Court : Allahabad
Reported in : I(2003)ACC85; 2002ACJ1470; 2002(2)AWC1214
..... learned counsel representing the respondents has argued that under the motor vehicles act, 1988, there is no provision conferring power to the motor accident claims tribunal to review its award already awarded. ..... by means of present writ petition under article 226 of the constitution of india, the petitioners have challenged the order dated 23.2.1996, annexure-1 to the writ petition, passed by motor accident claims tribunal/viith additional district judge. ..... that the motor accident claims tribunal, ghaziabad (which shall hereinafter be referred to as tribunal'), passed an ex parte order on 13.11.1992 in m.a.c.t. ..... 'rule 21, referred to above, clearlyprovides that the provisions of rules9 to 13 and rules 15 to 33 of order ixof code of civil procedure has beenmade applicable with regard to the proceedings of motor accident claim. ..... motor accident claims tribunal rules, 1967. .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... the learned advocates appearing for the tort-feasor have contended that the rate of interest in the light of the facts and circumstances and the date of accident is quite just and reasonable, whereas, learned advocate appearing for the victims of the tort have contended that the rate of interest awarded is quite low and is required to be enhanced. ..... 11 claim petitions out of which 8 for personal injuries, by the claimants and three fatal injuries by the heirs and legal representatives of the deceased victims of the road accidents, came to be filed before the aforesaid tribunal invoking the aids of the provisions of section 110-a of the motor vehicles act, 1939 (old act). ..... when one of the persons affected or harmed or wronged or injured is partly responsible in the cause of tort, it becomes necessary to ascertain the extent or the contribution of such a person in the happening of a tort or an accident in question as the damages awardable to such a person is required to be sliced down corresponding to the extent or in proportion to the degree or contribution made by such person. ..... bus was driving the bus, at the relevant lime in an excessive speed as a result of which, when he was negotiating 's' type curve, at the venue of accident, lost control over the vehicle and went on the wrong side more towards the road and intensely dashed against the oncoming passenger matador of the university, as a result of which, the matador was dragged on in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2004)ACC728; 2002ACJ1158; AIR2004SC2107; 2004(3)ALD81(SC); 2004(5)ALLMR(SC)674; 2004(5)ALT11(SC); 2004(2)AWC2011(SC); [2004]120CompCas292(SC); 110(2004)DLT523(SC); 2004(7
..... whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement ..... intended to provide for adjustment or refund of the compensation payable on the basis of no-fault liability, as for example, sections 140 and 161 in case of hit and run motor accident, for the amount of compensation payable under the award on the basis of fault liability under section 168 of the act, the same has expressly been provided for and having ..... compensation, on the basis of - (i) first information report;(ii) injury certificate of post-mortem report in case of death;(iii) registration certificate of the motor vehicle involved in the accident;(iv) cover note, certificate of insurance or the policy, relating to the insurance of the vehicle against third party risks;(v) the nature of the treatment given by the medical ..... have incurred towards maintaining himself, general damages in case of death as also in the case of injuries and disabilities as also the disability in non-fatal accidents, a notional income for compensation to those who had no income prior to accident are provided for, are required to be considered which is also a clear pointer to the fact that thereby the parliament intended to provide for a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010ACJ455; 2010(2)ALT1(SC); 2010(1)AWC636(SC); 2010(1)SCALE8; (2010)2SCC607
..... report, forward the same to such claims tribunal and insurer.sub-section (4) of section 166 of the act reads thus:the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act.rule 150 of central motor vehicle rules, 1989 prescribes the form (no. ..... in cases of death, where the liability of the insurer is not disputed, the insurance companies should, without waiting for the decision of the motor accidents claims tribunal or a settlement before the lok adalat, endeavour to pay to the family (legal representatives) of the deceased, compensation as per the standard ..... payment of compensation without delay will help them to sustain themselves and pick up the threads to live with dignity.4.1) most of the accident victims (who are injured) are not able to access quality medical treatment for want of funds, as their earning capacity is either permanently lost or is ..... the registrar general of each high court is directed to instruct all claims tribunals in his state to register the reports of accidents received under section 158(6) of the act as applications for compensation under section 166(4) of the act and deal with them without waiting for the filing of claim applications by ..... continue with the present system of third party insurance with two changes:(i) define 'third party' - to cover any accident victim (that is any third party, other than the owner) and increasing the premia, if necessary. .....
Tag this Judgment!Court : Mumbai
Reported in : I(1987)ACC524; 1986(3)BomCR647; 1986MhLJ242
..... under:-'provided that in the case of a claim under chapter vii-a of the act, the claims tribunal shall proceed to award the claim on the basis of :-(i) registration certificate of the motor vehicle involved in the accident;(ii) insurance certificate of policy relating to the insurance of the vehicle against third party risks;(iii) copy of the first information report;(iv) post-mortem certificate or certificates of injury from the medical officer;(v) the nature of ..... the appellant insurance company, its case being that the insurance company is not liable to pay any compensation in respect of the accident occurred on 15th april, 1983, as there was a breach of specific conditions of the insurance policy inasmuch as the vehicle was being driven, at the relevant time of the accident, by a person who was not in the employment of the owner of the vehicle and such person was not driving the ..... it was, however, contended by the learned counsel appearing for the respondents that power of review is vested in the motor accident claims tribunal by virtue of rule 6 of the goa, daman and diu motor accident claims tribunal rules, 1966 and further that the authority of the supreme court in thakershi's case instead of advancing the case of ..... in addition, the stand taken by the insurance company was that the deceased was travelling in the vehicle involved in the accident as a voluntary gratuitous passenger which was a commercial vehicle used for carrying goods, and as such, there was no cover for .....
