Court : Andhra Pradesh
Reported in : 2002(1)ALD829; 2002(1)ALT580; [2002(95)FLR357]
..... 'total disablement' mans such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement: provided that permanent total disablement shall deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in schedule i where the aggregate percentage of ..... in the present case, the workman is totally incapacitated to do the work which he capable of performing at the time of the accident and, therefore, it can be treated as total disablement. ..... if the workman is incapacitated to do all the work which he was capable of performing at the time of the accident, it is a case of total disablement. ..... the work, which the workman was capable of performing at the time of the accident, is material to consider whether it is a case of total disablement in view of the injuries sustained in the accident. ..... in the instant case, the certificate issued by the medical board showed that the respondent cannot perform the duties as he was doing on the date of accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP353
..... he accept his place in society which accident of birth had given him as a permanent condition of his life. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD394; 1997(6)ALT540
..... the owner of the lorry is 4th espondent herein and his contention is that the lorry which was involved in the accident was duly insured with the appellant/insurance company by the date of accident; that the insurance policy was issued on 28-12-1985 by the appellant; that the accident took place on 23-5-1986 and that, therefore, the appellant/ insurance company is also responsible to pay the compensation. ex. ..... the insurance company has, however, filed the present appeal questioning the award contending that by the time of accident the lorry was not validly insured with it and there is therefore no liability for it to pay the compensation amount to the claimants.3. ..... the question that, therefore, arises for consideration in the present appeal is whether there was valid insurance for the lorry in favour of its owner by the time of accident and whether the appellant/insurance company is not liable to pay compensation awarded to the claimants 5. ..... on the basis of the evidence placed before it, the tribunal came to the conclusion that the deceased died on account of the accident which was caused due to the rash and negligent driving of the lorry by its driver. ..... seeking compensation of rs.50,000/- from the owner of the lorry as well as the appellant/ insurance company on account of the dealh of deceased in such accident, contending that the accident was on account of rash and negligent driving of the lorry by its driver. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP171
..... pleading that the company is liable to satisfy the award, if any, for compensation inasmuch as the 2nd respondent had issued a policy dated 1-5-1967 which was in force at the time of the accident in respect of a car apj 539 belonging to the 1st respondent himself, where the company undertook to indemnify the 1st respondent while personally driving the motor car not belonging to him and other than ..... section 110 provides for constitution of claims tribunals 'for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use of motor vehicles or damages to any property of a third ..... the statute or in the actual terms and conditions of the policy which was still in force on the date of the accident which would prevent the legal heirs from succeeding to the car as well as the rights thereunder. ..... the 1st additional chief judge, city civil court, hyderabad, who was the motor accidents claims tribunal, who tried the claim petition, framed as many as seven issues ..... under section 110, in order to claim compensation, it is not necessary to establish that the accident was the result of negligence on the part of the owner or the driver of the vehicle. ..... if an insured person or the heirs of a deceased person who has been the victim of a motor accident, is obliged to prove rash and negligent driving before some damages are awarded to him or them, it appears as a general principle, that the very purpose of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP297
..... before considering these questions in seritim, it must be held in the first instance that as stated earlier than either devasthanam or the company are not disputing that the accident has occurred on 24-4-1976 on account of the rash and negligent driving of its driver r. w. ..... it is therefore reasonable to expect that if the deceased had not died due to accident he would have lived up at least up to the age of 65 years if not more'.28 ..... 1 and as a result the deceased died instantaneously in the accident it is also undisputed in the accident it is also undisputed that devasthanam is vicariously liable for the tortious acts of its employee the driver on these undisputed premise, the question for consideration premise, the question for consideration is what is compensation the claimants ..... therefor the finding of the lower tribunal that the accident had occurred due to rash and negligent driving of the driver r. w ..... 2060):'the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation takes the sting out of the laws of compensation because an infant child who seeks compensation as a dependaent of his deceased father has often to await the attainment of majority in order to ..... nos 230 and 232 of 1975, on the file of the court of the motor vehicles accidents claims tribunal (ist additional district judge) guntur. ..... 1) explaining the cause of the accident and found that the accident had occurred due to the rash and negligent driving by the driver (r. w .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD173; 2006(2)ALT456
