Court : Chennai
Reported in : (1984)ILLJ149Mad; (1983)IIMLJ552
..... thus, while providing for compulsory insurance of a motor vehicle, the question of covering the risk of an employee where the accident took place in the course of his employment, the legislature had definitely in mind the compensation act and made it a basis to cover the claim.section 96 is to be following effect :"96. ..... all the contentions raised by the employer and the insurance company were rejected by the additional commissioner for workmen's compensation, who held that the accident took place in the course of employment and the insurance company was also liable to pay compensation. ..... section 10 provides that no claim for compensation shall be entertained by the commissioner unless notice of the accident has been given as soon as practicable, after the happening thereof, as provided in that section to the employer.17. ..... there is no dispute before us that injury was caused to the employee by accident which occurred in the course of his employment and the employer's liability was there to pay compensation, as held by the trial court.14. ..... while working on the lorry the first respondent met with an accident on 26th june, 1968, when the said lorry was hit by another lorry bearing registration no mdt 7153 and he sustained injures in the course of his employment, as a result of which his left high bone was crushed ..... section 10-a gives the commissioner suo motu power to require from employers, statements regarding fatal accidents when he gets information about them from any source.18. .....
Tag this Judgment!Court : Chennai
Reported in : [1982(45)FLR254]; (1982)IILLJ149Mad
..... the facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman keeping in view at all times this theory of notional extension".even this theory of notional extension cannot be applied in this case since the workman ..... are quoted with approval :"it is enough it it is established that : (1) at the time of the accident he was in fact employed on the duties of his employment; (2) that it occurred at the place where he was performing those duties; and (3) that the immediate act which led to the accident is not so remote from the sphere of his duties as to be regarded as something foreign to them ..... the supreme court upheld the view of the bombay high court that the accident which occurred when the bus driver boarded another bus to go to his residence after finishing his work was during the course of ..... raja and others [1958-ii 47-249] that the facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of the workman. ..... it has been observed in the head-note as follows :"to come within the act the injury by accident must arise both out of and in the course of employment. ..... although the onus of proving that the injury by accident arose both out of and in the course of employment rests upon the applicant those essentials may be inferred when the facts proved justify .....
Tag this Judgment!Court : Chennai
Reported in : II(1987)ACC385; (1987)2MLJ214
..... the first respondent filed a written statement containing the following contentions: the accident was caused by the rash and negligent driving of the lorry myk 5890 ..... it is well settled in law that where a person is injured or dies in a motor accident which occurs not on account of his negligence but because the drivers of colliding vehicles were negligent, the claimants are entitled to damage jointly and severally from the negligent respondents ..... 531, it was held that if due to the negligence of a and b, z has been injured in motor accident, z can sue both a and b for the whole damage. ..... 462 (appeal cases), that the courts have however held the drivers of both the vehicles, causing the accident to share the responsibility for the accident to the extent of half and half.12. ..... the third respondent filed a written statement containing the following contentions: the nature of the accident as described in the application is not admitted. ..... the 1st respondent's lorry was smashed in the accident and this respondent had to spend rs. ..... at the time of the accident, he was transporting 150 bags of vegetables in the lorry ..... as already stated the tribunal held that the lorry myk 5890 was driven rashly and negligently and caused the accident and found point no. ..... but for the accident, he would have lived for another thirty years and would be helpful to the petitioners/appellants herein ..... therefore, the lorry myk 5890 was driven rashly and negligently and caused the accident and as such point no. 1 in m.o.p. no. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad321; (1984)2MLJ443
