HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Louis Vuitton’s trademark, captive elephants in Kerala, Plastic Ban, and much more.
A quick legal roundup to cover important stories from all High Courts this week.
negligence
Chhattisgarh HC upholds compensation of around Rs. 10 lakhs payable by State Power Company to deceased’s family, who died due to electric shock in bathroom
“Considering the nature of job of the deceased, her age, the number of dependents and the various decisions of the Supreme Court, the amount awarded by the Trial Court cannot be termed as excessive or exorbitant, rather it appears to be a just and proper compensation.”
Delhi HC directs BSES Yamuna Power Ltd to pay ex-gratia amount of Rs. 10 lakhs to parents of 18-year-old boy who died due to electrocution from non-insulated live electric line
In the present case, a call was made to the police station informing that a person was lying in an unconscious state due to electric shock. The post-mortem report also mentioned the cause of death as ante-mortem electrocution. Therefore, it is an undisputed fact that the deceased died due to electrocution.
‘Mere violation of Motor Vehicles Act provisions does not amount to negligence’; Delhi HC modifies MACT’s order
‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’
Man grooving his neck towards a woman while riding two-wheeler and listening to music not ‘stalking’ under S.354-D of IPC: Bombay HC
Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.
Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC
The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.
DCDRC directs hair salon and salon owner to pay compensation of Rs 1 Lakh for botched hair treatment leaving a customer’s hair in tangles
The complainant’s hair became extremely tangled after getting a hair spa treatment. As all efforts to untangle her hair went in vain; she had to cut her hair, which went against her religious tenets and beliefs as a Sikh and the affected her mentally, emotionally and professionally.
Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool
The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.
‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT
Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.
Never Reported Judgment| When Supreme Court examined the standard of care required on bailee’s part for bailed goods [(1953) 1 SCC 446]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on Section 151 of Contract Act,1872.
DCDRC directs Airbnb to pay Rs 5000 to the parents of the 6-month-old infant who was negligently injured by the caretaker during check- out
While cleaning the room during check-out, the caretaker of the resort pulled the sheets from the bed on which the complainant’s 6-month-old child was sleeping wrapped in a blanket. As a result, the child fell on the floor and suffered injuries.
Party not contacting counsel for 6 years, cannot seek condonation of delay alleging that counsel did not inform about disposal of case: Allahabad HC
Allahabad High Court noted that while the appellants alleged their counsel failed to inform them about the case’s dismissal, there’s no evidence they actively sought updates from the counsel during the six-year period.
Never Reported Judgment| Damages for non-delivery of purchased goods not maintainable in absence of contract of sale between parties [(1953) 1 SCC 157]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for non-delivery of goods.
DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017
DCDRC observed that the video was not just a collection of images and sounds but a vessel for the heartbeats of a family’s collective journey, carrying the laughter, tears, and love of a day that marked the beginning of a new chapter in their lives.
Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC
“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”
J&K and Ladakh HC awards compensation of 20 Lakhs to a 14-year-old boy who suffered 100% disability on being electrocuted by unattended transformer
The respondent’s contention that the petitioner himself contributed to the unfortunate electrocution, was rejected by the Court.
Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
Workman’s absence from work due to ill health, though unauthorized but not willful or by negligence; Telangana High Court sets aside order of removal
“The respondents were directed to count the service of the workman from the date of removal till his death with all attendant benefits payable to the petitioner but without back wages.”
Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court
“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”
Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence
Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence