Justice Prasanna Varale - The Legal Chamber

The Supreme Court quashed the contributory negligence finding, holding the car driver solely liable for the 2009 accident. It ruled that the High Court erred by ignoring eyewitness testimony (PW-4) and a crucial site plan proving the motorcyclist was on his correct side. Full compensation was restored as deductions under Section 168 of the Motor Vehicles Act, 1988, were invalid. The Court emphasized beneficial interpretation in accident claims and permitted late evidence admission given the summary nature of proceedings. Facts Of The Case: On July 26, 2009, Gautam (22 years, bachelor) drove a new motorcycle (insured by Bajaj Allianz) with Harpal Singh (30 years, pillion rider) near Kaithal, Haryana. An Alto car (insured by New India Assurance), driven by Gulzar Singh, collided head-on wi...

The Supreme Court, in its suo moto jurisdiction, issued directives to expedite trials under the POCSO Act 2012, mandating exclusive special courts in districts with over 100 pending cases. It emphasized time-bound investigations, child-friendly infrastructure, and sensitized personnel. The Court also stressed forensic lab efficiency and victim compensation, reinforcing strict adherence to statutory timelines to curb delays in child sexual abuse cases Facts Of The Case: The Supreme Court of India took suo moto cognizance in July 2019 of the alarming rise in child sexual abuse cases across the country, registering the matter as "In Re: Alarming Rise in the Number of Reported Child Rape Incidents." This judicial intervention was prompted by numerous media reports highlighting the increasing...

Tag: Justice Prasanna Varale

Supreme Court Overturns Contributory Negligence in Fatal Bike Crash, Awards Full Compensation

POCSO Case Delays Addressed: Supreme Court Directs Faster Trials in Child Sexual Abuse Cases