..... therefore, we cannot say that the appellant had given a false statement that there was no accident on the basis of which the policy was given with effect from the same date 30-9-1976. ..... this court held that though the policy was issued subsequent to the accident, the risk is covered as the policy is effective from the whole of the day on which it was issued. ..... the learned counsel for the insurance company pointed out that under column 5 of the proposal form, the insurer is asked to state 'what accident (if any) have occurred to this or to any other car at any time owned or driven by proposer during the last 5 years', and the appellant should have mentioned about the accident it he wanted to claim the benefit of the policy. ..... we ranjit allow our mind to boggle, when it corne~l to the necessarv corrollary of treating ihe accident as having taken place after ~he policy took effect. ..... the first respondent before the motor accidents claims tribunal, the owner oft he car crp 6835 is the appellant herein. ..... to as a statement and that was according to the learned counsel the proposal form was sent by the appellant in the morning on 30-9-1979 through his manager and that at the time when he sent the proposal, the accident had not taken place. ..... in that case, the accident took place on, 11th february 1978 ..... as already stated, on 30-9-1976, the -accident took place at or about 10-30 a.m. ..... the additional motor accidents claims tribunal, madras, by order dat6d 19-0-1979, determined the compensation at rs .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad358
..... 77 and 98 of 1980, to this limited extent, namely, while confirming the finding of the court below that the accident occurred due to the rash and negligent driving of the van belonging to the van owners, we remit the suit back to the file of the court below with a direction to readmit the suit ..... but, on an analysis of the materials placed in the case, we are firm in our opinion, that the accident occurred solely due to the rash and negligent driving of the van by its driver and there is no question of composite negligence ..... counsel for the appellants advanced arguments that the driver of the bus was rash and negligent either to say that the accident occurred solely on account of the rash and negligent driving by the driver of the bus or at least the accident must have occurred due to the composite negligence of both the drivers. ..... , the analysis of the materials placed in both the cases in the shape of evidence, oral and documentary, to establish beyond doubt that the accident occurred on account of the rash and negligent driving of the van by its driver, a. ..... if the claimant is guilty of an act or omission which has materially contributed to the accident and the resultant injury and damages, the matter comes within the concept of contributory negligence and courts are enjoined to apportion the loss between the parties as the facts and circumstances ..... 1977, on the question of the manner and the cause of the accident the evidence placed has been properly analysed by the court below. ex. .....
Tag this Judgment!Court : Chennai
Reported in : (1983)IILLJ326Mad; (1983)IIMLJ63
..... part the deceased either added to the peril or otherwise enlarged it and under these circumstances, it has to be held on the uncontradicted testimony of the respondent that the deceased met with his death only as a result of an accident which arose out of and also in the course employment under the appellant and therefore, the appellant was liable to pay compensation in accordance with the provisions of the workmen's compensation act. ..... it was also pointed out by the supreme court that in the case of death caused by the accident, the burden of proof, no doubt, rests on the dependents of the deceased workman to prove that the accident arose out of employment as well as in the course of employment, but that it may be inferred when the facts proved justify the ..... who had unauthorisedly diverted the water from the canal and about whom he had made a complaint to the junior engineer and by reason of that, the deceased had to face a peril and the accident resulting in his death was caused by reason of such peril which the deceased was obliged to face. ..... in other words, there must be a casual relationship between the accident and the employment and if the accident had occurred on account of a risk which is an incident of the employment, then the claim for compensation must succeed, unless the workman had by his own imprudent act exposed himself to ..... the proper test to be applied for determining the question whether an accident arose out of employment or not has been laid down by the supreme .....
