List of Current Affairs

Source: Delhi High Court 

Why in News? 

Justice Swarana Kanta Sharma of the Delhi High Court in the case of X v. Y (2025) ruled that a wife cannot be presumed to be earning or being capable of maintaining herself while considering grant of interim maintenance, emphasizing the need for documentary evidence rather than mere allegations by the husband. 

What was the Background of X v. Y (2025) Case? 

• The case involved a wife's challenge to a family court order that had awarded her only Rs. 2,500 as interim maintenance from her husband. 
• The couple was married in 2021 according to Muslim rites and ceremonies, with no children born from the marriage. 
• The wife claimed she was a housewife with no movable or immovable property, no independent source of income, and had studied only up to the 11th standard. 
• She asserted she was wholly dependent upon her parental family for sustenance after leaving the matrimonial home. 
• The wife contended that her husband was a graduate working as a teacher in a private school, earning approximately Rs. 25,000 per month. 
• She argued that the Family Court failed to properly assess the husband's income based on his educational qualifications and minimum wages, particularly given the absence of credible documentary proof of his alleged income. 
• The husband countered that the wife had voluntarily left the matrimonial home as she was not inclined to live with him. 
• He alleged that the wife was working as a nursery teacher earning Rs. 10,000 per month and was capable of maintaining herself. 
• The husband claimed his own income was only Rs. 10,000 per month from working as a teacher with an NGO. 

What were the Court's Observations? 

• The Court noted at the outset that it was undisputed that the wife had studied only up to the 11th standard. 
• Justice Sharma observed that while the husband alleged the wife was working as a nursery teacher and earning, no documentary proof was placed on record to substantiate this claim. 
• The Court emphasized that "Mere bald assertion that the wife is working and earning, without any proof to even prima facie supports this claim, cannot be of any help to the respondent-husband at this stage." 
• The Court held that for purposes of granting interim maintenance, the wife cannot be presumed to be earning or being capable of maintaining herself without credible evidence. 
• The judge further noted that the husband's claimed income of Rs. 10,000 per month was even lower than the minimum wages payable to a skilled person, despite him admittedly being a graduate. 
• The Court concluded that the husband's income must be assessed on the basis of minimum wages rather than his self-declared lower income. 
• To serve the interests of justice, the Court enhanced the interim maintenance payable to the wife from Rs. 2,500 per month to Rs. 3,500 per month. 
• The enhanced maintenance was ordered to be paid from the date of filing of the application under Section 125 of the CrPC (Section 144 of BNSS), subject to adjustment of any amount already paid. 

Interim Maintenance 

• Interim maintenance refers to temporary financial support granted to a spouse during the pendency of matrimonial proceedings. 
• The purpose of interim maintenance is to ensure that the dependent spouse is not left without means of sustenance during the litigation process. 
• The provision is applicable irrespective of the personal law governing the parties, making it a secular provision for maintenance. 

What is Section 144 of BNSS? 

About: 

• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a social justice provision aimed at preventing destitution and financial hardship of a neglected spouse and children. It empowers a Magistrate of the First Class to grant monthly maintenance, interim maintenance, and proceeding expenses to the wife, legitimate or illegitimate child, who is unable to maintain themselves, from a person who has sufficient means but refuses or neglects to do so. 
• Key statutory features include: 
  • Section 144(1): Empowers the Magistrate to order monthly maintenance to wife and children. 
  • Second Proviso to Section 144(1): Allows the Magistrate to grant interim maintenance and expenses during the pendency of proceedings. 
  • Third Proviso to Section 144(1): Directs that interim maintenance applications should ideally be disposed of within 60 days from the date of service of notice. 
  • Section 144(2): Maintenance may be payable either from the date of application or order, as the Magistrate deems fit. 
  • Section 144(3): Non-payment of maintenance can attract warrant proceedings and imprisonment up to one month. 
  • Section 144(4): Disqualifies the wife from receiving maintenance in cases of adultery, refusal to live with husband without sufficient cause, or mutual consent to live separately. 
  • Further procedural clarity is offered under Section 145(2), which mandates that evidence must be recorded in the presence of the respondent or their advocate, with a provision for ex parte proceedings and setting aside such orders upon showing sufficient cause within three months. 

Source: High Court of Himachal Pradesh 

Why in News? 