Tag this Judgment!Court : Karnataka
Reported in : 2007ACJ1497
..... sustained or death caused to gratuitous passengers, fare paying passengers, and owner of the goods or his representative who travels in the goods vehicle, when that vehicle meets with an accident.2) in claims covered under the provisions of the motor vehicles act, 1988, arising from 1-7-1989 till 14-11-1994, the day the amendment act came into force, the insurance company ..... is the liability of the insurance company in the event of any employee of the insured of the goods vehicle is injured, who is carried in the vehicle, when the said vehicle is the cause of the accident which took place on 16.5.1990?2) what is the liability of the insurance company in so far as payment of compensation for the injuries sustained by an authorized representative of the owner of the goods carried in ..... contrary contained in section-ii-1(c) it is hereby declared and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except fatal accident act 1855) in respect of death of or bodily injury to any person not being an employee of the insured nor carried for hire or reward provided the person is(a) the owner or ..... (2) subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely,-(a) save as provided in clause (b), the amount of liability incurred;(b) in respect of damage to any property of a third party, a limit of .....
Tag this Judgment!Court : Allahabad
Reported in : I(2001)ACC139; 2001ACJ332; 2000(4)AWC2801
..... empowers the appellate court to pass such decree as may be passed even though the respondents might not have filed any appeal or cross-objection against the impugned order of motor accident claims tribunal, as the appeals against the order of the tribunal judge lie before the high court under section 110-d of the motor vehicles act, 1939. ..... the learned tribunal on considering the evidence of munna (p.w.4), man bahadur driver of the truck and the above report concluded that accident took place due to rash and negligent act of the driver of the truck. ..... 1981 acj 507 (sc), heldthat the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation, takes a sting out of the laws of compensation and added to that the monstrous inflation and the compensation demanded years ago less than quarter of its value when it ..... -section (2) of section 94 of the act as amended by act 47 of1982, with effect from 1.10.1982 says that subject to the proviso to subsection (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely :(a) where the vehicle is a goods vehicle, a limit of rs. ..... 4583 due to rash and negligent act of the driver and the deceased was employed as labourer of the appellant at the time of accident and that there was no negligence on the part of deceased. ..... idris, a boy of 17 years old in a motor accident with the allegations that the deceased was a labourer and was working with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407
..... in our opinion section 124a of railways act has to be read in conjunction with section 13 and section 24 of railways claims tribunal act so as to find out whether accident would bean untoward accident, had it taken place after commencement of section 124a of railways act as amended in 1994 as all such cases pending irrespective of date of their taking place stand transferred to railways claims ..... jitendra shah, 2000 air scw 1734 : (air 2000 sc 3398), wherein the case was filed before the motor accidents claims tribunal, an objection was raised that since the railway was solely responsible for the accident as it happened on a manned level crossing, which was not closed, when the bus crossed the same and was hit by ..... learned counsel for the union of india has made an attempt to submit that no such accident took place at sanchi railway station which he submits on the strength of statement of rakesh bhardwas, station supdt, sanchi, who has stated that no such accident took place on 21-5-1991, but, fact remains that the said date was amended to 17-5-1991 in the claim petition and the witness has admitted in paragraph 7 of his cross-examination that there is an ..... had the said provision been in force at the relevant time when the accident took place, such case shall stand transferred to the railways claims tribunal. ..... to collector, district bhopal on 13-1-1992 that the claimant had suffered injury in the train accident while she was travelling from beena to bhopal in the passenger train. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All266
..... when the claims commissioner found that the claimants in the present cases had suffered pain and suffering because of the injuries received on account of railway accident and awarded compensation therefor, he did no more than exercise the powers conferred upon him by the statute and the rules. ..... ojha, made an application for compensation under section 82-c of the act claiming that he was one of the injured persons and alleging that in consequence of the accident he had received bodily injuries and that he had to be) treated in the hospital for a number of days. ..... 82-a of the act provides for compensation payable by the railway administration in the event of a railway accident :--'for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss. ..... 1969 the 6 down allahabad-gorakhpur express met with an accident resulting in the death of some persons and injuries to ..... ol 1970, which arises out of proceedings in respect of the same railway accident, the first respondent mool chand. ..... it is the railway accident which is the immediate cause of the injury, and if it can be established, as it has been found in the present case, that the loss of currency notes was due to the railway accident, clearly compensation is payable ..... section 82-a speaks of railway accident by collision between trains in all cases, whether or not there has been any wrongful ..... it is the railway accident which produces the death or injury for which compensation becomes .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006ACJ1453; RLW2004(4)Raj2644; 2004(4)WLC139
..... identity of the vehicle and death of the deceased is clearly, proved, then the fact that it was not corroborated by adducing evidence of the eye witnesses cannot be a reason to disbelieve the unimpeachable evidence that the accident was caused by the vehicle whose identity has prima facie been proved and even if there be any doubt about its identity, the same can definately be scrutinised at the stage of determination of the proceeding. ..... the counsel for both the parties are directed to inform the contesting parties to approach and appear before the motor accident claims tribunal at beawar on 6th july, 2004 and the tribunal shall proceed in the matter as per the ..... 152/98 which had been rejected by the motor accident claims tribunal at beawar by order dated 22.3.2002 against which this appeal arises is restored and remanded to the motor accident claims tribunal at beawar for its decision on merit in accordance with law after hearing the concerned parties wherein the tribunal shall be at liberty to investigate regarding the existence of the accident also except that it will not reject the claim merely for want of ..... reject the claim itself inspite of prima facie proof of involvement of the vehicle as also the fact that the accident indeed took place, is bound to result into serious miscarriage of justice. ..... is thus obvious from this that the date of the accident and the identity of the vehicle was both disclosed immediately after the accident and there is no lack of evidence on this point .....
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