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The Oriental Insurance Company Ltd. Vs. Kaliya Pillai,

Court : Chennai

Reported in : I(2003)ACC447; 2003ACJ1021; [2003(96)FLR399]; (2003)ILLJ536Mad; (2002)3MLJ777

..... the case on hand, on the basis of the materials placed, the tribunal in para 5 has arrived at a specific finding that the accident was caused due to rashness and negligence on the part of the driver of the tractor and trailer, namely, pavulkumar. ..... , learned counsel appearing for the appellant, by drawing our attention to the specific finding of the tribunal that the accident was caused due to rash and negligent driving of the driver of the tractor and trailer, and that he alone was responsible for the accident, contended that the tribunal has committed an error in passing the award in favour of the claimants. ..... per section 3 of the workmen's compensation act, undoubtedly the employer is liable to pay compensation in respect of personal injury or death caused to a workman by accident arising out of and in the course of his employment in accordance with the provisions of chapter ii. ..... the tribunal on appreciation of oral and documentary evidence and after holding that the accident was caused due to rash and negligent act of the driver of the tractor namely pavulkumar and that the tractor being insured with the oriental insurance company, second respondent therein/appellant herein, passed ..... make it clear that we are of the view that the liability to pay interest would run from the date on which the right to receive compensation accrues in favour of the workman namely the date of the accident and not on the date of issuance of orders by the commissioner for workmen's compensation. 10. .....

United India Insurance Company Limited Vs. Amir Basha,

Court : Chennai

Reported in : III(2003)ACC104; 2003ACJ1386; AIR2003Mad237; (2003)1MLJ283

..... the appellant, by drawing our attention to sections 147(i)(b)(i) and 165 of the motor vehicles act, 1988 and also to the fact that the death was occasioned only due to fire accident and not when the vehicle was put to use, as contemplated under the provisions of the motor vehicles act, would contend that the direction to the appellant insurance company for payment ..... sivakumaran, learned counsel for respondents 1 and 2, would contend that the deceased sustained fatal injuries due to the fire accident out of the use of motor vehicle; hence the tribunal is fully justified in fastening the entire liability on the insurance ..... contention raised, the only point for consideration in this appeal is, whether the deceased involved in the accident and sustained fatal injuries arising out of the use of the motor vehicle, namely the lorry? ..... expression 'arising out of' which indicates that for the purpose of awarding compensation u/s.92-a, the casual relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... - a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death if, or bodily injury to, persons arising out of the use of motor vehicles, or damages to .....

G.Sundaramoorthy. Vs. the Divisional Manager, United India Insurance C ...

Court : Chennai

..... driver of the vehicle, that cannot be taken as a ground of attack by the appellant as rightly pointed by the learned counsel for the insurance company, here is one case where the appellant has hatched a conspiracy to set up an accident with a known person and setup a vehicle, and silently brought the vehicle number into the case, after a long lapse of 14 days. ..... mentioning of the bus number in ex.p-4, wound certificate, coupled with the fact that he was treated as an out patient initially and admitted as in-patient on the same day and the accident register being entered on the same day, as rightly pointed out by the court below, creates suspicion in the mind of the court. ..... all these facts, the lower court has rightly come to the conclusion that the alleged accident was not proved by the appellant and dismissed the appeal. ..... the appellant has not produced any materials to show that he sustained injury in the alleged accident but for his ipse dixit in the chief examination. ..... rightly pointed out by the tribunal, usually on admission in hospital, in an accident case, intimation would be sent to the police from hospital. ..... the motor vehicle inspector has said that he has recorded a statement from the injured person in respect of the accident or any statement from the driver of the bus. ..... is admitted in the cross examination of pw-1 that police station was situated less than 1= kms from the accident spot and there were lot of persons available at the time of accident and it was a crowded place. .....

The Branch Manager Vs. Vellaichamy and ors.

