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The General Manager, Vs. N.Paramasivam

Court : Chennai

..... therefore, the tribunal considering the evidence of the respondent, p.w.2 and ex.p1-fir, came to the conclusion that the accident took place only due to the rash and negligent driving of the driver of the bus belonging to the appellant transport corporation ..... !for appellant :mr.d.sivaraman ^for respondent : mr.k.p.narayanakumar :judgement being aggrieved over the award passed by the motor accident claims tribunal, special district court, tiruchirappalli, made in m.c.o.p.no1541 of 2013, dated 08.0.2014, the appellant/tamil nadu state transport corporation has filed this appeal ..... respondent herein is not depending on the deceased and therefore, he is not entitled for any compensation for loss of income (iv) the multiplier ''9'' applied by the tribunal is not correct as the deceased was aged 59 years at the time of accident and the compensation awarded by the tribunal, is excessive and therefore, prayed for allowing the appeal. ..... the tribunal after considering the pleadings and evidence, came to the conclusion that the accident took place only due to the rash and negligent driving of r.w.1, driver of the bus belonging to the appellant transport ..... '' 9.per contra, the learned counsel for the respondent contended that the accident took place only due to the rash and negligent driving by the driver of the appellant transport ..... 7.the learned counsel for the appellant/transport corporation contended that: (i)the accident did not take place due to the rash and negligent driving of its .....

Metropolitan Transport Corporation Ltd., Rep. by Its Managing Director ...

Court : Chennai

Reported in : IV(2005)ACC310; (2005)3MLJ90

..... the tribunal, after analysing the materials and after holding that the accident was caused due to the negligence of the driver of the appellant transport corporation, passed an award for a sum of rs. ..... , for the death of the deceased surendrakumar, in a motor accident said to have taken place on 08.11.1996 at 21.00 hours at medavakkam tank road.2. ..... 463 of 1997 before the motor accident claims tribunal (chief judge, small causes court), chennai, claiming compensation of a sum of rs. ..... 463 of 1997 on the file of motor accident claims tribunal (chief judge, small causes), chennai, whereby the tribunal has allowed the claim petition and awarded a sum of rs. ..... the test for determining the negligence is whether the driver could be exercising normal care and diligence which ordinarily cautious persons, put in similar circumstances, would have done, to avert the accident. ..... negligence of the motorcyclist he fell down on the road, the fact itself would not be a licence or justification for the driver of the bus not to perform the duty cast on him carefully and not to avert the accident. ..... in other words, the test is whether the driver could, by exercising normal diligence and caution, avert the accident. ..... that the deceased, who was riding a motor cycle in a rash and negligent manner on the left side of the bus lost his balance and grazed on the left side of the bus, thus contributed to the accident. .....

B. Anandhi Vs. R. Latha and anr.

Court : Chennai

Reported in : I(2002)ACC233; 2002ACJ233

..... pw 5 speaks in his evidence that the petitioner became dumb and deaf after the accident and after examination of the petitioner in the capacity of chairman of the medical board, he issued ..... taking into consideration the fact that the petitioner was able to continue his studies after the accident and he is also able to attend to his desk work, we feel that award of compensation of ..... perusal of the medical evidence and other evidence reveals the pathetic condition of the petitioner who was a final year mbbs student in madras medical college, who, but for the accident, would have come up well in her life and earned a lot. ..... since all these claims arise out of the same accident, the claim petitions were disposed of by common order dated ..... so, he was constrained to apply for leave because of this accident and the fact that he received salary for this period is not a ground to contend that the petitioner is not entitled to get compensation for loss of earning for this ..... the tribunal, on analysis of evidence, found that the accident had occurred due to rash and negligent driving of the driver of the lorry belonging to the respondent no. ..... because of the injury sustained by him in the accident, the claimant had to be on leave for a period of four months for ..... bhaskar babu was aged 22 years at the time of the accident and he was working as cleaner in the lorry. ..... it is the case of the claimants that the accident had occurred solely due to rash and negligent driving of the lorry driver and so, the .....

K. Shankar S/O. M. Kannappa Naicker Vs. the Oriental Insurance Company ...

Court : Chennai

Reported in : II(2006)ACC406; 2006ACJ902; 2005(5)CTC433

..... observing that the material date for ascertaining the extent of liability of the insurer is the date of the accrual of the cause of action for a claim arising out of an accident and, therefore, the insurance company liability arising out of an accident, which happens after march 2, 1970, has to be determined on the basis of the amended provisions of section 95(2)(a) of the act, even though the policy of insurance may have ..... section 95(2), being relevant, is extracted hereunder :-'95(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely- (a) where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act ..... as the policy of the insurance stipulates that the liability of the insurance company is the same as fixed by the statute on the date of the accident, the provisions of the new act have come into force, therefore, the provisions of the new act have to be read into the policies which are in ..... (2) subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely:- (a) save as provided in clause (b), the amount of liability incurred; (b) in respect of damage to any property of a third party, a limit of rupees six thousand: provided .....

Oriental Insurance Co. Ltd. Vs. K. Balasubramanian and ors.

Court : Chennai

Reported in : 2008ACJ2553

..... it is a well settled proposition of law that the judgments of the criminal courts are neither binding on the civil court/motor accidents claims tribunal nor 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 conviction or ..... of the overwhelming evidence adduced on the side of the claimants, apart from the unrebutted admission made by the driver of the offending vehicle in the criminal case, the finding of the tribunal that the accident occurred solely due to rash and negligent driving of the above said lorry bearing registration no. ..... accused pleads guilty and is convicted based on his admission, then the judgment of criminal court becomes admissible and relevant in 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. ..... the motor cycle as pillion rider happened to be the person who lodged the complaint with the police regarding the accident, based on which a criminal case was registered against the respondent no. ..... was the driver in-charge of the said lorry at the time of accident and that the above said lorry stood insured with the appellant herein-respondent no. 3 ..... civil miscellaneous appeal is directed against the judgment and award of the motor accidents claims tribunal (principal sub-judge), nagercoil dated 20.2.2006, made in m.c.o.p. .....