The bench of Justice Jiya Lal Bhardwaj in the case of Ratnoo Ram v. Himachal Pradesh Road Transport Corporation and Another (2025) enhanced the compensation awarded to a father for his 18-year-old son's death in a motor accident from Rs.1,52,000 to Rs.4,05,000, and increased the interest rate from 7.5% to 9% per annum. 

• The Court held that the Motor Accident Claims Tribunal can't deny compensation to the father of the deceased on the ground that he was not financially dependent on his son. 

What was the Background of Ratnoo Ram v. Himachal Pradesh Road Transport Corporation and Another (2025) Case? 

• The appellant's son, Suresh, died in a motor vehicular accident on September 8, 1992, when he was 18 years old. 
• The appellant filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, claiming compensation of Rs.15,00,000 along with interest at 18% per annum. 
• The Motor Accident Claims Tribunal-III, Shimla initially awarded only Rs.1,52,000 with interest at 7.5% per annum. 
• The Tribunal held that the appellant was not dependent upon the deceased, but awarded compensation based on loss to the estate. 
• The appellant challenged this award as inadequate, arguing that the findings on dependency were erroneous, and compensation was insufficient. 
• The appellant contended that no compensation was awarded for filial consortium, and the interest rate was too low. 
• The respondent-Corporation had at one point offered Rs.1,00,000 as lump-sum settlement, which could not be finalized. 

What were the Court's Observations? 

• The Court held that the Tribunal's findings denying compensation to the father as a legal representative were erroneous, emphasizing that even without dependency, he is entitled to inherit the deceased's estate. 
• Citing Gujarat SRTC v. Ramanbhai Prabhatbhai (1987) and N. Jayasree v. Cholamandalam MS General Insurance Company Limited (2022), the Court clarified that 'legal representative' under the Motor Vehicles Act has a wider meaning than legal heir, encompassing anyone representing the deceased's estate with legal right to receive compensatory benefits. 
• The Court emphasized that the Motor Vehicles Act is benevolent legislation requiring liberal interpretation to fulfill its legislative intent. 
• For compensation calculation, the Court relied on National Insurance Company Limited vs. Pranay Sethi (2017) adopting notional income of Rs.25,000 per annum for the 18-year-old student deceased, with multiplier of 18, adding 40% for future prospects, and deducting 50% as personal expenses since he was a bachelor. 
• The Court held the father entitled to filial consortium (Rs.50,000), loss of estate (Rs.20,000), and funeral expenses (Rs.20,000) as per Magma General Insurance Company Ltd. v. Nanu Ram (2018) and Pranay Sethi guidelines. 
• Interest was enhanced from 7.5% to 9% per annum based on three-Judge Bench precedents, with direction that delayed payment beyond 90 days would attract 12% interest. 

What is the Motor Vehicles Act, 1988? 

About:  

• The Motor Vehicles Act, 1988 came into effect on July 1, 1989, consolidating all motor vehicle legislation in India.  
• The Act regulates road transport vehicles, covering licensing, registration, permits, insurance, traffic rules, and penalties.  
• Its primary objective is to provide relief to accident victims while ensuring road safety through strict compliance mechanisms. 

Key Objectives: 

• Implement strict licensing procedures and validity standards. 
• Ensure road safety through regulation of hazardous material transport and pollution control. 
• Manage the rapid increase in vehicles across India. 
• Increase compensation for hit-and-run accident victims. 
• Remove time limits for filing compensation claims by accident victims. 

Licensing Requirements: 

Essential Provisions: 

• Section 3: No person can drive a motor vehicle in public without a valid driving license. 
• Section 4: Minimum age restrictions - 18 years for light motor vehicles, 16 years for vehicles with engine capacity below 50cc, and 20 years for public transport vehicles. 
• Section 5: Vehicle owners cannot allow unlicensed persons to drive. 
• Section 6: Prohibition on holding multiple valid licenses simultaneously. 

Learner's License Restrictions: 

• Transport vehicle learner's license requires holding light motor vehicle license for at least one year (except e-carts and e-rickshaws). 
• Minors under 18 need guardian's written consent for motorcycle learner's license. 

