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Consumer protection

SANT ROHIDAS LEATHER INDUSTRIES AND CHARMAKAR DEVELOPMENT CORPORATION LTD. versus VIJAYA BANK

Because the Bank asserted that the FDR had been pledged to avail an overdraft and the appellant alleged that such pledge/loan was fraudulent (with a criminal complaint pending), there was a serious unresolved factual dispute going to whether the deposit was made for a commercial purpose; that dispute and allegations of fraud could not be resolved in summary consumer proceedings and therefore the complaint was not maintainable and dismissal by the NCDRC was justified.

Source excerpt

  • Definition of consumer
  • Commercial purpose
  • Fixed deposit receipt (fdr)
  • Deficiency in service
  • Maintainability of consumer complaint
  • Pledge/hypothecation
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Motor vehicles act, 1988

R. HALLE versus RELIANCE GENERAL INSURANCE COMPANY LIMITED

The Supreme Court held that on the uncontroverted medical and neuropsychological evidence (Medical Board certificate and neuropsychological assessment showing severe memory impairment, frontal lobe dysfunction and IQ 65 with partial blindness and orthopedic limitations) the appellant's injuries cumulatively rendered him functionally incapable of discharging his pre-accident managerial duties; accordingly functional disability for computation of loss of earning capacity was to be assessed at 100%, the MACT and High Court awards were modified and total compensation was recalculated to Rs.97,73,…

Source excerpt

  • Assessment of disability
  • Loss of earning capacity
  • Enhancement of compensation
  • Reappreciation of evidence by appellate court
  • Neuropsychological assessment
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Medical negligence

DEEP NURSING HOME AND ANOTHER versus MANMEET SINGH MATTEWAL AND OTHERS

The NCDRC exceeded its jurisdiction by deciding antenatal negligence which was not pleaded; successive Medical Boards/Committees (constituted at the complainant's instigation) did not find gross medical negligence; therefore findings of negligence and the orders awarding compensation cannot be sustained and the appeals must be allowed, setting aside the NCDRC and SCDRC orders.

Source excerpt

  • Medical negligence
  • Deficiency in service
  • Res ipsa loquitur
  • Antenatal care
  • Post-delivery treatment
  • Jurisdiction
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Motor accident law

S. MOHAMMED HAKKIM versus NATIONAL INSURANCE CO. LTD. & ORS.

The Supreme Court held that while the appellant was contributorily negligent for not maintaining sufficient distance and driving without a valid licence, the root cause was the sudden braking by the car driver; apportionment of negligence was fixed as car driver 50%, bus driver 30% and appellant 20%. The Court fixed notional monthly income at Rs.20,000, multiplier 18 and future prospects at 40%, computed loss of income at Rs.60,48,000; upheld attendant charges at Rs.18,00,000 and future medical expenses at Rs.5,00,000, increased loss of marital prospects to Rs.5,00,000 and fixed total compens…

Source excerpt

  • Contributory negligence
  • Quantification of compensation
  • Notional income
  • Multiplier
  • Future prospects
  • Attendant charges
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Motor vehicle act, 1988

SRIKRISHNA KANTA SINGH versus THE ORIENTAL INSURANCE COMPANY LTD. & ORS.

The Supreme Court held that on the preponderance of probabilities the accident was caused by rash and negligent driving of the trailer; the Tribunal and High Court erred in finding contributory negligence against the scooter driver merely because he held a learners licence or because the collision occurred at the tail-end of the trailer; accordingly the appellant was entitled to the full award of ₹16,00,000 to be paid by the insurer of the trailer with stipulated interest and deductions.

Source excerpt

  • Contributory negligence
  • Learners licence
  • Pillion rider
  • Just compensation
  • Standard of proof
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Motor vehicles act

K.S. MURALIDHAR versus R. SUBBULAKSHMI & ANR.

Both the Tribunal and the High Court were correct in treating the claimant's functional disability as 100%; the High Court's computation of future prospects was modified to apply a 50% addition under Pranay Sethi; the award under 'pain and suffering' was enhanced to Rs.15,00,000 given the severity and lifelong nature of the disability; interest at 6% to run from the date of filing of the petition for special leave; total amount payable fixed at Rs.1,02,29,241; appeal allowed.

Source excerpt

  • Pain and suffering
  • Loss of future prospects
  • Disability assessment
  • Quantum of compensation
  • Restitutio ad integrum
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Motor vehicles act

SUSHMA versus NITIN GANAPATI RANGOLE & ORS.

The concurrent finding that the driver of the car was jointly responsible and that 50% of compensation should be deducted for contributory negligence was perverse; the offending truck was parked in the middle of a dark highway without parking lights or markers in clear violation of law, and the negligence of the truck owner/driver and its insurer was the proximate cause; contributory negligence of the driver cannot be vicariously applied to passengers or their dependants, therefore no deduction from compensation payable to the claimants is warranted and the truck owner and its insurer are joi…

Source excerpt

  • Contributory negligence
  • Compensation
  • Abandoned vehicle
  • Rule of last opportunity
  • Apportionment
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Motor vehicles act, 1988

MEENAKSHI versus THE ORIENTAL INSURANCE CO. LTD.

The High Court erred in excluding house rent allowance, flexible benefit plan and company contribution to provident fund from the deceased's basic salary for the purpose of applying the principle of rise in income by future prospects; these components must be added to the basic salary before applying the agreed percentage for future prospects. However, the High Court was correct in deducting Income Tax from the gross salary when calculating the gross/net income for assessment of compensation. Applying these conclusions, the compensation was re-assessed by the Court.

Source excerpt

  • Loss of dependency
  • Future prospects
  • House rent allowance
  • Flexible benefit plan
  • Company contribution to provident fund
  • Income tax deduction
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Consumer protection

MRS. KALYANI RAJAN versus INDRAPRASTHA APOLLO HOSPITAL & ORS.

The appellant failed to prove negligence in post-operative care; hospital followed standard practice in transferring patients without complications from recovery to ward/private room; available medical records and expert affidavit showed no link between the surgery and the cardiac arrest; therefore the NCDRC's finding rejecting the complaint was lawful and res ipsa loquitur did not apply.

Source excerpt

  • Post-operative medical care
  • Res ipsa loquitur
  • Standard of care
  • Burden of proof in medical negligence
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Criminal procedure

MATHEW ALEXANDER versus MOHAMMED SHAFI AND ANR.

The High Court's order quashing the final report was set aside because the High Court reached and relied upon findings of fact (including applying res ipsa loquitur and attributing rash and negligent driving) which were unnecessary for deciding the correctness of the final report under Section 482 CrPC; claim petitions for compensation must be decided on their own merits with liability established on the preponderance of probabilities by the claimants.

Source excerpt

  • Quashing of final report
  • Section 482 crpc
  • Standard of proof in motor accident claims
  • Negligence
  • Res ipsa loquitur
  • Abatement of criminal proceeding on death
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.