Judgment Search Results Home > Cases Phrase: accident Court: chennai Page 14 of about 44,608 results (0.092 seconds)

Tamil Nadu State Transport Corporation. Vs. S.Selvaraj

Court : Chennai

..... finding of the tribunal that the bus driver was responsible for the accident and that the appellant-transport corporation is liable to pay compensation is based on the evidence on record and cannot be interfered ..... aggrieved with the quantum of compensation of rs.15,45,000/- awarded to the claimant for the injuries sustained by him in the road traffic accident on 07.02.2002, appellant-tamil nadu state transport corporation has preferred this appeal.2. ..... upon consideration of oral and documentary evidence, tribunal held that the accident was due to rash and negligent driving of the bus driver and that appellant-transport corporation is liable to pay compensation to the ..... since the appellant-transport corporation bus driver is no way responsible for the accident, appellant-transport corporation is not liable to pay compensation to the claimant ..... even though claimant claims that after the accident, he could not get along with his pilot work, by perusal of ex.p40-letter addressed by tuticorin port trust to the claimant, it is seen that claimant has made an application on 16.10.2003 requesting tuticorin port trust to engage him ..... it was necessary to be borne in mind that strict proof of an accident caused in a particular manner may not be possible to be done by the ..... appeal filed under section 173 of motor vehicles act, 1988 against the judgment and decree dated 03.07.2007 in m.c.o.p.no.69 of 2003 on the file of motor accident claims tribunal (sub-court), tuticorin.judgmentr.banumathi,j.1. .....

M.Ramanan and anr. Vs. F.Christy, and ors.

Court : Chennai

..... , the tribunal coming to the conclusion that since the scooterist was then not having driving licence she had contributed to the accident deducted 50% of the amount from the said amount, and towards loss of income it had awarded only rs.4,59,000/-. ..... the complainant must be guilty of an act or omission which materially contributed to the accident and resulted in injury and damage, the concept of contributory negligence would apply."8. ..... after investigation, the police filed ex.p2 final report that the accident was due to the rash and negligent driving of the lorry driver and thus, he has committed an offence under section 304-a ipc. ..... if he was not driving rashly and negligently which contributed to the accident, we failed to see as to how, only because he was not having a licence, he would be held to be guilty of contributory negligence ..... sudhir kumar rana (2008-4-l.w-811), the claimant who had driven a two wheeler suffered injury in the accident due to the rash and negligent driving of the truck driver. ..... the judgment and decree dated 20.10.2006 made in mcop no.1664 of 2005 on the file of the motor accidents claims tribunal (first additional district judge), coimbatore.p.devadass, j.1. ..... respondents must establish by evidence that by her act she had contributed to the accident notwithstanding her not holding the driving licence. ..... in mcop.no.1664 of 2005, before the motor accident claims tribunal(first additional district judge), coimbatore, the husband and son of the deceased have claimed .....

The Managing Director. Vs. Sekar

Court : Chennai

..... a person travelled in the car lodged the fir, wherein it is stated that the accident was due to the rash and negligent driving of the bus driver. ..... analysing the evidence, oral and documentary, the tribunal concluded that the accident was due to the rash and negligent driving of r.w.1. ..... no.621 of 2003 on the file of the motor accidents claims tribunal (principal sub judge), cuddalore.j u d g m e n t1. ..... at the time of accident, he was driving the ambassador car. ..... the road accident had taken place on 09.11.2002. ..... after investigation, case has been registered as against r.w.1 for having caused the road accident. ..... learned counsel for the appellant would contend that as per the evidence on record the respondent was negligent, he alone is responsible for the accident. .....

Komeravel Gounder and Others Vs. Bajaj Allianz General Insurance Compa ...

