KURUVILA AND ORS. v. KUNJUJAMMA MOHAN AND ORS.

9 SCC 166Reported decision2015#5323 most cited

What is KURUVILA AND ORS. v. KUNJUJAMMA MOHAN AND ORS. authority for?

The position of vehicles after an accident, as shown in a scene mahazar, is not sufficient proof of rash or negligent driving. The manner of collision depends on various factors like speed and intensity, requiring more direct evidence than just vehicle placement.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2007 to 2025.

Also referred to as

Jiju Kuruvila v. Kunjujamma Mohan · accident · vehicle position · rash and negligent driving · scene mahazar · proof of negligence · insurance claim evidence

Judgments citing KURUVILA AND ORS. v. KUNJUJAMMA MOHAN AND ORS.

COMMISSIONER OF INCOME TAX-V vs. M/S JAGADAMBA PEARLS DEALERS

The appeal is disposed of in above terms

ITTA/562/2013HC Telangana06 Jan 2025

Bench: J SREENIVAS RAO,ALOK ARADHE

Section 166

…MAC APP. No. 562/2013 Page 1 of 4 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th April, 2016 + MAC.APP. 562/2013 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. A. K. Soni, Adv. versus KAMAL VERMA & ORS ..... Respondents Through: Mr. R. P. Tomar, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT R.K.GAUBA, J (ORAL): 1. The first respondent (the claimant), then aged about 22 years, ea…

INTEL SERVICES LLC vs. THE DEPUTY DIRECTOR OF

In the result, the appeals as well as cross objections

ITA/137/2016HC Karnataka28 Sept 2020

Bench: ALOK ARADHE,M.I.ARUN

Section 173(1)

…t of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. The Supreme Court in ’JIJU KURUVILA AND ORS. VS. KUNJUJAMMA MOHAN AND ORS.’, (2013) 9 SCC 166 has held that mere position of the vehicles after the accident as shown in scene mahazar cannot be a substantial proof as to rash and negligent driving on the part of one or the other. When two vehicles coming from opposite directions collide, the position of the vehicles and its direction etc. depends on the number of factors like speed of v…

THE COMMISSIONER OF INCOME TAX vs. M/S TE CONNECTIVITY INDIA P LTD.,

In the result, the appeals as well as cross objections

ITA/22/2017HC Karnataka02 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 173(1)

…t of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. The Supreme Court in ’JIJU KURUVILA AND ORS. VS. KUNJUJAMMA MOHAN AND ORS.’, (2013) 9 SCC 166 has held that mere position of the vehicles after the accident as shown in scene mahazar cannot be a substantial proof as to rash and negligent driving on the part of one or the other. When two vehicles coming from opposite directions collide, the position of the vehicles and its direction etc. depends on the number of factors like speed of v…

THE COMMISSIONER OF INCOME TAX vs. M/S TE CONNECTIVITY INIDA P LTD

In the result, the appeals as well as cross objections

ITA/23/2017HC Karnataka02 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 173(1)

…t of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. The Supreme Court in ’JIJU KURUVILA AND ORS. VS. KUNJUJAMMA MOHAN AND ORS.’, (2013) 9 SCC 166 has held that mere position of the vehicles after the accident as shown in scene mahazar cannot be a substantial proof as to rash and negligent driving on the part of one or the other. When two vehicles coming from opposite directions collide, the position of the vehicles and its direction etc. depends on the number of factors like speed of v…

PRINCIPAL COMMISSIONER OF INCOME-TAX (CENTRAL) - 2 vs. M/S MAHESH WOOD PRODUCTS PVT. LTD.,

ITA/786/2016HC Delhi05 May 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

…/16 Page 7 of 9 as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 16. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.1.2015, presently…

THE COMMISSIONER OF INCOME TAX-2 vs. MITSUBISHI MOTORS CORPORATION

ITA/741/2016HC Delhi22 Nov 2016

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

…9/17 Page 8 of 11 as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 14. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.01.2015, presentl…

PRINCIPAL COMMISSIONER OF INCOME-TAX - 8 vs. M/S SPACE POWER CONTROLS PVT. LTD.

ITA/740/2016HC Delhi21 Nov 2016

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

…9/17 Page 8 of 11 as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 14. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.01.2015, presentl…

PR. COMMISSIONER OF INCOME TAX-9 vs. VISHU IMPEX PVT LTD.

ITA/431/2016HC Delhi09 Nov 2016

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

…) 9 SCC 54, has been noticed and since both were rendered by benches of co-equal strength it stands referred to a larger bench in cases reported as Sanjay Verma v. Haryana Roadways (2014) 3 SCC 210, National Insurance Company Ltd. v. Pushpa & Ors. (2015) 9 SCC 166, and Shashikala v. Gangalakshmamma (2015) 9 SCC 150. This court, thus, by decision dated 22.01.2016 MAC.APP.No.956/2012, titled Sunil Kumar Vs. Pyar Mohd. & Ors., has decided to follow the law declared by the ruling prior in time till the larger bench renders its decision for reasons set out along the lines stated hereinafter. 15. In Centr…

PRINCIPAL COMMISSIONER OF INCOME-TAX-O1 vs. ACTIS GLOBAL SERVICES PVT. LTD ..,

ITA/417/2016HC Delhi05 Aug 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

…/16 Page 7 of 9 as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 16. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.1.2015, presently…

PRINCIPAL COMMISSIONER OF INCOME-TAX-07 vs. M/S ONKARESHWAR PROPERTIES PVT. LTD.,

ITA/287/2016HC Delhi03 May 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…ount of divergence of views, as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 15. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), MAC Appeal No.174/16, 287/16 & 6/2017 Page 7 of 8 this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co.…

COMMISSIONER OF INCOME TAX-IV vs. DANGSON HOTEL & RESTAURANTS PVT. LTD.

