Court : Chennai
..... incidentally, we may notice that in the note appended to the second schedule, the amount of compensation arrived in the case of fatal accident claims is required to be reduced by one-third in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. ..... upon consideration of evidence, findings of tribunal and rival contentions, the following points arise for consideration in this appeal:-1.whether the accident was due to composite negligence of metropolitan transport corporation bus bearing registration no.tn-01 n 2722 and tanker lorry bearing registration no.tn-01 j 3227? ..... appellant-insurance company/insurer of tanker lorry bearing registration no.tn-01-j 3227 filed counter inter alia contending that the accident occurred solely due to rash and negligent act of 1st respondent-claimant and therefore the owner of the bus i.e. ..... also the quantum of compensation, mr.arunkumar, learned counsel for appellant-insurance company submitted that when it is head on collision, tribunal ought to have held that drivers of both the vehicle were equally responsible for the accident and negligence ought to have been fastened upon the bus driver-claimant also. ..... point no.1:- negligence - insofar as negligence, the contention of appellant-insurance company is that the accident being head on collision between metropolitan transport corporation bus bearing registration no.tn-01-n 2722 and also tanker lorry bearing registration no.tn-01-j 3227. .....
Tag this Judgment!Court : Chennai
..... it is well settled proposition of law that the judgments of the criminal courts are neither binding on the civil court/motor accidents claims tribunal not relevant in a civil case or a claim for compensation under the motor vehicles act, except for the limited purpose of showing that there was a criminal prosecution which ended in ..... guilty and is convicted based on his admission, then the judgment of criminal court becomes admissible and relevant in the civil proceedings and proceedings before the motor accidents claims tribunal, not because it is a judgment of the criminal court, but as a document containing an admission. ..... he would further submit that the car driver also contributed to the accident and therefore, the finding of the tribunal awarding only rs.25000/- as no fault liability is ..... , except the oral testimony of the claimant, there is no piece of evidence to show that the accident took place in the manner as described by him. ..... the appellant/claimant has met with an accident on 31.1.2006at 16.10 hours, when he was proceeding from pallavaram to meenambakkam along the gst road and he was hit by a car bearing reg.no.tn-22-am-2550 which was coming ..... has admitted in his cross examination that he has pleaded guilty before the criminal court admitting the fact that the accident occurred due to his negligence. ..... it is his case that the accident occurred only due to the rash and negligent driving of the driver of the car and therefore, the 2nd respondent insurance company is liable to .....
Tag this Judgment!Court : Chennai
..... as regards the quantum of compensation fixed by the tribunal, the claimant was aged 46 years old at the time of the accident and sustained the following injuries, (1) cut injury on the right temporal region, (2) cut injury on left leg near medial malleolus and (3) open wound on the left leg fracture. ..... therefore, the finding of the tribunal that the driver of the offending vehicle was not having valid driving licence at the time of the accident and there was violation of the policy conditions and consequently exonerating the insurance company from liability is confirmed. 4. ..... considering the nature of injuries and the disability suffered by him and also the year of the accident, i am of the considered view that it would be proper to award rs.1500/- per percentage and accordingly, for 50 per cent disability, the loss of the future earnings due to the disability would come to rs.75,000/-. 9. ..... by the impugned award, the tribunal held that the accident had occurred due to the rash and negligent driving of the motorcyclist, however, since he had no valid driving licence at the time of the accident and the owner having allowed the rider to use the vehicle without having a valid licence, exonerated the insurance company from paying compensation and directed the owner/the 1st respondent herein to pay ..... 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 straw. .....
Tag this Judgment!Court : Chennai
..... ) common judgment: since these civil miscellaneous appeals arose out of a common road accident and common judgment, they were heard together and are being disposed of by this common judgment. 2. ..... as already stated the suffering of the road accident victims cannot be restricted to physical injuries alone. ..... this civil miscellaneous appeal is filed against the award and decree dated 27.3.2000 passed in m.c.o.p no.3862 of 1996 by the motor accidents claims tribunal (court of small causes no.v), chennai. ..... this civil miscellaneous appeal is filed against the award and decree dated 27.3.2000 passed in m.c.o.p no.3817 of 1996 by the motor accidents claims tribunal (court of small causes no.v), chennai. ..... (this civil miscellaneous appeal is filed against the award and decree dated 27.3.2000 passed in m.c.o.p no.3815 of 1996 by the motor accidents claims tribunal (court of small causes no.v), chennai. ..... the sufferings of the road accident victims need not be physical sufferings alone. ..... in view of the accident and witnessing it, definitely, she would have undergone shock and mental trauma. ..... thus, the accident took place. 4. ..... the accident had occurred in 1996. ..... the accident had taken place in 1996. .....
