Judgment Search Results Home > Cases Phrase: accident Court: chennai Page 1 of about 44,608 results (0.110 seconds)

Kanagamma and Sowmya (Minor) represented by petitioner's mother and ne ...

Court : Chennai

Reported in : III(2006)ACC792; 2007ACJ578; (2006)2MLJ658

..... indicates the fact that the motor cycle was keeping the traffic rules at the time of the accident and the lorry came in a zig-zag manner and dashed against the motor cyclist. ..... the absence of any contra evidence on the side of the second respondent to rebut to evidence adduced on the side of the claimants, the tribunal found that the accident was caused due to the rash and negligent driving of the driver of the lorry.7. ..... suddenly came on the extreme wrong side and dashed against the motor cycle and thereby he met with the accident and died on the spot and the vehicle driven by him also got damaged. ..... drove the vehicle in a rash and negligent manner and suddenly came on the extreme wrong side and dashed against the motor cycle and thereby, the accident took place, which resulted in death of the rider of the motor cycle, viz. ..... that the deceased was riding the motor cycle from east to west very close to the left side of the new avadi road opposite to furnishing bus stop, and the vehicle involved in the accident was not the cause for the negligence and rash driving. ..... learned counsel for the appellant claims that the relevant date of accident was 23.04.1995 after the amendment of the motor vehicles act i.e ..... involvement of the vehicle, the tribunal has considered that the second claimant, the minor daughter of the deceased sukumaran has come forward with a definite case that the deceased sukumaran died in a motor accident that took place on 25.04.1995 in new avadi road just opposite to i.c.f. .....

K.M. Krishna Gounder Vs. P.N. Narasingam Pillai and ors.

Court : Chennai

Reported in : AIR1962Mad309

..... it is one thing that gives damages to the person injured in an accident, but you cannot give damages to the dead man, and the house of lords was obviously impressed with the awarding of large damages to one person because another person has had his or her life ..... the bereaved father could only say that, if his son had met with the accident, he would have earned rs.50 or rs. ..... they claimed damages under the fatal accidents act to the extent of rs. ..... the claim for damages is based upon the provisions of the indian fatal accident act, 1855. ..... the boy died almost instantaneously after he was run over and the evidence was that the boy died within half an hour of the accident. .....

V. Venkadasalam Vs. Pallavan Transport Corporation Ltd. (Presently Kno ...

Court : Chennai

..... as such, the tribunal, on considering that the petitioner had received treatment for injuries sustained in the accident for a period of six months and further on holding that the petitioner had been earning an income of ..... as a result of this, he had sustained fractures of his bone; that he had taken treatment, as an inpatient, at government general hospital for a period of two months; that subsequent to this, he had taken treatment at a private hospital; that the accident had been caused only due to the fault of the respondent's bus driver.11. ..... the relevant principles relied on while assessment of compensation is as follows:9.broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... imposed on him by the criminal court were of the opinion that the accident had been caused only by the fault of the respondent's bus driver. ..... the bus was proceeding on the north side fort street, the petitioner driving his scooter in a rash and negligent manner had dashed against the bus; that after the accident, he had arranged for the petitioner to be admitted at government general hospital; that the accident had happened only due to the fault of the petitioner. ..... appearing for the appellant has contended in his appeal that the tribunal failed to consider that the claimant was about only 32 years at the time of accident and that the permanent disability incurred by him was irreparable. .....

United India Insurance Co. Ltd. Vs. Kovindan and 4 ors.

