Judgment Search Results Home > Cases Phrase: accident Court: chennai Page 6 of about 44,608 results (0.048 seconds)

Bajaj Allianz General Insurance Company Limited, Chennai Vs. M. Vimala ...

Court : Chennai

(prayer: civil miscellaneous appeal is filed under section 173(1) of motor vehicles act, 1988 to set-aside the award and decree dated 03.10.2012 made in m.c.o.p.no.1665 of 2009, on the file of the motor accidents claims tribunal, iii court of small causes, chennai, slice down the quantum of award by a substantial margin. ..... the insurance company had submitted that in the said accident, two vehicles had been involved and the deceased had ridden his motorcycle in a negligent manner and caused the accident and hence, contributory negligence has to be attributed. ..... , "(i) whether the accident had happened due to the rash and negligent driving of the driver of the first respondent's van bearing registration no. ..... the parents of the deceased had lost their only son in the said accident. ..... the claimants have lost their only son in the said accident. .....

Kulanthaiyammal and Others Vs. S. Padmanaban and Others

Court : Chennai

..... . is directed to deposit the entire award amount, less the statutory deposit already made, to the credit of m.c.o.p.no.75 of 2014, on the file of motor accident claims tribunal-cum-additional district court, namakkal, with interest, at the rate of 7.5% per annum, from the date of claim till deposit, within a period of four weeks from the date of receipt of a copy of this ..... aggrieved by the quantum of compensation of rs.21,69,000/-, with interest, at the rate of 7.5% per annum, from the date of claim till realisation, awarded to the parents of the deceased kandasamy, in m.c.o.p.no.75 of 2014, on the file of motor accident claims tribunal-cum-additional district court, namakkal, iffco-tokio general insurance company ltd. ..... : c.m.a.nos.1587 and 2050 of 2015 are filed against the award, dated 09.03.2015, made in m.c.o.p.no.75 of 2014, on the file of motor accident claims tribunal-cum-additional district court, namakkal. ..... the above, it could be deduced that as on the date of accident, the deceased was aged 27 years ..... the hon'ble supreme court, by observing that the there would be a future prospects, for the children also, granted a sum of rs.75,000/- under the head, future prospects, though as on the date of accident, they were children, studying in a school ..... v.giriprasath, cited supra, the accident occurred on 27.01.2011, in which, a 23 year old student of ..... the instant case, the accident has occurred on 05.07.2013. ..... according to the claimants, the accident has occurred on 05.07.2013 at 05.00 .....

Union of India Owning Southern Railway Rep. by Its General Manager, Ch ...

Court : Chennai

Reported in : 2003ACJ635; (2001)3MLJ244

..... case where injury is a result of negligence on the part of the railway administration in maintaining the coaches and the consequent death of the deceased as a result of such negligence being not disputed and where the accident in question took place in the year 1990 and the claim petition itself was preferred in the year 1995 and since we are in the year 2001, it would be unjust and inequitable to direct the respondents to ..... the delay in preferring the claim petition, after rendering a finding that there is sufficient cause for belated filing of claim petition, however, dismissed the petition holding that the incident is neither an accident nor an untoward incident as defined under the act and being a tortuous liability incurred by the railways, relegated the parties to the civil court for redressal of their grievances.3. ..... the result, therefore, is that though the appellant may be on a strong wicket from the legal point of view in the sense the incident in question is neither an 'accident' nor an 'untoward incident' attracting the jurisdiction of the claims tribunal, having regard to the long lapse of time, namely, 11 years from the date of incident and the admitted negligent conduct off ..... before the tribunal, the railways contended inter alia that the claim petition is barred by limitation; that the incident in question is neither an 'accident' nor an 'untoward incident', as defined under sections 123 and 124a of the railways act, 1989 and in that view, the claim petition is .....

New India Assurance Company Limited Represented by the Divisional Mana ...

