Court : Chennai
Reported in : III(2004)ACC651; 2005ACJ443; (2004)IIILLJ682Mad; (2004)3MLJ468
..... is said that if the workmen were engaged in such activities as construction of cooli-lines when they met with the accident, even the purposes of the estate, that would not enable a claim to be made against the estate as the ..... as the work undertaken by the contractor was in respect of the expansion of the business of the company, and the accident occurred in the factory premises under the control of the appellant, where its business was carried on the appellant was the principal employer liable to compensate the ..... did not answer the argument of the learned counsel that since the claimants established the employment of the deceased kumar under the 2nd respondent-contractor and the accident also took place as alleged, the 1st respondent-management mills are liable to pay the compensation. 14. ..... is not maintainable, assigned the reasons to the effect that as the business of the dean of the institute is not the construction activity and so the claim against the institute on the basis of the accident occurred during the course of employment for construction will not fall within the act. ..... wants to construct a residential house of his own engages a person for construction of the house and if such a person faces an accident during the course of the building of the house, he would be remediless under the act. ..... learned counsel for the appellants submitted that p.w.4, the co-worker deposed about the accident but the deputy commissioner has not even dealt with the said evidence while rejecting .....
Tag this Judgment!Court : Chennai
Reported in : (2008)8MLJ689
..... officer, in his evidence has deposed that in the load auto, inside the cabin in the seat allotted to the driver, one person alone is permitted to travel and that the said load auto involved in the accident as a goods vehicle, has no permit and that in the said auto inside the cabin, one seat has been allotted and another has been permitted to travel and that in the load portion, no one is permitted ..... therefore, this court comes to the conclusion that the first respondent/claimant has been engaged by the second respondent/first respondent as loadman, at the time of the accident and that the accident has taken place during the course of the employment arising out of use of motor vehicle and that ex.b.1 policy does not include the first respondent/claimant from claiming compensation for the injuries/disability ..... it is the evidence of p.w.1, ganesan/claimant/first respondent that he is not able to lift heavy objects with his right hand after the accident and that after the accident, he has taken treatment at the private bone hospital near kutthukkalvalasai and later, he has received treatment at the tenkasi government hospital and therefore, he has received treatment at ramanathapuram.21. p.w.2, dr. ..... admittedly, the first respondent/claimant has been the loadman of the second respondent/first respondent, owner of the vehicle, at the time of the accident and that the accident has taken place during the course of the claimant's employment with the second respondent/first respondent. .....
Tag this Judgment!Court : Chennai
Reported in : 2003ACJ1239; (2001)IILLJ1307Mad; (2001)2MLJ646
..... this court has held in the above decision that the burden is upon the claimant to establish that the death was only due to accident arising in the course of official duty and that consuming poisonous chemical is not part of his duty. ..... in this case, it is the specific case of the appellant that the workman himself invited the accident and the proviso to section 30 of the act states that the employer shall not be liable if the workman is guilty of wilful ..... the commissioner failed to note that the petitioner was doing the same job after the accident and therefore, the commissioner ought to have held that there was no loss of earning ..... had held that instructions were pasted on the notice board in the interest of the workers and inspite of this it appears that the worker was negligent and thereby due to his negligence he met with accident and got crushed his two fingers of left hand. ..... the workman, in the instant case, met with the accident while performing his duty, though not in a diligent manner, but the fact remains that his two fingers have been ..... the burden is upon the respondent-employer to establish that the petitioner after the accident was employed in the said company owned by r.w. 3. ..... this court has held that the fact that workman is paid the same wages as he was paid before the accident cannot deprive the workman of claiming compensation. ..... 1 and 2:there is no dispute that in the accident occurred on december 30, 1989 in the respondent's factory, the petitioner sustained .....