United India Insurance Company Limited Vs. Mr. B. Krishnamoorthy,

Court : Chennai

..... further the pw1 had adduced evidence stating that after the accident he has sustained severe mauling of his urinary tract, genital organs, and urinary system, with deep tear, multiple pelvic fracture and severance of his right thumb besides other serious flood injuries, ..... aggrieved by the said award and decree passed by the motor accident claims tribunal, the appellant/united india insurance company limited, has filed the above appeal praying to scale down the quantum of ..... the petitioner further submitted that at the time of the said accident he was a business man dealing in the business of commission agency in the area of yarn and old ..... for loss of income, which was also granted by the motor accident claims tribunal, was without any basic records. ..... the petitioner further submitted that in the said accident a criminal case was registered by t.i.w (east), police station, ..... aggrieved by the said award and decree, passed by the motor accident claims tribunal, (iii additional sub court), coimbatore. in m.c.o.p. ..... 739 of 2004, on the file of the motor accident claims tribunal, iii additional sub court, coimbatore, after filing necessary payment out application in accordance with law, subject to the deduction of withdrawals if any made as per this court ..... the petitioner further submitted that the accident had happened due to the rash and negligent driving of ..... 739 of 2004, on the file of the motor accident claims tribunal (iii additional sub court), coimbatore, awarding a compensation amount .....

Metropolitan Transport Corporation Rep by Its Managing Director, Vs. T ...

Court : Chennai

..... sakthivel, who died in a motor accident filed a petition in mcop no.4898 of 1999 before the motor accident claims tribunal, chennai (ii judge, small causes court), chennai. ..... ex.p.9 is the passport, in which, the date of birth of the deceased is stated as 3.3.1949, as per which, at the time of accident, the deceased was 51 years. ..... alleging that the accident was due to rash and negligent driving of the driver of the bus, belonging to transport corporation, claimants filed the claim petition claiming compensation of rs.20,00,000/-. ..... the manner of accident and negligence fastened upon the driver of the corporation bus is not seriously disputed. ..... regarding the accident, a criminal case has been registed in cr.no.477/s2/99 with guindy police station. .....

S.Shankar .. Vs. S.Manavalan, and anr.

Court : Chennai

..... in his evidence, p.w.1-claimant/appellant stated that he was aged 29 years at the time of accident and was owning a tailoring shop by name "welcome tailors", in which five persons were employed. ..... the claimant would further claim that the accident happened due to the negligent driving of the driver of the vehicle owned by the first respondent and hence he should be compensated. 5. ..... this appeal arises against the judgment and decree dated 28.03.2006 made in m.a.c.t.o.p.no.3190 of 2004 on the file of the motor accidents claims tribunal (court of small causes), chennai. ..... chit and ex.p8 discharge summary given by voluntary health services, we are able to identify that the claimant/appellant has suffered serious injuries because of the accident and the evidence of doctors viz. ..... stating that due to the accident, he has suffered permanent and partial disability, sustained loss of earning power and spent huge amounts towards medical expenses, the claimant has filed a claim petition, claiming compensation of rs.46,00,000/-. 3. ..... in the accident, he suffered multiple fractures leading to impairment of left hand and partial impairment of right hand and because of the nerve injury in the left shoulder and left lower arm, movement of the left hand has been ..... in the accident, the claimant sustained multifarious fractures and injuries all over the body. .....

Devarajan Vs. N.Appuswamy.

Court : Chennai

..... the facts leading to filing of this appeal are as under:-the claim petition was filed by the claimant seeking compensation for permanent disability suffered on account of the accident that had occurred on 9.4.2005 at bout 2.30 noon, while he was doing polishing cudappa stone, it fell on his leg and caused grievous injuries. ..... section 3 of the workmen's compensation act mandates that the employer has to pay compensation, in case of injury caused to a workman by accident arising out of and in the course of employment. ..... the accident had occurred in the year 2005. ..... there is absolutely no evidence to show that the claimant was working at the time of accident i.e. ..... the appellant/employer had filed statement of objections before the deputy labour commissioner and it has been specifically denied that the claimant was working under him on the date of the accident. ..... on the date of the accident i.e. .....

The Union of India Owning Southern Railway. Vs. G.Jayalakshmi.

Court : Chennai

..... transport corporation and others), wherein while dealing with a claim arising under the motor vehicles act, the honourable supreme court observed that it was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may not be possible to be done by the claimants and the claimants were merely to establish their case on the touchstone of preponderance of probability. ..... a restrictive and narrow meaning to the expression we will be depriving a large number of victims of train accidents (particularly poor and middle class people) from getting compensation under the railways act. ..... there is no negligence on the part of the railway employees, it cannot be presumed that the injuries caused to the victim of the accident are self inflicted so as to deny compensation as provided under the railway accident and untoward incidents (compensation) rules, 1990. ..... is a case of death coming within the purview of untoward incident within the meaning of section 124a of the railways act and therefore, the claimants are entitled to get compensation as provided in the schedule to the railway accidents and untoward (incidents) compensation rules, 1990.19. ..... case, it has been proved from the investigation of the railway police itself that the victim died of the accident due to fall from the train. ..... no eye witnesses in this case and therefore, there is no evidence to support the case of the appellant that the accident took place in the manner suggested by it. .....