Court : Chennai
Reported in : AIR1981Mad138
..... 424, is a decision of the division bench of the mysore high court, wherein the bench held that where the driver of a goods vehicle picked up a passenger and the passenger sustained injuries on account of accident of the vehicle, the owner of the vehicle cannot be held vicariously liable to pay compensation, because giving a lift to a person in a goods vehicle by the driver is outside the scope of his employment, ..... facts of this case, it could clearly be seen that the driver of the tourist taxi has acted outside his authority in taking two more passengers than the permitted capacity and as the accident had occurred while he was carrying an unauthorised load of seven passengers as against the permitted load of five passengers, the owner of the taxi who had not authorised the taxi driver ..... compensation and if so to what amount?the tribunal after considering the evidence adduced by the parties in this case and also the parties in the other, claim petitions, held that the accident was due to the rash and negligent driving of the taxi driver, and that there is a vicarious liability on the part of the owner of the taxi and also the insurer to ..... car who entrusted it to another for plying it as a taxi and the latter given it to the cleaner for taking a driving test and the vehicle knocking down in an accident resulting in injuries to a third party, held that the owner of the vehicle was not vicariously liable for the tort committed by the cleaner who was driving the vehicle at the time of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1981Mad299
..... of section 95 applies only to the persons carried in the vehicle in respect of the 'death of or bodily injury caused to the persons carried in the vehicle which was responsible for causing the accident and not in respect of third parties who were injured in the accident and that in this case the deceased -and the injured not being the passengers or other persons carried in the bus, the insurance company is liable to indemnify the owner of the ..... these rival pleadings, two questions; that were taken up for consideration by the tribunal were- (1) whether the accident was caused due to the rash and negligent driving of the driver of the bus mdf 6776? ..... the tribunal, after a detailed consideration of the evidence adduced by the parties, held that the accident was purely due to the rash and negligen driving of the bus by its driver and, therefore, the owner of the bus as also the insurance company are liable to meet the claim for compensation ..... counsel for the appellant fairly concedes 'that neither the owner of the bus nor the insurance company bad adduced any evidence to show that the accident was not due to the rash and negligent driving of the bus by its owner. ..... though the learned counsel has challenged the finding of the tribunal that the accident was caused by the rash and negligent driving of the bus by its ..... limitation provided under section 95 (2) is to apply, the total aggregate liability of the insurance company in respect of one accident cannot exceed more than rupees 50,000/-. .....
Tag this Judgment!Court : Chennai
Reported in : 1992ACJ347; (1993)ILLJ312Mad; (1991)IIMLJ294
..... shrinivas sabata (supra) the supreme court pointed out that the employer became liable to pay compensation as soon as the personal injury was caused to the workman by accident, which arose out of and in the course of his employment and that it is futile to contend that the claim for compensation did not fall due till it is determined by the ..... abdul hameed (supra) dealing with the applicability of the amended schedule iv by central act of 65 of 1976 effective from october 1, 1975 in respect of an accident that took place on march 29, 1975, it was pointed out that it would be incongruous to say that the accident took place on march 29, 1975, but that the compensation awarded should be at the rates, which were in force on and from october 1, 1975 and that ..... it would indeed be an ideal state of affairs, if compensations for the injuries sustained by a workman in the course of his employment, is determined even on the very day of accident and made available to the workman by the employer, but that is not possible if the procedure laid down in the act is rigidly adhered to and there are bound to be procedural delays ..... with the provisions of the workmen's compensation act and for computing the compensation payable, the tribunal took into account the age of the deceased as 35 at the time of the accident and applying section 4 and schedule iv to the workmen's compensation act, as amended by act 22 of 1984, determined the compensation awardable to respondents 1 to 5 in a sum of rs. .....