Court : Chennai

..... 8.on appreciation of the evidences, both oral and documentary, the learned motor accident claims tribunal, had proceeded to pass an award of rs.4,61,000/- under the following heads:- (i)the learned tribunal had fixed the monthly income of the deceased at rs.3,000/-, since the deceased was aged about 30 years at the time of accident, the multiplier of 17 was applied and accordingly, after deducting 1/3rd towards personal and living expenses, the ..... directed against the award, dated 26.10.2007 and made in mcop no.75 of 2005 on the file of the learned motor accident claims tribunal/additional district and sessions judge, (fast track court no.2), madurai. ..... , because rw2, being the investigator, does not have competency to speak about the rashness and negligence on the part of the driver of the vehicle or about the manner of the accident, and therefore, much credence or weight cannot be attached to his evidence. ..... (ii)the vehicle bearing registration no.tn-58-e-2116 was not involved in the accident, but some other unidentified vehicle might have knocked down the deceased, while she was crossing the road without minding the on coming vehicle and in order to make a fortune, ..... in mcop no.75 of 2005 on the file of the learned motor accident claims tribunal (additional district and sessions judge)(fast track court no.2), madurai, claiming a sum of rs.4,00,000/- for the death of the deceased pitchaiammal, in a road traffic accident said to have been taken place on 27.09.2004 at about 8.30 a.m .....

The Divisional Manager Vs. R.Malliga

Court : Chennai

..... jatin was a minor and it was the responsibility of the petitioner to ensure that his motorcycle was not misused and that too by a minor who had no licence to drive the same, the motor accident claims tribunal quite rightly saddled the liability for payment of compensation on the petitioner and accordingly, directed the insurance company to pay the awarded amount to the awardees and thereafter, to recover the same from ..... and (iv) that the tribunal has to take a decision as to whether effect of driver possessing licence for one type of vehicle and found driving another type of vehicle was the main or contributory cause of accident and if it is found that accident occurred solely because of some unforeseen or intervening causes like mechanical failure or some other cause having no nexus with driver not possessing requisite type of licence, the insurer will not be liable to be allowed to ..... raghavan, the learned counsel for the appellant is that the driver of the motorcycle, namely, kirubakaran, who was examined as rw.3 before the tribunal, was not having a valid driving licence on the date of the accident and therefore, the vehicle was being driven in breach of the conditions of the insurance policy. ..... miscellaneous appeal is filed by the oriental insurance company limited, vellore against the judgement and decree dated 9.1.2009 made in mcop.no.6/2007 on the file of the motor accidents claims tribunal, cheyyar, thereby awarding a sum of rs.2,20,000/- with interest at 7.5 per cent p.a. .....

Ms.Oriental Insurance Company Ltd. Vs. S.Venkatesan at Maayan

Court : Chennai

..... in her evidence, pw1, wife of claimant has stated that due to the accident claimant sustained severe head injuries and because of head injuries, claimant is not in a position to understand the things and that he is unable to take ..... consideration of evidence of eye-witness pw2-dakshinamurthy, tribunal held that the accident was due to rash and negligent driving of 407 van [tn-33 ap 6102 ..... p4 and p5 and evidence of pw1-deepa and also pw2-eyewitness, tribunal held that the accident was due to rash and negligent driving of the van driver. ..... the same time we often find that a person injured in an accident leaves his family in greater distress vis-a-vis a family in a case ..... under section 173 of motor vehicles act, 1988 against the order dated 09.06.2011 made in m.c.o.p.no.59 of 2010 on the file of motor accident claims tribunal [subordinate judge], rasipuram @ salem.judgmentr.banumathi,j1. ..... acj 1 (sc), must be followed by all the tribunals and high courts in determining the quantum of compensation payable to the victims of accident, who are disabled either permanently or temporarily. ..... immediately, after the accident, claimant was admitted in government hospital, erode from where he was taken to vinayaga mission hi-tech hospital, salem where he had taken treatment for nearly two months ..... denying the manner of accident, appellant-insurance company has filed the counter contending that 407 van [tn-33 ap 6102] driver was not rash and negligent and only the claimant was driving the tata indica car .....

The Branch Manager Vs. Tmt.Rahmath

Court : Chennai

..... , is the owner of the vehicle in whose name the registration certificate and the permit stands and that the policy of insurance has been issued only in the name of the third respondent.d) the accident did not arise out of the use of motor vehicle and as it is a case of murder simpliciter, the claims tribunal has no jurisdiction.e) melur police had registered a case under section 302 ..... exceed rs.1,97,060/- as per the provisions of the workmen's compensation act, provided if it is proved that the deceased was the driver of the vehicle, which got involved in the accident.i) permission sought under section 170 of the mv act to contest the claim on all the grounds available to the insured, if the owner remains ex-parte or fails to contest the claim.5. ..... of its escape and ultimately in para 19 of the decision the supreme court gave a concluded opinion that even apart from section 140 of motor vehicles act, a victim in an accident which occurred while using a vehicle is entitled to get the compensation from the tribunal unless any one of the exceptions provided in rylands v. ..... of the opinion that even part from section 140 of the motor vehicles act, a victim in an accident which occurred while using a motor vehicles, is entitled to get compensation from a tribunal unless any one of ..... of rs.3,95,000/- with interest at 7.5% per annum from the date of expiry of 30 days from the date of accident till the date of deposit, within a period of 8 weeks from the date of receipt of a copy of this .....

The New India Assurance Co. Ltd. Vs. V.Mohanraj

Court : Chennai

..... driver, bus conductor, bus passenger or anyone who has witnessed the manner of the accident has been examined on the side of the insurance company. ..... sub-inspector of police, who had investigated the accident case stated that the accident case has been closed as mistake of fact ..... under section 173 of the motor vehicles act 1988 against the judgment and decree dated 01st day of june 2006, made in m.c.o.p.no.511 of 2005 on the file of the motor accidents claims tribunal (3rd additional sub court) at coimbatore.judgment1. ..... circumstances, based on the positive evidence on record, the tribunal had rightly came to the conclusion that the bus driver had caused the accident by his rash and negligent driving.10. ..... based on such a conclusion, an accident case before a tribunal cannot be ..... p.w.1 had stated that the accident had taken place only because of the rash and negligent driving of the ..... p.w.1 deposed that at the time of accident, he was driving his bike on the road and before him the 3rd respondent's bus was driven by the 2nd respondent and suddenly, since the bus had come to the other side, he had to ..... whether in the facts and circumstances, by the very involvement of two vehicles, the 1st respondent would also be held responsible for the accident, whether he is guilty of contributory negligence.6. ..... has to decide the question of negligence, contributory negligence based on the evidence oral and documentary adduced before it, notwithstanding the closing of the accident case by the police.9. .....

Perumal and ors. Vs. E.indukumar and ors.

Court : Chennai

..... , the learned counsel for the insurance company would submit that the tribunal has gone deep into the evidence, it had referred to ex.p.2 rough sketch and ex.p.3 observation magazor and also noted that the accident was at the centre of the road and thus, has fixed 50% negligence on the deceased. ..... in its judgment, the tribunal recorded the finding that the accident was only due to the rash and negligent driving of the first respondent, however, subsequently, it had given a contrary finding that the deceased was also guilty of negligence. ..... the third respondent/insurance company in its counter pleaded that at the time of the accident, the deceased came driven the ambassador car in a rash and negligent manner without minding road rules and regulations caused accident and if the deceased was cautious enough in driving the ambassador car, the accident would not have occurred. ..... in the complaint, she had stated that the accident was due to the rash and negligent driving of the driver of the mahindra van/first respondent. ..... this appeal has been preferred by the dependants of deceased jeyavelu, who lost his life in a road accident as against the tribunal reducing their compensation amount.2. ..... this civil miscellaneous appeal filed against the judgment and decree dated 26.4.2007 passed in mcop.no.349 of 2005 on the file of the motor accident claims tribunal (subordinate judge), bhavani.judgement1. ..... in this case, at the time of accident, the deceased jeyavelu was driving the ambassador car. .....

Jaganathan. Vs. Sanjeeva Chetty and ors.

Court : Chennai

..... vehicle was sold by the original owner to another person, however, the original owner's name continue to be in the certificate of registration of the vehicle in the registration office, subsequently, the vehicle got involved in a road accident, the original owner contended that as he had already sold the vehicle to another person, he ceases to be the owner of the vehicle and he cannot be asked to pay compensation to the road ..... the original owner/first seller disputed his liability on the ground that he has already sold the vehicle to another person and on the date of accident he was not the owner of the vehicle.the hon'ble supreme court held as under:-''it is undeniable that notwithstanding the sale of the vehicle neither the transferor-jitender gupta nor the transferee- ..... the tribunal negatived the contention of appellant that the said tractor was not involved in the accident and even before the accident he had sold the vehicle to another person and thus directed the appellant to pay them the compensation ..... and documentary evidence let in clearly shows that on the date of the accident, the appellant was the registered owner of the offending vehicle. ..... above, it is clear that on the date of the accident, the appellant was the registered owner of the offending vehicle. ..... thus, from the above, since on the date of accident, namely, 04.10.1996, appellant was the 'registered and recorded' owner of the vehicle, he can not escape from his liability to pay compensation to the dependents of .....