Tag this Judgment!Court : Chennai
Reported in : I(2005)ACC120; 2005ACJ687; 2004(5)CTC161; (2004)4MLJ587
..... that is why it has been said by courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to compensate such injury so far as money can compensate, because it is impossible to equate the money with the human ..... in the result,(1) we confirm the findings of the tribunal that the lorry mdm 4669 had involved in the accident and the accident took place only due to the rash and negligent driving of the said lorry;(2) the claimant is entitled to ..... perusal of the oral and documentary evidence found that the said lorry mdm 4669 involved in the accident and the accident occurred only due to the rash and negligent driving of the driver of the said lorry. ..... p97, it cannot be concluded that the vehicle, namely, mdm 4669 did not involve in the accident, especially the driver of the said vehicle mdm 4669 confessed the occurrence and paid the fine amount before the criminal court, as mentioned in the ..... since no argument was advanced regarding the finding given by the tribunal that the accident took place due to the negligence on the part of the lorry driver, we are not dealing with the same, but we ..... that report, another additional counter was filed denying that the lorry - mdm 4669 had involved in the accident that took place on 14.5.1995, and, according to the insurance company, the said lorry had been falsely implicated in the accident as if it colluded with the autorickshaw in which the claimant was travelling on 14.5.1995. .....
Tag this Judgment!Court : Chennai
Reported in : 2010ACJ300; (2009)2MLJ469
..... learned counsel appearing for the appellant/second opposite party has laconically contended that the vehicle which involved in the accident has been insured in the name of one muthukumar for the period from 12.01.2000 to 11.01.2001 and the accident has happened on 13.09.2000 and the insurance policy has been transferred in the name of the first opposite ..... an admitted fact that the vehicle which involved in the accident has been insured in the name of muthukumar for the period from 12.01.2000 to 11.01.2001 and the alleged accident has happened on 13.09.2000 and though the first opposite party ..... in the instant case, as stated earlier, the accident has taken place on 13.09.2000 and on the date of accident, the policy of insurance stands in the name of one muthukumar and only on 19.09.2000 the police of insurance has been transferred in the name of the ..... , rajasekaran has purchased the vehicle before the date of accident, the insurance policy has been transferred in his name ..... further it is stated that on the date of accident, one muthukumar has insured the vehicle which involved in the accident and the first opposite party is the employer of the applicant and there is no contract between the second opposite party and the first opposite party so as to indemnify the loss and therefore, the application ..... bench of this court has held that owner of vehicle contended that he had transferred the vehicle a few years prior to the date of accident but he continued to pay the insurance premium. .....
Tag this Judgment!Court : Chennai
Reported in : 2010ACJ336
..... due to the negligence of the authorities of the state in not checking overloading and adherence to the conditions of the permit by the owner of the vehicle and the relevant provisions of the act that the accident had occurred and hence the state must be found to be liable for contributory negligence and for that purpose it was just and necessary to implead the state as a party to the proceedings. ..... learned counsel for the insurance company further submitted that however much, the relevant provisions of the motor vehicles act are for the benefit of third parties or passengers of a transport vehicle injured in an accident, the same did not contain any provision which could enlarge the liability of the insurance company compelling it to cover more persons than it had contracted to cover. 13. ..... an amendment of the written statement of the company was also sought for to introduce the plea that the bus carried 90 passengers at the time of the accident as against the sitting capacity of 42 including the driver and the conductor and in that situation the liability should be apportioned between the insurance company, the owner and the state and ..... refuting the contentions, learned counsel for the claimants / respondents before the supreme court submitted that the victims of accidents are not to be driven to chase the mirage of recovery of compensation or damages from the owner of the vehicle and it is to ensure that the victims are paid compensation, whatever might be the inter se rights and .....
Tag this Judgment!Court : Chennai
Reported in : 2006ACJ1039; (2003)3MLJ410
..... subbiah, learned counsel appearing for the appellants while accepting the findings of the tribunal that the driver was not authorised to drive the maxi cab on the date of accident and that the vehicle did not possess a valid fitness certificate for being operated, or but on road, submitted that the appellants being third parties, it is not legally sustainable to exonerate the insurance ..... it is also not in dispute that the claimants are third parties and the accident has been caused by the rash and negligent driving the driver of the maxi cab resulting in instantaneous death of ..... of the tribunal below are modified as hereunder:-(i) there will be an award against all the three respondents, namely, (i) driver, (ii) owner and (iii) insurer of the vehicle in mcop.no: 213 of 1998 on the file of the motor accident claims tribunal (principal district judge) kanniyakumari at nagercoil directing payment of compensation of rs. ..... it is contended that the mahindra maxi cab even at the time of the accident was driven by a person, who was not having a valid driving licence to drive a maxi cab, besides the vehicle was plying without ..... respondent, insurer contended that it is the deceased, who drove the motorcycle rashly and negligently at the time of the accident, dashed against the maxi cab and sustained multiple injuries. ..... the tribunal below rendered a finding that the accident has been caused by the rash and negligent driving of the maxi cab driver, while accepting the appellants' case in .....