Tag this Judgment!Court : Chennai
Reported in : 2006ACJ2587; 2008(2)CTC407; [2008(117)FLR745]; (2008)IIILLJ61Mad; (2008)4MLJ58
..... liable:(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding [three] days;(b) in respect of any [injury, not resulting in death [or permanent total disablement], caused by] an accident which is directly attributable to:(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing ..... ibrahim mahmmed issak), 'although the onus of proving that the injury by accident arose out of and in the course of employment rests upon the applicant, these essentials may be inferred when the facts proved ..... all times to produce direct evidence of the connection between the employment and the injury, but if the probabilities are more in favour of the applicant then the commissioner is justified in inferring that the accident did in fact arose out of an din the course of the employment.16. ..... there must be a casual connection between the injury and the accident and the accident and the work done in the course of employment. ..... the supreme court has held as follows:to come within the act the injury by accident must arise both out of and in the course of employment. ..... the appellant/management has submitted that evidence of pw-1 is not specific as to the stress and strain and while so, the deputy commissioner erred in finding that the accident arose out of and in the course of employment. .....
Tag this Judgment!Court : Chennai
Reported in : (1966)IILLJ12Mad
..... the evidence before him, the additional commissioner for workmen's compensation held that the deceased died as a result of an injury he received due to an accident arising out of and in the course of his employment under the electricity board and that the amount of compensation payable would be ra. ..... , acceleration or lighting up of a pre-existing or latent infirmity or weakened physical condition by an accidental personal injury within the compensation act may constitute a disability of such a character as to entitle the injured employee to compensation even though the accident would not have produced the same effect in or caused injury to, a perfectly normal, healthy individual or even an average employee. ..... 247 thus:in each case the arbitrator ought to consider whether in substance, as far as he can judge on such a matter, the accident came from the disease alone, so that whatever the man had been doing, it would probably have come all the same, or whether the employment contributed ..... but according to the dissenting opinion of lord atkinson, the death of the deceased in that case was no more an accident than if, had he been a butler, he had died walking slowly up the stairs of the house in which he served, or, had he been a coachman he had died while slowly mounting to his ..... 3 of the workmen's compensation act provides that, if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation .....
Tag this Judgment!Court : Chennai
Reported in : II(1990)ACC562
..... income of the deceased and that in assessing damages, factors like uncertainties of life and the fact of accelerated payment that the claimants would be getting as lump sum amount and, but for the accident it would have been available to the claimants in driblets over a period of number of years, should be taken into consideration while assessing the quantum of the compensation awardable to the claimants. ..... merely on the ground that the name of the deceased who died at the accident had not been given as palaniswami in exhibit a-1, the statement of p.w.1 that deceased was the driver of the said lorry, cannot be ..... not true that palanaiswami was driving the lorry at the time of the accident, but it was one ayyasamy who was driving the lorry at that time ..... leads to the irresistible conclusion that the contention of the claimants that the accident had happened due to the rash and negligent driving of the bus t.m.n. ..... contended that the oral and documentary evidence lot in by them would show that the accident was due to the rash and negligent driving of the appellant's bus, t.m.n. ..... counsel, that the tribunal has not properly appreciated the evidence on record and as such, the award suffers from many infirmities including the question of liability for the accident and with respect of the quantum of compensation awarded to the claimants. ..... as both the claim petitions arose out of the same accident, on a joint memo by the parties both the petitions were heard together, evidence being recorded .....
Tag this Judgment!Court : Chennai
Reported in : (1981)1MLJ17
..... learned government pleader, has however raised a legal plea that having regard to the purpose for which the vehicle had been used at the time of the accident, the state is entitled to claim immunity from payment of compensation, for the reason that the vehicle has been used in the course of the exercise of ..... motor cycle at a high speed and on the wrong side of the road, that he drove tae motor cycle in a reckless, negligent and careless manner, and dashed against the van, that therefore, the accident cannot be taken to be due to the fault of the driver of the van, and that therefore the respondents are not liable to pay any compensation to the claimants.4. ..... alleging that the driver of the van drove it in a rash and negligent manner and that the accident was solely due to his driving the vehicle on the wrong side of the road, the widow and the children of the deceased naina mohammed filed the claim petition, claiming ..... , we are not inclined to uphold the legal plea raised by the learned government pleader that the state is immune from the liability in respect of the accident caused by the driver of the fire service ambulance van, by his rash and negligent driving.18. ..... therefore see any justification for interference with the findings of the tribunal that the accident was due to the rash and negligent driving of the ambulance van by its ..... then taking into account the age of the deceased at the time of the accident, which was 48 years, the loss of earnings for a period of 12 .....
