Civil Jurisdiction - The Legal Chamber

The Supreme Court modified the contributory negligence apportionment to 20% on the claimant, 50% on the car driver, and 30% on the bus driver. It enhanced compensation by revising the notional income calculation for an engineering student and reinstated attendant charges, emphasizing just compensation for 100% disability. Facts Of The Case: On January 7, 2017, the appellant, a 20-year-old engineering student, was riding a motorcycle with a friend on the pillion. A car ahead, driven by respondent no. 2, suddenly applied its brakes on the highway because the driver's pregnant wife felt a vomiting sensation. This caused the appellant to collide with the rear of the car and fall onto the road. Subsequently, a bus, insured by respondent no. 1, which was coming from behind, ran over the appell...

The Supreme Court upheld the validity of Rule 6(9) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019, which permits the Full Court to designate advocates as Senior Advocates suo motu based on exceptional merit. The Court clarified that such designations must adhere to the principles of fairness, transparency, and objectivity, as outlined in Section 16(2) of the Advocates Act, 1961, and the guidelines in Indira Jaising v. Supreme Court of India. The judgment emphasized that the suo motu power of the Full Court is supplementary to the application-based process and does not undermine the statutory framework. The amended Rule 6(9) was upheld, ensuring alignment with constitutional principles. Facts Of The Case: The case arose from a challenge to the High Court of Oriss...

Tag: Civil Jurisdiction

Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher

Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion