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New India Assurance Company Ltd. Vs. L. Sunderarajan and S. Muthu Pand ...

Court : Chennai

Reported in : 2008ACJ2863

..... from the above said decision, it is crystal clear that when there is no insurance coverage for the relevant time of accident, the insurance company would not, in any event, be fastened with liability of paying compensation to the claimant. ..... the award receives a scathing attack from the side of the appellant contending that at the time of accident, the van, belonging to second respondent, was not at all under insurance coverage with the appellant.6. ..... the vehicle owner, after receiving information about the accident, in order to escape from the responsibility of making good the loss to the claimant, immediately rushed to the insurance company and took a policy. ..... 2219 of 1998, on the file of motor accident claims tribunal (iv judge, court of small causes), chennai, awarding a sum of rs. ..... at the time of making a proposal for insurance, owner of the vehicle knew full well that the accident already took place and deliberately concealed the factum of accident. ..... the accident took place at 08.15 a.m. ..... when ex.r-1 was produced before the court, it was incumbent upon the second respondent/owner of the vehicle to put forth his contention with regard to the aspect that at the time of accident i.e., at 08.1 5 a.m. ..... claimant, first respondent herein, lodged a complaint with regard to the accident. .....

D. Deepa and Others Vs. K. Mohan and Another

Court : Chennai

..... the learned counsel mr.d.bhaskaran appearing for the second respondent submits that the deceased was riding his motorcycle rashly and negligently without holding a license and hence, he himself as contributed to the occurrence of the accident and as such, contributory negligence has to be attributed to the deceased but the tribunal had failed to take this into consideration. ..... further, no rough sketch was filed to prove that the accident was caused only due to negligence of the driver of the lorry. ..... (prayer: civil miscellaneous appeal is filed under section 173 of the motor vehicles act, 1988, to enhance the amount awarded in m.c.o.p.no.336 of 2011, dated 10.07.2013, on the file of motor accidents claims tribunal, special sub judge-i, chennai. ..... hence, the salary of rs.6,000/- fixed by the tribunal is on the lower side, especially, on considering that the accident had occurred in the year 2011. ..... second respondent / insurance company has filed a counter and submitted that the deceased was riding his motorcycle rashly and negligently without holding a license and as such, he himself has contributed to the occurrence of the accident. .....

The Oriental Insurance Company Ltd., through its Divisional Manager, C ...

Court : Chennai Madurai

..... the legal heirs of the deceased person filed an application seeking compensation before the motor accident claims tribunal, tirunvelveli and the tribunal, considering the facts and circumstances of the case, awarded a total sum of rs.12,62,750/- as compensation. 2. ..... ) prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree made in m.c.o.p.no.608 of 2006, on the file of the motor accident claims tribunal, (i additional district judge), tirunelveli, dated 03.07.2007. ..... (prayer:- civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the award made in m.c.o.p.no.608 of 2006, dated 03.07.2007, on the file of the motor accident claims tribunal cum ii additional district judge, tirunelveli. ..... it is a case of fatal accident caused on account of an accident took place on 24.03.2006 around 01.30p.m. .....

M. Rajendran Vs. S. Meivel and Another

Court : Chennai

..... aggrieved by the award dated 20.06.2014, made in mcop.no.122 of 2012, on the file of the sub-court judge, thiruttani/motor accident claims tribunal, thiruttani, the appellant/claimant has preferred the present appeal seeking for enhancement of the compensation. 2. ..... deposit the entire award amount of rs.2,86,800/- (round off figure), along with interest as ordered by the court below, if not already deposited if any, to the credit of m.c.o.p.no.122 of 2012, on the file of the sub court, thiruttani (motor accidents claims tribunal), within a period of four weeks from the date of receipt of a copy of this judgment ..... after considering the oral and documentary evidence, the tribunal, by holding that the accident had occurred only due to the rash and negligent driving of the driver of the first respondent, awarded a sum of rs.1,75,790/- as compensation to the claimant with interest at 7.5% per annum from the date of petition. ..... immediately after the accident, he was taken to svrr hospital, tirupathi, and after a period of two months treatment as inpatient, he was discharged on 30.08.2006. ..... : this appeal is filed under section 173 of the motor vehicles act, 1988, against the decree and judgment dated 20.06.2014, made in mcop.no.122 of 2012, on the file of the sub-court judge, thiruttani/motor accident claims tribunal, thiruttani. 1. ..... it is not in dispute that the claimant was working as a daily wager in mrf company and he was aged about 45 years at the time of accident. .....

S. Krishnaswamy Vs. The State of Tamilnadu, rep by the Secretary to Go ...

Court : Chennai

..... that the incident was unexpected and unforeseen and the third respondent corporation, which operated its bus services armed with the clearance given by the police, was not in a position to reasonably expect that such an accident would occur and therefore, the petitioner is not entitled to claim compensation from them. 24 ..... . it is also pertinent to point out at this juncture that the petitioner, at the time of accident, was in private employment and unlike government servants, he cannot have the privilege of applying for medical leave and other leave and remained in rest till the illness/disability is completely cured ..... . the petitioner, at the time of accident, was aged about 44 years and as per the certificates issued by aravind eye hospital, madurai, he lost the eye sight of his left eye and is having a disability of 40% ..... . even the fatal accidents act, 1855, does not provide adequate indications .....

The National Insurance Company Limited, Rep. by its Branch Manager Vs. ...

Court : Chennai Madurai

..... . the appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of mcop.no.30 of 2009 on the file of the motor accident claims tribunal, special court for forest offence cases, nagercoil, within a period of eight weeks from the date of receipt of a copy of this order, if not ..... in air 1995 sc 755, wherein, the apex court held as follows: "in its very nature whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of disability caused. ..... suggest that you can by arithmetical calculation establish what is the exact sum of money which would represent such a thing as the pain and suffering which a person has undergone by reason of an accident...but nevertheless the law recognises that as a topic upon which damages may be given. ..... aggrieved by the award made in mcop.no.30 of 2009 dated 24.06.2014, by the motor accident claims tribunal, special court for forest offence cases, nagercoil, the appellant has filed this ..... filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 24.06.2014 in mcop.no.30 of 2009 on the file of the motor accident claims tribunal, special court for forest offence cases, nagercoil.) s. ..... ...at the same time we often find that a person injured in an accident leaves his family in greater distress vis- -vis a family in a case .....

G. Deivasigamani and ors. Vs. Metropolitan Transport Corporation Ltd. ...

Court : Chennai

Reported in : (2008)1MLJ1107(NULL)

..... and has contended that brother and sisters of a person who died in a motor vehicles accident are entitled to maintain a petition under section 110-a, if they are legal representatives of the deceased. ..... , the learned counsel further submitted that the deceased was aged 30 years at the time of accident and therefore, multiplier of 16 is to be adopted and contended that appellants would be entitled to compensation of rs. ..... : [1987]3scr404 a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.14. ..... tribunal has held that accident was due to rash and negligent driving of bus driver. .....

M/s. Tamilnadu State Transport Corporation Ltd., Trichy Vs. Sumathi an ...

Court : Chennai Madurai

..... the legal heirs of the deceased filed an application seeking compensation before the motor accident claims tribunal, trichirappalli in m.c.o.p.no.2587 of 2001 and the tribunal, considering the facts and circumstances of the case, granted a sum of rs.8,14,880/- as total compensation. 2. ..... it is painful to observe that the driver who was working with the appellant transport corporation himself was a victim due to the accident and died on the wheels of the bus belonging to the appellant transport corporation. ..... the learned counsel for the first respondent/claimant opposed the appeal by stating that the deceased was aged about 32 years at the time of accident and further, he was working as a driver in the very same appellant transport corporation. 5. ..... (prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 21.12.2006 made in m.c.o.p.no.2587 of 2001, on the file of the motor accident claims tribunal (iii additional subordinate judge), tiruchirappalli.) 1. ..... it is a case of a fatal accident took place on 14.06.2000 around 0.30 hours early morning on trichy-chennai nh road. ..... further the deceased himself had committed an act of negligence and contributed for the accident. .....

The Managing Director, Tamil Nadu State Transport Vs. Megabooban and A ...

Court : Chennai Madurai

..... p.w.1 has given evidence stating that her husband was 33 years old at the time of accident and he was doing brokerage business in selling 2nd hand car and thereby earning rs.8,000/- per month. ..... p.w.2 has given evidence stating that due to the negligence of the driver of bus, the accident had taken place and immediately, he lodged the complaint with sivagiri police station. ..... this appeal is directed against the award of the motor accident claims tribunal, principal sub court, tenkasi, passed in mcop no.486 of 2004 dated 27.07.2007. 2. ..... (prayer: civil miscellaneous appeal filed under section 173 of motor vehicle act, 1988, to set aside the decree and judgment dated 27.07.2007 and made in mcop no.486 of 2004, on the file of the motor accidents claims tribunal, principal sub court, tenkasi.) 1. ..... in the said accident, the deceased sustained grievous injuries and when he was taken away to the hospital, died. ..... postmortem certificate shows that the deceased was 33 years on the date of accident. ..... the tribunal, accepting the evidence of p.w.1 and based on ex.p.1, held that the driver of the bus was responsible for the accident. 7. ..... the legal heirs of the deceased filed the petition before the tribunal claiming compensation of rs.12,02,500/- alleging that the driver of the bus caused the accident. 3. .....

Union of India (Uoi) Owning Southern Railway Rep. by Its General Manag ...

Court : Chennai

Reported in : (2008)1MLJ1110

..... it is likely that such a deceased passenger held a valid ticket, pass or permission, but the same is lost in the accident with the death of person and loss of his belongings, if any.6. ..... the claim for compensation arises on account of 'accident' as well as the occurrence of an 'untoward incident', both of which are defined under the railways act. ..... as per section 123(a), 'accident' means an accident of the nature described in section 124. ..... but the question before us is whether the burden of proof that the deceased held a valid ticket, pass or permission during his journey, in which he died in accident, can be placed on his dependants. ..... union of india, which was also a case where compensation for death of a passenger in an accident was being considered. ..... the first respondent is a young widow aged about 27 years at the time of accident. .....