Tag this Judgment!Court : Chennai
..... to the injured claimant (n.r.buhari naleem @ buhari) in mcop.no.616/ 2004 for the injuries sustained by him in the motor accident that had occurred on 6.10.2002, a sum of rs.1,62,000/- as total compensation with interest at 7.5 per cent p.a. ..... in so far as the claimants in mcop.no.617/2004, as against which cma.no.915/2008 has been filed, is concerned, they are the parents of the deceased child, who was aged about 4 years at the time of the accident and was studying lkg standard at jingle bells matriculation school, tiruvanmiyur. ..... to the injured claimant (m.a.muthu rizwana begum) in mcop.no.618/2004 for the injuries sustained by her in the same accident and a sum of rs.3,17,000/- as total compensation with interest at 7.5 per cent p.a. ..... to the claimants in mcop.no.617/2004, who are the parents of the deceased child, aged about 4 years old who died in the same accident, a sum of rs.1,30,000/- as total compensation with interest at 7.5 per cent p.a. ..... pal (2007-acj-2010-delhi) 22 children died in an accident of a school bus which fell in river yamuna. ..... age of the parents on the date of the accident was 29 and 23 years old respectively. ..... the tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle and awarded compensation as stated ..... is a house wife aged about 25 years old at the time of the accident. ..... the injured claimant (n.fathimuthu @ fathima) in mcop.no.619/2004 for the injuries sustained by her in the same accident. 2. .....
Tag this Judgment!Court : Chennai
..... , where the litigant persons are illiterate, if the tribunal finds that the evidence led is not sufficient to establish the involvement of the vehicle which causes the accident, in our opinion, it would be proper for the tribunal giving a helping hand by directing the party to lead evidence in accordance with the requirement of law, as it is well settled that a court or tribunal is not to act as an ..... where the litigant persons are illiterate, if the tribunal finds that the evidence led is not sufficient to establish the involvement of the vehicle which causes the accident, in our opinion, it would be proper for the tribunal giving a helping hand by directing the party to lead evidence in accordance with the requirement of law, as it is well settled that a court or tribunal is not to act as an ..... the registration number in ex.p-1 fir in respect of an auto rickshaw said to have been involved in the accident and therefore, according to the insurance company, the claim based on the involvement of the vehicle, bearing registration no ..... the finding of the claims tribunal holding that the above said vehicle was involved in the accident and consequently fastening the liability on the appellant/insurance company to pay compensation, cannot be said without any basis or ..... claims tribunal, after sustaining a serious head injury, he could not have furnished the information regarding the manner of the accident and some one, who had taken him the hospital, might have furnished the information. .....
Tag this Judgment!Court : Chennai
..... with the quantum of compensation awarded, the injured in a road accident and the insurance company have directed these appeals. 3. ..... appeals against the judgment and decree dated 19.06.2006 made in mactop no.580 of 2002 on the file of the motor accidents claims tribunal (v judge, court of small causes), chennai. ..... the tribunal concluded that the accident was due to the rash and negligent driving of the lorry driver and awarded compensation as under:- ad>sl.no.headamount in rs.1loss of income during treatment period(rs.3,000/- x 12)360002transportation charges50003nutritious food expenses50004medical expenses10005pain and suffering500006mental agony to ..... the case before us, the road accident had taken place on 08.06.2001. ..... rs.10,000/- to the wife and children of the appellant for mental agony in an accident will not arise. ..... on the date of accident, the appellant was 44 years ..... in this accident, the appellant sustained multiple ..... many losses might have been sustained by the road accident victims. ..... it is a fatal case or injury case, the tribunals are statutorily bound to grant 'just compensation' to the road accident victims. ..... may disable the affected from engaging themselves in the avocation to which they were engaged before the accident. ..... may result in loss of full or partial enjoyment of life the functioning or putting use of their limbs, which was normal and usual but for the accident. ..... misunderstood, it will result in causing further agony to the already suffering victims of road accidents. .....