..... was a consultant cardiologist; that the deceased testatrix and her husband who were cardiac patients were his patients since 1980; that the testatrix was an intelligent woman; that she died on 8-2-1996 in a car accident near kurnool; that on 23-3-1995 the testatrix executed a 'will', by which he was appointed as an executor, and that was her last 'will'; that the same was marked as ex.a-1; that as per ..... , few important things, which are stated, are that the testatrix was having jewellery on her person at the time of the accident and the jewellery noticed by r.w.2 was gold bangles and gold rings; that at the scene of accident itself, p.w.i removed the bangles from the body of the deceased and he was under the impression that he was removing those ornaments ..... to be further seen that p.w.i, being a party to the team of persons who were proceeding to kurnool in a car and when the car met with an accident and when he was also a person who accompanied the deceased testatrix and the other injured persons to the government hospital, kurnool, could not have slipped away from the ..... to inform r-l telephonically about the death of her mother; that i left kurnool to hyderabad at about 1-30 noon on the same day; that i have not informed the police about the accident in the hospital, as the causality is supposed to inform the police; that the police registered a case about the accident; that inquest as well as scene of offence, panchanama was conducted; that i do not know who has shown the place .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT151
..... section 147 and making it compulsory for the insurer to insure even in case of a goods vehicle, the owner of the goods or his authorised representative being carried in a goods vehicle when that vehicle met with an accident and the owner of the goods or his representative either dies or suffers bodily injury.10. ..... whether claimants whose claim was allowed, as prayed, who were granted relief in toto and who did not seek any amendment for enhancement of compensation when the matters were pending before motor accident claims tribunal, can seek enhancement in the appeals filed by insurer? ..... determining the liability of the insurer in cases arising under motor vehicles act, 1939 and 1988 act falling in three categories, namely; (i) the passengers travelling in goods vehicles, which met with an accident while 1939 act was in force; (ii) the passengers in goods vehicles after coming into force of 1988 act; and (iii) the passengers travelling in goods vehicles, which met with accidents after coming into force of central act no. ..... filed on the file of the motor accident claims tribunal-cum-district judge, cuddapah ..... in these cases, the accident occurred on 14.10.1996 and therefore, even though they are passengers travelling in the goods vehicle as owners of the goods, they are covered under the policy as per section 147(1)(b)(i) of ..... he contends that as accident occurred on 14.10.1996, they are covered by section 147(1)(b)(i) of the motor vehicles act, 1988 (1988 act, for brevity) as amended by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1960]11STC466(AP)
..... words may be supplied in a statute in order to give it effect or to avoid repugnancy or inconsistency with the legislative intention, or where omission is due to inadvertence, mistake, accident or clerical error, or where omission makes the statute obscure, meaningless, irrational, or unreasonable, or where legislative intent is clearly indicated by the context or other parts of the statute, it is permissible to supply omissions to effectuate the legislative intention. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004ACJ1792; 2003(2)ALD617
..... also submits that by virtue of a contract between the owner and the dtc the liability for payment of compensation in case of accident was passed on to the owner of the bus and not on the dtc. ..... referring to the agreement itself it is concluded that in fastening liability to pay compensation on the rtc, the motor vehicle accidents claims tribunal has not committed any error. ..... matters are filed by national insurance company limited, warangal branch, aggrieved by the common order dated 11.4.1997 passed by the motor vehicle accidents claims tribunal-cum-district judge, warangal, in op nos. ..... 1985 acj 515, the delhi transport corporation (dtc) hired a bus from a private person which met with an accident resulting in death of narinder prakash sehgal. ..... on 27.1.1995 the bus was involved in an accident while the same was driven by the first respondent and going from venkirala village to warangal by reason of the bus hitting a culvert and falling into a ..... (i) whether the accident was due to rash and negligence in driving the rtc hired bus ..... as a result of the accident seven persons died and eighteen persons ..... rao submits that admittedly the conductor was employee of the third respondent-apsrtc and that because of overloading of the bus by the conducter only the accident occurred. ..... are relevant.in this case also on a reading of the language adopted in section 110b of the act and the agreement, ex.b4, it can be said that the owner of the vehicle is liable ultimately in the event of any accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2007)ACC133; 2007ACJ2578; 2006(1)ALT762
..... stated by the witnesses examined on behalf of plaintiff that there were no enemies for plaintiff, the natural corollary would be that the benefit would accrue only to plaintiff as a result of the fire accident and that the motive and opportunity to cause such an accident could be attributable only to plaintiff; that plaintiff was heavily indebted to banking institutions and so the amount that will be received from the insurance company was the only way to clear ..... is also to be noted that d.w.3, who is stated to be the first person present within a few hours at the scene of fire accident, was, in fact, the right person to say something about the alleged involvement or fraud on the part of plaintiff. ..... this context, it is to be noted that the said two anonymous letters under exs.b-19 and b-20 were addressed even before the occurrence of fire accident stating that some plan was being hatched by the plaintiff to burn the tobacco stocks in its godown.50. ..... the godown was a big (large) godown and electric short-circuit could not have resulted in such an extensive fire accident; secondly the main switch was in the office room and thirdly the wiring was intact, as spoken to by p.w.2.36 ..... view of the rival contentions, the points that would fall for our consideration are:(1) whether the plaintiff could establish successfully - as to whether the fire was due to accident or due to mischief of third parties in order to overcome the exception mentioned in clause-13 of the conditions of the policy? .....
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