Court : Chennai

Reported in : (2008)8MLJ732

..... pay compensation and that the owner of the vehicle had wilfully permitted the driver to drive the heavy vehicle and that the accident happened due to the rash and negligent act of the deceased and therefore, the appellant/second respondent insurance company was not liable to pay the compensation claimed and in any event, the claim ..... 3,86,000/- (rupees three lakhs and eighty six thousand only) awarded by this court, since the driver has not possessed a valid and effective driving licence at the time of the accident on 31.05.2003, on the facts and circumstances of the case, this court directs the appellant/second respondent insurance company to pay the compensation and recover the same from the third respondent/first respondent ( ..... the appellant/second respondent insurance company took a plea in the counter that the driver of the lorry did not possess a valid and effective licence on the date of accident namely, 31.05.2003 and that the driver drove the said vehicle without licence for three years and therefore, the owner of the lorry namely, the third respondent/first respondent was liable to ..... taking note of the fact that the driver of the tipper lorry has been found guilty by the criminal court and the fact that the deceased avudaiappan @ kumar has died in the road accident, which cannot be disputed, this court on an over all assessment of the facts and circumstances of the case, comes to the conclusion that the .....

S. Achuthan and anr. Vs. M. Gopal and anr.

Court : Chennai

Reported in : III(2003)ACC372; 2003ACJ1210; 2003(3)CTC106

..... of 1999, has argued at length and brought to the notice the various injuries sustained by the appellant who was a practicing advocate at madras and who was aged about 29 years at the time of accident and unmarried, the mental agony, pain and suffering undergone by the claimant and also the period of treatment as in-patient for six months and out-patient for fifteen months at sri ramachandra medical college ..... the tribunal after taking into consideration, the evidence of the claimant pw.1 who was a practicing advocate at the time of the accident and the complaint preferred by him on the basis of which the fir was registered, the copy of which is marked as ..... the learned counsel also pointed out that the claimant failed to prove that the accident was caused due to the rash and negligent driving of the auto rickshaw owned by the first respondent in the claim petition which was insured with the appellant insurance company and by examining independent ..... the owner of the auto rickshaw which it is alleged to have caused the accident, the first respondent in the claim petition remained ex parte, and the insurance company/second respondent resisted the mcop by ..... of 1999 dated 4.1.2002, on the file of the motor accidents claims tribunal (v judge, court of small causes), madras.2 ..... as rightly decided that the accident was due to the rash and negligent driving of the auto rickshaw which went on the wrong side and hit against the motor cycle coming in the opposite direction driven by the claimant .....

R.Antony Vs. the District Collector

Court : Chennai

..... to challenge an order dated 30.4.2010, wherein and by which he was informed that his wife tmt.maria was a construction worker and who died due to lorry accident outside the work spot on her way from the vegetable market and hence he cannot be granted compensation.2.in the writ petition, notice of motion was ordered on 03.11. ..... , wherein rule 17 provides for similar relief, this court had an occasion to consider the scope of the said scheme and the nature of compensation claimed by the person involved in an accident, vide its judgment in v.maheswari vs. secretary, tamil nadu manual labour social security and welfare board, chennai and others reported in (2007) 3 mlj 295 ..... to be remembered that but for the employment of the deceased he would not have been at the place where the accident happened and caused and proximate connection between the accident and employment is also established...8.once again, this position was reiterated by this court vide its decision reported in ..... , sustaining injury while on duty and meeting his death subsequently has to be necessarily considered as an accident arising out of and in the course of employment.9.the madhya pradesh high court vide its decision ..... bodily injury or death or loss of limbs or loss of sight resulting solely and directly from accident arising out of and in the course of his employment but does not include any intentional self injury, suicide, attempted suicide, injury caused while under the influence of intoxicating liquor or drugs .....

National Insurance Co.,ltd Vs. K.Rupashanthini

Court : Chennai

..... in the result, the quantum of compensation awarded to the claimants in m.c.o.p.no.330 of 2007 on the file of motor accident claims tribunal, additional district judge, (fast track court-iv), bhavani is reduced to rs.22,06,000/- together with interest at 7.5% per annum from the date of ..... challenge in this appeal is the award in m.c.o.p.no.330 of 2007 (dated 29.04.2008) on the file of the motor accident claims tribunal, additional district judge, (fast track court-iv), bhavani, in which the tribunal has awarded compensation of rs.26,38,000/- for the death of the deceased ..... and others, (2010(1) tnmac 1), the learned counsel would contend that even though the income-tax returns exs.a.15 and a.16 were filed subsequent to the accident, the same could be taken into account to calculate the monthly income of the deceased.19. ..... of oral evidence of p.w.3 and other documentary evidence, the tribunal held that the accident was due to the rash and negligent driving of the lorry driver fourth respondent. ..... civil miscellaneous appeal filed under section 173 of motor vehicles act, 1988 against the order dated 29.4.2008 in m.c.o.p.no.330 of 2007 on the file of motor accident claims tribunal, additional district judge, (fast track court-iv), bhavani, erode district.j u d g m e n tr.banumathi,j.1. ..... further state that the deceased was taken to the hospital and that the deceased died on his way to the hospital and that the accident was only due to the rash and negligent driving of the lorry driver.9. .....

R. Rajan Vs. the Presiding Officer and anr.

Court : Chennai

..... krishna (supra), the hon'ble supreme court has cautioned to the effect that where a driver of a public transport corporation is found to have caused a fatal accident, the same has to be looked at with certain amount of seriousness, since the public safety and convenience is paramount, the court should not fall a prey to the plea of ..... rule is that it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. ..... in other words, when it is in the exclusive knowledge of the driver, who caused the accident, it is but proper that he discharges the onus, namely, that the accident did not happen due to his rash and negligent driving, but due to various other reasons not attributable ..... the learned counsel for the petitioner submitted that due to mechanical defect only, the accident had occurred and that the petitioner is not responsible and prayed for setting aside the award and for reinstatement of the petitioner with ..... evidence shows dashing of the vehicle against the tree was so violent that it caused the death of the passengers then the burden rests on the opposite party to show that the cause of the accident could not have been avoided by exercise of ordinary care and caution (see para 5). .....

M/s. National Insurance Co. Ltd., North Usman Road, T. Nagar Vs. B. Sh ...

Court : Chennai

..... the same shall be deposited by the insurance company to the credit of m.c.o.p.no.3790 of 2007 on the file of the motor accident claims tribunal (iii judge, court of small causes), chennai, less the amount already deposited if any, within a period of two weeks from the date of receipt of a copy of this order ..... aggrieved by the award dated 16.08.2013, made in mcop.no.3790 of 2007, on the file of the motor accident claims tribunal, small causes court iii judge, chennai, in awarding a sum of rs.49,000/- for the injuries sustained by the claimant/first respondent herein, the appellant insurance company has filed the present appeal questioning ..... admittedly, the appellant insurance company would not know unless the accident takes place as to for what purpose the vehicle in question was being used ..... (1) where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or ..... : this appeal is filed under section 173 of the motor vehicles act, 1988, against the decree and judgment dated 16.08.2013, made in mcop.no.3790 of 2007, on the file of the motor accident claims tribunal, small causes court iii judge, chennai.) 1. ..... specific case of the claimants was that the barat was being taken in the said open truck on 12.11.1996 when the accident had taken place. .....

S. Dhanapal Vs. A. Jerome,

Court : Chennai

Reported in : II(2007)ACC226; 2008ACJ2480

..... it would thus appear that even in case of third party's claim, once the insured dies in the same accident, the third party does not have a claim against the insurance company, because the liability of the owner ceases.(v) in dr. ..... in : ilr2002kar3117 , a division bench of the karnataka high court considered the question as to whether the owner-insured, who sustained injuries in an accident, when the car driven by his driver dashed against a roadside tree is eligible to get compensation. ..... by the award of the tribunal, dated 05.07.2000 made in m.c.o.p.no.344 of 1995 on the file of motor accidents claims tribunal (first additional district judge cum chief judicial magistrate), salem, the petitioner has preferred this appeal. 2 ..... the trial court framed the following issues for consideration:(i) whether the accident took place on account of the rash and negligent driving of the second respondent or the ..... the argument that the insured owner of a motor vehicle involved in a motor accident can also claim to be a third party must, therefore, be rejected on first principles alone.the view expressed by the learned single judge in new india assurance company limited ..... lakshmi, reported in , this court had an occasion to consider a case of an accident between tractors, due to the negligence of the driver of one tractor and the owner of ..... the existing comprehensive policy covering the period of accident was only for two-wheeler and not to compensate the loss due to the death/injury caused to .....