ITA/881/2015HC Delhi18 Nov 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…employment at “a fixed salary”, the issue concerning which is presently under reference before a larger Bench of the Supreme Court [National Insurance Company Ltd. MAC App. Nos. 554/2010 & conn. Page 28 of 70 V. Pushpa & Ors. (2015) 9 SCC 166] – the view taken and the method adopted for computation of compensation in case of death of children appears to be still not uniform or consistent, clearly for the reason the factors that go into calculations in such cases suffer from even greater uncertainties and imponderables. Lord Atkinson – as quoted in R.K. Malik (supra) (para 13) – ob…

PR. COMMISSIONER OFINCOME TAX (TDS)-I vs. M/S CATHOLIC RELIEF SERVICES

The appeals stand disposed of in above terms

ITA/306/2015HC Delhi13 Oct 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…er referred to a MAC APP. No. 147/2007 etc. Page 14 of 27 larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 23. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.1.2015, presently…

COMMISSIONER OF INCOME TAX-VI vs. WOCO MOTHERSON ELASTOMER LTD.

The appeals stand disposed of in above terms

ITA/310/2015HC Delhi05 Aug 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…er referred to a MAC APP. No. 147/2007 etc. Page 14 of 27 larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 23. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.1.2015, presently…

COMMISSIONER OF INCOME TAX-VI vs. WOCO MOTHERSON ELASTOMER LTD.

The appeals stand disposed of in above terms

ITA/309/2015HC Delhi05 Aug 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…er referred to a MAC APP. No. 147/2007 etc. Page 14 of 27 larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 23. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.1.2015, presently…

COMMISSIONER OF INCOME TAX vs. VIDEO ELECTRONICS

ITA/175/2014HC Delhi03 Aug 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…employment at “a fixed salary”, the issue concerning which is presently under reference before a larger Bench of the Supreme Court [National Insurance Company Ltd. MAC App. Nos. 554/2010 & conn. Page 28 of 70 V. Pushpa & Ors. (2015) 9 SCC 166] – the view taken and the method adopted for computation of compensation in case of death of children appears to be still not uniform or consistent, clearly for the reason the factors that go into calculations in such cases suffer from even greater uncertainties and imponderables. Lord Atkinson – as quoted in R.K. Malik (supra) (para 13) – ob…

COMMISIONER OF INCOME TAX-20 vs. SUNIT SHAH & SONS

The appeals stand disposed of in above terms

ITA/304/2015HC Delhi06 May 2015

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.K.GAUBA

…er referred to a MAC APP. No. 147/2007 etc. Page 14 of 27 larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. 23. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on 12.1.2015, presently…

The Commissioner of Income Tax (Central) vs. M/s Hyderabad House Pvt Ltd.,

ITTA/250/2013HC Telangana11 Jul 2013

…employment at “a fixed salary”, the issue concerning which is presently under reference before a larger Bench of the Supreme Court [National Insurance Company Ltd. MAC App. Nos. 554/2010 & conn. Page 28 of 70 V. Pushpa & Ors. (2015) 9 SCC 166] – the view taken and the method adopted for computation of compensation in case of death of children appears to be still not uniform or consistent, clearly for the reason the factors that go into calculations in such cases suffer from even greater uncertainties and imponderables. Lord Atkinson – as quoted in R.K. Malik (supra) (para 13) – ob…

COMMISSIONER OF INCOME TAX - (C)-III vs. FLEX FOODS LTD

ITA/20/2013HC Delhi10 May 2013

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE VIBHU BAKHRU

…onsumption of such alcohol for which was necessary. In absence of any such inquiry or investigation, the finding returned by the tribunal on this issue would not call for any interference. [see Jiju Kuruvila and Ors. Vs. Kunjujamma Mohan and Ors., (2013) 9 SCC 166] 8. On the issue of just compensation, after some hearing, the counsel for the claimant submitted that the matter would require further evidence. The tribunal has found that the claimant has been rendered totally paraplegic, her functional disability having been taken as 100%. It has been submitted on her behalf that the medical MAC Ap…

DIRECTOR OF INCOME TAX vs. SHIN SATELLITE PUBLIC COMPANY

The appeal is disposed of in above terms

ITA/402/2012HC Delhi27 Jul 2012

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

…MAC APP. Nos.402/12, 757/14 Page 1 of 5 $~ 7 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 02nd March, 2016 + MAC.APP. 402/2012 FUTURE GENERAL INDIA INSURANCE CO. LTD...... Appellant Through: Ms. Suman Bagga, Adv. Versus SMT. SATYAWATI & ORS ..... Respondents Through: Mr. O.P. Maini, Adv. for R-1. + MAC.APP. 757/2014 SMT. SATYAWATI ...... Appellant Through: Mr. O.P. Maini, Adv. ve…

Commissioner of Income Tax vs. Agricultural Market Committee

The appeals are disposed of in above terms

ITTA/411/2011HC Telangana17 Nov 2011

Bench: V.V.S.RAO,SANJAY KUMAR

…ount of divergence of views, as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9 SCC 54, the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. vs. Pushpa & Ors., (2015) 9 SCC 166. MAC Appeal No. 408/11 & conn. Page 6 of 7 9. Against the above backdrop, by judgment dated 22.01.2016 passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.), this Court has found it proper to follow the view taken earlier by a learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo General Insurance Co. Ltd. v.…

Showing 1–20 of 22 · Page 1 of 2

KURUVILA AND ORS. v. KUNJUJAMMA MOHAN AND ORS. (9 SCC 166) — Cited in 22 Judgments | BharatTax