Tag this Judgment!Court : Chennai
Reported in : I(1988)ACC468
..... the second respondent before the tribunal (2nd appellant) contended that the deceased was driving his cycle carelessly and negligently and the accident was purely due to the negligence of the deceased and that the car was being driven with proper care and caution. ..... therefore, bearing these principles in mind, this court holds that the system of multiplier in arriving at a quantum of compensation in motor accident claims entirely depends upon the discretion of the tribunal and the appellate court and the said discretion, vested with the tribunal or the appellate court is to be exercised judicially, and not ..... pushpa kutnwar 1983 acj 629 , where the deceased victim was 32 years of age at the time of death due to accident, the same high court held that there was no reason to depart from the normal practice of adopting 15 as a conventional multiplier and fixed 15 years' purchase factor in the place of 10 as fixed by the tribunal in another case, leelabai ..... shori ganjoo 1982 acj 470 , the same court held that the multiplier to be adopted was 1 in the case of a deceased aged 31 years on the ground that the deceased, but for the accident, would have supported bif dependent, a six year old daughter, for at least 15 years till she got married.17. ..... suman navnath raj guru 1985 acj 243 , where the deceased, aged 21 years, was engaged at the time of the accident in the business of manufacture of footwear, the multiplier of 20 years fixed by the tribunal was upheld by the bombay high court .....
Tag this Judgment!Court : Chennai
Reported in : 2(1988)ACC20
..... it is not as if any evidence is available to the effect that the deceased was standing near the outer doorway at the time of the accident and he fell down, due to his own negligence as at that time he was having a reeling sensation and he took the risk of standing near the gate ..... enter the bus, but was standing on the foot board while travelling and hence when he fell down from the bus and was run over by the rear wheel of the bus, the accident was purely due to his own negligence and the claimant is not entitled to any compensation whatever.4. ..... : [1987]3scr1149 wherein in the supreme court has held as follows:where a passenger bus run as a stage carriage is involved in an accident and only one passenger dies, the liability of the insurer is limited to the amount of only rs. ..... the documentary evidence on his sides was exhibit b-1, the copy of the accident register entry, while the only document filed by the insurance company was the insurance policy in respect of the vehicle ..... fact, however, remains that it was only due to the rash and negligent driving of the bus by the driver that the accident occurred, in which the deceased sustained injuries. ..... is marked in evidence is a copy of the entries in the accident register, and the original is not available.8. ..... claim was resisted by the owner of the bus on the ground that the accident was due to the drunkenness of the deceased. ..... the occurrence in this case took place due to an accident in which the bus belonging to the uppellant in a.a.o. .....
Tag this Judgment!Court : Chennai
Reported in : 2(1988)ACC494
..... 7th respondent herein, who was impleaded as the 3rd respondent before the tribunal as the owner of the vehicle at the time of the accident filed counter and stated that the claim is not maintainable either in law or on facts and the petitioners claimants are not entitled to any ..... only points that arise for determination in the appeal are:(1) whether the appellant is liable to pay the compensation, or whether it is the owner of the lorry, to be ascertained from the evidence, at the time of the accident that is liable to pay the compensation and (2) whether the application at this stage has to be allowed so far as the introduction of the policy is concerned ?10. ..... first respondent (6th respondent herein) contended in his counter that he was not the owner of the lorry at the time of the accident, he having sold the vehicle to the 7th respondent herein on 13-3-1976 itself, and hence he was not a necessary party to the ..... high speed with which the lorry was driven and also due to the heavy load, the lorry tyre got burst resulting in the accident, which could have been averted by the lorry being driven at a normal speed. ..... hand, the lorry was driven very carefully and at a normal speed and the accident happened due to circumstances beyond the control of the driver of the lorry. ..... respondent before the tribunal, who is held to be the purchaser of the lorry in question and was owning it on the date of the accident in the circumstances, the appeal deserves to be allowed and it is hereby allowed. .....
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