Court : Chennai

..... mr.k.s.narasimhan, learned counsel for insurance company contended that when the tribunal held that cause for accident was the negligence of the deceased senthilkumar himself, tribunal ought not to have awarded compensation for "no fault liability" under section ..... each unnamed occupant including driver (maximum of 4 (four) persons of registered seating capacity of the vehicle whichever is less) for death only, occurring within 12 months of bodily injury sustained directly arising out of accident to the insured vehicle during the period of insurance concurrent with the period of this motor policy. ..... case of insurance company is that owner himself drove the vehicle and that the accident was due to negligence of the owner-cum-driver and therefore, they are not bound to pay separate compensation to the ..... referring to the evidence of r.w.1, tribunal held that no extra premium was paid for "personal accident coverage for owner" and therefore, insurance company is not liable to pay compensation for the ..... payable in respect of death or injury directly or indirectly wholly or in part arising or resulting from or traceable to (a) intentional self injury suicide or attempted suicide physical defect or infirmity or (b) an accident happening whilst such person is under the influence of intoxicating liquor or drugs. ..... the owner of the vehicle (deceased senthilkumar) are entitled for compensation only under the head "personal accident coverage" provided premium has been paid under the said heading. .....

The Managing Director, Tamil Nadu State Transport Corporation Vs. Rama ...

Court : Chennai Madurai

..... - evidence in proof of purchase of plots, would disclose that even at an young age had earned a very good income, but for the tragic demise on account of the accident, he would have reached high position and earned more income and the tribunal on correct appreciation of oral and documentary evidence has rightly awarded the compensation and therefore, he prays for the ..... mulcted the liability on the insurer of the vehicle, namely, the third respondent and insofar as the quantum of compensation is concerned, the tribunal found that on account of the accident, the claimant cannot walk and stand and also sit and is not in a position to have marital relationship and found that he would experience difficulty in attending the call ..... has granted an interim order of stay on 21.04.2006 and directed the appellant-transport corporation to deposit the entire award amount to the credit of m.c.o.p.no.1219 of 2004 on the file of the motor accident claims tribunal - i additional sub court, madurai, with a default clause, out of which, the respondents 1 and 2 /claimants 1 and 2 were permitted to withdraw 50% of their respective ..... registration no.tn-38-p-6429, the tribunal has categorically found that the bus belonging to the transport corporation driven by the driver, namely, muruganantham (r.w.1) did not cause the accident and therefore, directed the insurer of the mahindra van to indemnify the claimants and therefore, he prays for setting aside the award and decree made in m.c.o.p.no.1219 of 2004 .....

Veerasamy Vs. R. Rajeswaran and Another

Court : Chennai

..... case, correctly came to a conclusion that since the policy is not covered and the claimant was traveled in a goods vehicle as a passenger and more than 20 passengers were travelled in the vehicle during the time of accident, that is against the policy conditions and hence, the insurance company is not liable to pay any amount and dismissed the petition against the insurance company and hence, the learned counsel prayed that ..... a mini lorry bearing registration no.tn-45-k-216, which belongs to the first respondent and insured with the second respondent, due to the rash and negligent driving of the lorry driver, the lorry met with an accident and in the said accident, the appellant/claimant sustained multiple injuries and he filed a petition in m.c.o.p.no.595 of 2002 claiming damages for the injuries sustained by him. ..... miscellaneous appeal filed under section 173 of the motor vehicles act 1988, against the judgment and award dated 20.08.2003 passed in m.a.c.t.o.p.no.595 of 2002 on the file of the motor accidents claims tribunal, (district court), perambalur, in so far as the same are against the appellant.) 1. ..... claimant is construed as one of the non-fare paying passengers travelled in the mini lorry during the time of accident, the insurance company is also liable to pay damages to the claimant. ..... appeal is directed against the judgment and award dated 20.08.2003 made in m.a.c.t.o.p.no.595 of 2002 on the file of the motor accidents claims tribunal, (district court), perambalur. 2. .....

Anandha Lakshmi and Another Vs. Tamil Nadu State Transport Corporation ...

Court : Chennai

..... be claimed in regard to the death of such persons and such compensation will lead to such an unpleasant situation that the defaulting negligent driver will escape the liability for any such accident for the purpose of compensation, i fully agree with learned counsel for the appellants in this regard and specially when in the present case, application for compensation had also been filed ..... appellant is accepted, i do not surprise that in future the appellant may plead that generally the aged ones are only a liability in the family and since due to the accident the aged one died, the family is get rid of the same and the driver should be suitably rewarded by the legal representatives instead of claiming any compensation for the ..... that the category of persons, who are entitled to claim compensation on account of the death of the deceased person, cannot be restricted to the relations specified in section 1-a of the fatal accidents act, 1855 and i agree with the view taken by the madras, andhra pradesh and gujarat high courts in the decisions referred to above that all the legal representatives of a deceased ..... together and they are dependent upon the bread-winner of the family and if the bread-winner is killed on account of a motor vehicle accident, there is no justification to deny them compensation relying upon the provisions of the fatal accidents act, 1855 which as we have already held has been substantially modified by the provisions contained in the act in relation to cases arising .....

