclose the remedy under the SARFAESI Act.

The respondent was treated as a 'borrower', the arrangement was classified as a 'security arrangement', the agreements created 'security interest', and the appellant became a 'secured creditor' under the SARFAESI Act.

Decision: The appeal was allowed, affirming the application of the SARFAESI Act and prioritizing its provisions over general laws.