Court : Chennai

Reported in : 1996(1)CTC113

..... while examining the question on the basis of the motor vehicles act and the tamil nadu motor vehicles accident claims tribunal rules, 1989 (hereinafter called 'the rules) framed under section 176 read with section 211 of the motor vehicles act, we experienced certain difficulties in permitting withdrawal of the amount awarded as compensation ..... the judgment of the supreme court above referred to was rendered in certain general matters not relating to a motor accidents claim which are governed by statutory rules, and which rules had not been taken into account in the earlier interim orders relied on by the ..... inasmuch as several applications are being filed seeking stay of such awards by the motor accidents claims tribunal and an equal number of applications are filed by the claimants for withdrawing the amount pending disposal of the appeal, we directed all such applications pending before us to be posted, so that the arguments of other ..... we have already referred to the feet that the tamil nadu motor vehicles accident claims tribunal rules, 1989 are framed under section 176 read with section 11 of the ..... the rules provide for the manner of investigation of a motor accident, the manner of investingation of a motor accident, the manner of filing an application before the tribunal and the manner of determining the compensation by the ..... therefore, direct this judgment to be circulated to all the motor accident claims tribunals in the state through the respective district courts.8. .....

Tamil Nadu State Transport Corporation Represented by Its Managing Dir ...

Court : Chennai

Reported in : IV(2006)ACC395; 2006(3)CTC430; (2006)3MLJ265

..... 1/- (rupee one only) in the form of court fee stamp, if the claim in a case of accident is confined to special damage is and if any further general damage is claimed, an ad valorem fee shall be charged on the aggregate of the special and general damage claims on the following scale, namely,over rs. ..... further, he has drawn my attention to the tamil nadu motor vehicles accident claims tribunal rules, 1989, in which rule 24 provides as follows:every application under sub-section (1) of section 166 of the act for payment of compensation shall be accompanied by a fee of rs. ..... specifying the person or persons to 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. 13. ..... one important question which has arisen in all these appeals is in case the claim of compensation before the motor accident claims tribunal is rs. .....

United India Insurance Company Limited Vs. R. Venkatesan and Dakshinam ...

Court : Chennai

Reported in : 2004ACJ727; (2003)1MLJ268

..... claims tribunal rules, 1989 are enumerated hereunder for strict compliance by all the parties concerned:i) the officer in charge of the police station/investigating officer as soon as any information regarding any accident involving death or bodily injury to any person is recorded, shall forward a copy of the report/complaint within 30 days from the date of recording of information to the claims tribunal having jurisdiction, and ..... police officer not below the rank of a sub-inspector of police, who is entrusted with the investigation of the motor vehicles accident, shall without waiting for the result of the investigation or prosecution and as expeditiously as possible get an application in forms i and ii appended to these rules from the party injured in the accident or all or any of the legal representatives of the deceased, as the case may be, and forward the same to the ..... . it is also the duty of the investigating officer after registration of the case to forward copies of the first information report relating to the accident to the claims tribunal having jurisdiction; and the president of the district committee for legal aid and advice concerned constituted by the tamil nadu ..... officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the central government may prescribe. .....

Calcutta Insurance, Madras, Now Known as National Insurance Co. Ltd. V ...

Court : Chennai

Reported in : AIR1982Mad83

..... of the matter, we have to set aside the finding of the tribunal that the insurance company continues to be liable under the terms of the policy in respect of an accident, notwithstanding the fact that the original insured transferred the insurance policy in favour of the fourth respondent therefore, the award passed as against the appellant herein will stand set aside ..... the parties adduced evidence to substantiate their respective pleas and after analysing the evidence the tribunal held that the accident had occurred due to the rash and negligent driving of the car msr 5018, by its driver that a fair ..... he also contended that the said car had been left for repairs with messrs eswar automobiles on 14-8-1972, that the accident having occurred while the car was driven by the driver employed by the said automobiles the partners of the said automobiles are to be added ..... having regard to the short interval between the date of the transfer and the date of the accident, there is no possibility of the insurer intimating about the factum of lapse of the policy on the transfer to the registering authority, though the judgment of the bombay high court in ..... in this case, within one week from the date of intimation of the transfer, the accident had happened and whatever the insurance company might say after the date of the accident may not be material for deciding the question as to whether it had impliedly agreed for any novation and to substitute the purchaser as an insured under the policy taken .....

Madras Motor Insurance Co. Ltd., Madras Vs. Mohamed Mustafa Badsha and ...