Royal Sundaram Alliance Insurance Co.Ltd. Vs. Selvambigai and Others

Court : Chennai

..... specific evidence to the effect that motor cycle has dashed against his bi-cycle and the person, who has driven the same, sustained head injuries and the motor accident claims tribunal, without considering the acceptable evidence adduced on the side of the second respondent, has erroneously found that the first respondent has driven the motor cycle at the time of ..... side of the petitioners, acceptable evidence is available for the purpose of proving that the first respondent has driven the vehicle at the time of the accident and also considering that on the basis of evidence given by r.w.3, the court cannot come to a conclusion that entire accident has taken place only due to rash and negligent driving of the deceased, this court is of the view that there is no force in the ..... examined as r.w.1 and his specific evidence is that at the time of the accident, he has driven the motor cycle and the motor accident claims tribunal, after considering all the evidence available on the side of the petitioners and also the specific evidence given by r.w.1, has rightly come to a conclusion that the accident has taken place only due to rash and negligent driving of the first respondent ..... the first respondent has driven the same on kallakurichi main road and all of a sudden, he applied brake so as to avert accident and unfortunately, the vehicle met with an accident and due to that, the deceased has sustained fatal injuries and the first respondent has given a complaint and the same has been .....

The General Manager Tamil Nadu State Transport Corporation Ltd., Puduk ...

Court : Chennai

..... the appellant is directed to deposit the entire award amount with proportionate interest to the credit of m.c.o.p.no.513 of 2013 on the file of the motor accidents claims tribunal, principal district judge, perambalur, within a period of eight weeks from the date of receipt of a copy of this order and on such deposit being made, the claimants are permitted to withdraw their respective ..... fact that the deceased was having valid driving licence to drive the two wheeler came to conclusion that due to the rash and negligent driving of the driver of the offending vehicle the accident had occurred and he alone was responsible for the accident and consequently liability was fixed on the appellant, to compensate the claimants. 5. ..... of the deceased at rs.8,070/- and by adding 50% towards future prospects and by deducting 1/3rd towards personal expenses, since there are four claimants and since the age of the deceased at the time of accident was 26 years, by adopting 17 multiplier, has correctly calculated the loss of income. ..... has preferred this civil miscellaneous appeal challenging the judgment and decree dated 26.02.2015 passed in m.c.o.p.no.513 of 2013 on the file of the motor accidents claims tribunal , principal district judge, perambalur. 2. ..... appeal is filed under section 173 of motor vehicles act, 1988 against the judgment and decree dated 26.02.2015 passed in m.c.o.p.no.513 of 2013 on the file of the motor accidents claims tribunal , principal district judge, perambalur.) s. .....

Dharman and Another Vs. N.C. Srinivasan and Others

Court : Chennai

Reported in : I(1990)ACC507; 1990ACJ27; AIR1990Mad14

..... contained in the policy of insurance, held that the exclusion clause has to be read down, in order that it is not at war with the main purpose of the provisions enacted for the protection of victims of accidents and that in order to define the intention of the legislature in the course of interpretation of the relevant provisions, there can scarcely be a better test, than that of probing into the motive and philosophy of the ..... , learned counsel for the appellants, urged the following two contentions in support of his prayer--(1) the vehicle having been insured with the second respondent and the accident having taken place during the period of cover and the policy of insurance not having been terminated during the period of cover in any one of the modes ..... 96(2)(a) and (e) which arc as follows --'(a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered lo the insurer or that the person to whom the certificate was issued has made an affidavit stating ..... policy could be cancelled (1) by mutual consent, (2) by virtue of any provision contained therein before the accident giving rise to the liability and the certificate of insurance is surrendered; (3) either before or not later than fourteen clays after the accident, the insurer has commenced proceedings for cancellation of the certificate, after compliance with the provisions of s. .....