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad117
..... in the policy issued by the insurer, there is a condition that the policy would cover an accident only if the person who drives the vehicle holds a licence to drive the same. ..... 9000 is required and that as the vehicle had been immobilised due to the accident, there was loss incurred (as the car had been run as a taxi) to the extent of rs ..... 2000 as the amount that the owner of the car lost as a result of the accident, inasmuch as the car which was running as a taxi was not able to be put on the road for a long period ..... a rough plan prepared by the police officer who investigated the accident has been exhibited in the case and the correctness of the same is not ..... 348 of 1972 arises, is made by the owner of the car (taxi) regarding the damage to the vehicle on the ground that the accident was due to negligence on the part of the driver of the bus. ..... therefore, the conclusion of the court below that the accident was due to the negligence on the part of the driver of the bus has to be accepted ..... 10000 for the car, as on the date of the accident the value of the same cannot exceed a sum of ..... was the said murrugayyan who had been prosecuted by the police for rash and negligent driving regarding the accident and he had been convicted by the criminal court. ..... case of the insurer has been that the bus was driven at the time of the accident by a person who had no licence to drive a vehicle of that type and that, therefore, as per the conditions of the policy, the accident is not covered by the same. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]235ITR491(Mad)
..... referred to us, in the affirmative and against the department in so far as the expenditure incurred towards rates and taxes paid in respect of the buildings and vehicles owned by the company, maintenance of vehicles and personal accident insurance premium is concerned and in so far as the other expenses like salary paid to watchmen and depreciation allowance granted by the company are concerned, they are answered in the negative and in favour of the department. 14 ..... like rates and taxes, building maintenance expenditure, insurance, depreciation of buildings, salary to watchmen, maintenance expenditure including depreciation, rent paid by the company for the property on lease, electricity charges and personal accident insurance cannot be classified as perquisites and hence, he held that those items could not form part of perquisites and cannot be disallowed under the provisions of s. ..... of the case, the expenses like rates and taxes paid in respect of the buildings and vehicles owned by the company, salary paid to the watchman, maintenance of vehicles and depreciation thereon and personal accident insurance premium payment cannot be treated as perquisites for purposes of disallowance under s. ..... in so far as the payments made towards the personal accident insurance premium is concerned, he submitted that the directors and the employees of assessee-company do not derive any benefit by such payment and the personal accident insurance premium is paid by the assessee-company for its .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad65
..... that the deceased was driving the car bearing no registration number at a dangerous speed that he while attempting to overtake a stationary vehicle unmindful of the on-coming convoy of cars hit the vehicle wgk 9095 that the accident took place purely due to the rash and negligent driving of, the deceased, and his overlooking the elementary rules of the road, that the third respondent, the driver of the car wgk 9095 was ..... not at all responsible for the accident, that if he had not turned a little to his left to avoid a head on collision, a more gruesome tragedy would have occurred, that the accident took place due to the irresponsible act of the deceased, that the third respondent never swerved his car to the right and, therefore, ..... both parties adduced evidence before the tribunal in respect of their respective contentions and the tribunal after analyzing the evidence, held that the accident was solely due to the rash negligent driving of the 8th car in the convoy wgk 9095, that there was no negligence on the part of the deceased in driving his car, that the first respondent ..... . but so long as the death has not definitely been found to be due to causes unconnected with the injury sustained by the deceased as a result of the accident it is not possible to say that the appellants the owner of the vehicle and the insurance company are not liable to pay compensation for the death of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad151
..... 129) -"if, as is in this case, all the conditions laid down in the section are not reproduced in the policy and the policy positively undertakes to cover liability in respect of an accident caused by a person, who though not having an effective licence at the time of the accident, had not been disqualified to hold a licence, the company cannot, in disregard of its policy, fall back upon the section and say that despite the contract it has entered into to the ..... in this view, the tribunal held that the insurance company cannot avoid its liability under the policy for the accident in question, aggrieved by the award of the tribunal, the insurer has filed this appeal, wherein the only contention raised is, that the driver of the auto-rickshaw which caused the accident, had no valid driving licence to drive the vehicle and that the contrary finding given by the tribunal cannot be sustained ..... even though the appellant has called upon the driver as well as the owner of the vehicle, which was involved in the accident to produce the driver's licence by a notice to produce, the licence has not been produced. ..... person driving holds a licence to drive the motor vehicle or has held and is not disqualified for holding or obtaining such a licence" clearly contemplates a person who, although he had obtained a licence which expired prior to the accident, did not bold, a valid licence on the date of the accident and yet was not disqualified for holding or obtaining such a licence. .....
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