Court : Chennai

Reported in : AIR1961Mad208; (1960)2MLJ202

..... the lower court was perfectly justified, even upon the basis (which was not proved, as i earlier observed) that the insured had sold the car to another prior to the date of the accident, i make no observations here upon the right of the appellant company to pursue any remedies against the original insured (defendant 1) or the transferee (defendant 2) or both.it may be pertinent here ..... that the insurance company ran claim, the law in this country mates it clear that this will not avail the company with regard to liability for damages to the victim of the accident.it is for this specific purpose that the legislature has enacted section 90(1) of the motor vehicles act, and it is explicitly stated there that:'notwithstanding that the insurer may he entitled ..... insured prior to the date of the ac-cident, the insurable interest in the policy thereby disappeared, so that, in legal effect, the policy must be construed as having lapsed on the date of the accident.it is admitted that (1) the policy had to run for a considerable period further (upto august of that year), before it was due for renewal by an-other policy with the appellant or some other company ..... any alternative view would involve the difficulty which would result in the injustice that the third parties, who may be injured by such accidents, may be unable to obtain the benefit of the compulsory insurance, under a variety of enforceable circumstances such as the transfer of property in the vehicle, or the death of the insured, .....

Oriental Insurance Company Ltd. Vs. C. Santhamani,

Court : Chennai

Reported in : II(2003)ACC59; 2003(1)CTC323; (2003)1MLJ258

..... considering the fact that the deceased was aged about 58 years on the date of the accident, in the light of his educational qualification and of the fact that even after retirement he was working as adviser to many textile mills, we are of the view that as rightly observed by the tribunal, undoubtedly, he would contribute at least rs.6, ..... since the appeal and cross objection arise against the very same award of the motor accidents claims tribunal, coimbatore, the same are being disposed of by the following common judgment. ..... it is seen from the evidence of p.w.1, second claimant that at the time of the accident, the deceased father was aged about 58 years and at the relevant time, he was working as an adviser in textile mills. ..... rs.limit any one passenger rs.10000/- rs36.00limit any one accident rs.50000/-add:ll to paid driver and/or cleaner/coolies as per endt.imt-16 rs.16.00add:for increased t.p.limits under section 11 1(i) unlimited under sec.11 1(ii) rs. rs. ..... after holding that but for the accident, the deceased chandrasekaran would live up-to the age of 65, multiplied the same by multiplier of 7 and arrived an amount of rs.5,04,000/-. ..... aggrieved by the award of the motor accidents claims tribunal, coimbatore dated 10-1-94 in m.c.o.p.no. .....

The Managing Director, Metropolitan Transport Corporation Ltd., Chenna ...

Court : Chennai

..... the appellant-insurance company is directed to deposit the entire award amount, with proportionate accrued interest and costs less the amount already deposited to the credit of m.c.o.p.no.2410 of 2009, on the file of motor accident claims tribunal, (iii court of small causes), chennai, within a period of four weeks from the date of receipt of copy of this order. ..... , earning rs.17,510/- per month and loss of future earning to the respondent-injured, who was just 34 years, at the time of accident, the tribunal has not considered, as to whether, the respondent-injured is entitled to just and reasonable compensation, for loss of future prospects. ..... for example, take the case of a non-earning member of a family who has been injured in an accident and sustained permanent disability due to amputation of leg or hand, it cannot be construed that no amount needs to be granted for permanent disability. ..... being aggrieved by the judgment and decree in m.c.o.p.no.2410 of 2009, dated 08.01.2014, on the file of motor accident claims tribunal, (iii court of small causes), chennai, the present appeal has been preferred, on the grounds, inter alia that, (i) the tribunal has erred in fixing negligence, on the driver of the metropolitan transport corporation ..... partial permanent disability refers to a person's inability to perform all the duties and bodily functions that he could perform before the accident, though he is able to perform some of them and is still able to engage in some gainful activity. .....