Tag this Judgment!Court : Chennai
Reported in : (2009)5MLJ715
..... principles of insurance law', we find the following quotation from porter's law of insurance (page 3) :all the insured persons who pay their motor insurance premia without facing an accident even once in their lives provide the funds, with which the insurer indemnifies the few against whom claims are made. ..... the concerned driver but on expiry there of, the same had not been renewed; (d) licence granted to the drivers being for one class or description of vehicle but the vehicle involved in the accident was of different class or description; and (e) the vehicle in question was driven by a person having a learner's licence.it was contended thus:15. ..... when the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependants on the one hand and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by him by way of business activity, there ..... that the insurance company must first pay, then it can recover.....the injured or relatives of person killed in the accident may find that the decree obtained by them is only a paper decree as the owner is a man of ..... an easy mode of getting compensation by the claimants, otherwise in normal course they had to pursue their claim against the owner from one forum to the other and ultimately to execute the order of the accident claims tribunal for realisation of such amount by sale of properties of the owner of the vehicle. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)ILLJ181Mad
..... conductor and since the first; respondent/petitioner is a conductor who is a third party, this court is of the considered view that the first respondent/petitioner's act of removing the tyre and resultant meeting that an accident on december 8, 2001 at about 11.00 p.m while re-fixing the tyre of the bus when the vehicle moved, is of a casual nature while assisting prabhu, a mechanic, and therefore, by his act of repairing ..... is the second party and other than these two, every individual is a third party including the first respondent/petitioner who has suffered injuries and disability on account of the accident while doing repairing work in connection with the bus and therefore, the commissioner/tribunal is correct in invoking the provisions of the workmen's compensation act to fasten the liability for ..... in any event, since the first respondent/petitioner was attending repairing working as part of his duty on the date of occurrence on december 8, 2001 at about 11.00 p.m, and resultantly, met with an accident and therefore, this court opines that his work of repairing, was within the term 'maintenance' as per schedule ii(i) of the act and therefore, he was a workman as per the workmen's compensation ..... that the first respondent/petitioner with a view to suit his claim, had given a false narration in regard to the manner of accident and that no such accident took place at all as alleged by the first respondent/petitioner and that the appellant/second respondent was not at all a necessary .....
Tag this Judgment!Court : Chennai
Reported in : I(2007)ACC124
..... it is further contended that the tribunal has not taken note of the age of the injured at the time of the accident and also not considered the future earning capacity of the claimant because the disablement is of a permanent nature, after the leg of the ..... the tribunal, after analysing the oral and documentary evidence and the circumstances in which the accident took place, has concluded that the negligence is on the part of the driver of the lorry belonging to the second respondent which is insured with the third respondent and therefore, for the ..... the injured claimant has filed this civil miscellaneous appeal questioning the award of the motor accidents claims tribunal, i additional district cum chief judicial magistrate, coimbatore, (hereinafter referred to as the tribunal ..... the submissions made, the following points arise for consideration: i) whether the tribunal is justified in applying the multiplier method while ascertaining compensation in the case of injury/permanent disablement sustained due to the accident ii) whether the tribunal is justified in fixing the monthly income of the injured claimant at the rate of rs. ..... of earning, the court must first decide what the claimant would have earned if the accident had not happened, allowing for any future increase or decrease in the rate of earnings. ..... of earnings, the court must first decide what the claimant would have earned if the accident had not happened, allowing for any future increase or decrease in the rate of earnings. .....
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