Tag this Judgment!Court : Chennai
..... , it is open to the claimant to withdraw the entire compensation amount with accrued interest thereon, lying in the credit of m.c.o.p.no.11 of 200, on the file of the motor accident claims tribunal, additional district judge, fast track court not i, thoothukudi, after filing a memo, along with a copy of this order, subject to deduction of withdrawals made if ..... counsel further submits that the claimant himself had adduced evidence that the driver of the car had committed the said accident without determining the tyre marks of the vehicles, the contributory negligence had been fixed by the tribunal, which is ..... , the award and decree passed in m.c.o.p.no.11 of 2004, on the file of the motor accident claims tribunal, additional district judge, fast track court not i, thoothukudi, dated 01.09.2008, ..... ) common prayer civil miscellaneous appeal filed under section 173 of the motor vehicle act, 1988, against the judgment and decree dated 01.09.2008, passed in m.c.o.p.no.11 of 2004, on the file of the motor accident claims tribunal, additional district judge, fast track court not i, thoothukudi. ..... actually, the 1st respondent's driver had committed the said accident and therefore the f.i.r had been registered against the driver of the offending vehicle namely tata sumo car bearing registration not ..... the respondent further stated that the accident had been caused by the rash and negligent driving of the 1st respondent's vehicle driver and therefore the 5th respondent is not liable to pay .....
Tag this Judgment!Court : Chennai
..... ramaguru was examined as pw.4 and twenty eight documents were marked as exs.p1 to p28 namely: ex.p1-f.i.r; ex.p2-observation mahazar; ex.p3-rough sketch; ex.p4-charge sheet; ex.p5-copy of judgment in c.c.no.236 of 2006 judicial magistrate's court, virudhunagar; ex.p6- motor vehicle inspector's report; ex.p7-accident register of p.w.1; ex.p8-outpatient sheet of p.w.1; ex.p9-referral slip; ex.p10-medical bills of p.w.2; ex.p11-wound certificate of p.w.2; ex.p12-medical bills of p.w.2; ex.p13-discharge summary of p.w.2; ex.p14-scan report of p.w.2; ex.p15-wound certificate of p.w.3; ex.p16-medical bills of p.w.3; ex.p17-scan ..... pw.1, on the petitioner's side, two witnesses were examined and ten documents were marked as exs.p1 to p10 namely: ex.p1-f.i.r; ex.p2-extract of accident register; ex.p3-motor vehicle inspector's report; ex.p4-insurance policy; ex.p5-driving licence; exs.p6-discharge summary; ex.p7- hospital bills; ex.p8-medical bills; ex.p9-disability ..... had come to the extreme western and the north-south road and this coupled with the recitals in the f.i.r marked as ex.p1 clearly proved that the accident had happened due to the rash and negligent driving of the driver of the 1st respondent's omni van. ..... pw.1, had further adduced evidence that he sustained multiple injuries all over his body as detailed in ex.p7, copy of accident register and that he had received treatment at madurai institute of orthopaedic and traumatoloy, madurai and in support of his evidence, he had marked .....
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..... in the counter, it is not disputed that the son of the petitioner was holder of janata accident insurance policy and under the said policy, the company was liable to pay a sum of rs.3,00,000/- (rupees three lakhs only) on death of the holder of the policy and that the son of the petitioner, who ..... 3.it is submitted that while driving the trailor, the son of the petitioner met with an accident on 27.09.2005, in which he received grievous injuries, which resulted in his death. ..... 6.the case of the petitioner is, after the death of his son, he took steps to collect all the particulars and necessary documents with respect to the accident, which were in hindi. ..... 5.the deceased was holding janata accident insurance policy for a sum of rs.3,00,000/- (rupees three lakhs only) covering the accidental death out of accident. ..... the complaint about the accident was filed by one mr.hari, s/o.muthuraj, who was accompanying the son of the petitioner and was the only eye witness to the accident. .....
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