Registration Requirements: 

Mandatory Registration: 

• Section 39: No motor vehicle can be driven in public without registration. 
• Section 40: Registration must be done with the authority having jurisdiction over owner's residence or vehicle's primary location. 
• Section 41: Registration validity is 15 years from issuance, renewable as prescribed. 

Registration Process: 

• Application in prescribed form with required documents and fees. 
• Physical presentation of vehicle for inspection. 
• Assignment of unique registration mark with state-specific letters and numbers. 
• Certificate of registration issued in owner's name. 

Permits and Compliance: 

Permit Requirements: 

• Section 66: Transport vehicles require valid permits for operation in public places. 
• Exceptions include government vehicles, ambulances, fire brigades, police vehicles, and hearses. 
• Educational institution buses require mandatory permits with fitness testing. 

Speed and Weight Limitations: 

• Section 112: Speed limits enforced with maximum and minimum restrictions. 
• Section 113: Weight restrictions for unladen and laden vehicles strictly regulated. 
• State governments empowered to impose temporary speed restrictions for safety. 

Safety Measures: 

Mandatory Safety Requirements: 

• Section 128: Two-wheeler riders limited to one additional passenger with proper seating. 
• Section 129: Mandatory helmet use for drivers and riders (exemption for Sikhs wearing turbans). 
• Seat belt mandatory for drivers. 
• Child safety measures are required for children under four years. 

Documentation Requirements: 

• Section 130: Drivers must produce license, registration certificate, insurance, and fitness certificate on demand. 
• Documents can be submitted within 15 days if not available immediately. 
• Digital copies are now acceptable under 2020 amendments. 

Accident Procedures and Compensation: 

Driver Responsibilities: 

• Section 134: In case of accident causing injury or death:  
• Secure medical attention for injured persons. 
• Transport victims to nearest medical facility. 
• Report to police within 24 hours. 
• Provide accident details to insurer in writing. 

Compensation Framework: 

• Section 140 (now omitted): Previously provided no-fault liability compensation of Rs. 50,000 for death and Rs. 25,000 for permanent disability. 
• Section 163A: Structured formula for compensation payments without proving negligence. 
• Section 166: Application procedure for compensation claims. 
• Section 165: Motor Accident Claims Tribunals established for adjudicating claims. 

Claims Tribunal: 

• State governments establish Motor Accident Claims Tribunals for specific areas. 
• Members must be or have been High Court Judges or District Judges. 
• Handles death, bodily injury, and property damage claims. 

Penalties and Offences: 

Major Violations and Penalties: 

• Driving without license (Section 181): Rs. 5,000 fine and/or 3 months imprisonment. 
• Drunk driving (Section 185): Rs. 10,000 fine and/or 6 months imprisonment (first offence); Rs. 15,000 and/or 2 years (repeat offence). 
• Dangerous driving (Section 184): Rs. 1,000-5,000 fine and/or 6 months imprisonment. 
• Overspeeding (Section 183): Rs. 1,000-4,000 depending on vehicle type 
• General violations (Section 177): Rs. 500 (first offence), Rs. 1,000 (subsequent). 

2019 Amendment Highlights: 

Major Changes: 

• Aadhar linkage: Mandatory for license and registration. 
• Increased penalties: Substantial hike in fines for various violations. 
• Vehicle recall provisions: Central Government can recall defective or unsafe vehicles. 
• Taxi aggregators: New licensing framework for digital ride-booking platforms. 
• Road contractor accountability: Penalties up to Rs. 1 lakh for faulty road design. 

New Schemes and Funds: 

• Golden Hour Scheme (Section 162): Cashless treatment for accident victims within critical first hour. 
• Motor Vehicle Accident Fund (Section 164B): Compensation fund for hit-and-run victims and treatment costs. 
• Interim Relief Scheme (Section 164A): Immediate assistance for claimants. 

Enhanced Compensation: 

• Section 164: Rs. 5 lakhs for death, Rs. 2.5 lakhs for grievous injury without proving fault. 
• Hit-and-run compensation increased from Rs. 25,000 to Rs. 2 lakhs (death) and Rs. 12,500 to Rs. 50,000 (serious injury). 
• Insurance claims must be settled within one month. 

National Road Safety Board: 

• Established under 2019 Amendment to advise on traffic regulations and road safety. 
• Includes representatives from all state governments. 
• Focuses on policy formulation and implementation monitoring.