Court : Guwahati
..... while determing just compensation in a case of fatal accident, tribunal must have regard to the principles referred to in ss. ..... 1a and 2 of the fatal accident act, and the law of torts. ..... considering the scale of pay enjoyed by the deceased, tribunal fixed her average income from her job from the date of accident till date of retirement at rs. ..... veluswami, air 1962 sc 1, the supreme court considered the principles underlying the provisions of the fatal accident act, 1855. ..... her husband was aged about 39 years the son was aged about 3 years at the time of the accident. ..... aparajita majumdar was aged about 34 years at the time of the accident. ..... respondents are husband and son of aparajita majumdar, who died in a motor vehicle accident on 2-5-84. .....
Tag this Judgment!Court : Guwahati
..... clauses (a) and (b) of sub-section (2) on the other hand prescribe the limits of the liability of the insurer incurred under the policy of insurance issued in compliance with the requirements of chapter viii in respect of any one accident as a result of the use in a public place of the vehicle insured indicating simultaneously the types of vehicle and the persons and classes of persons, indicated albeit in sub-section (1) (b), in relation to which the limits are ..... or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises;(iii) *** *** ***(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) x x x x x x x(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, in respect of persons other than passengers carried for hire ..... of section 110-b (even after the amendment of 1969) by which the tribunal was enabled to 'specify the amount' payable by 'the insurer or owner or driver of the vehicle involved in the accident or by all or any of them as the case may be' does not derogate from this position. ..... the fact that more than two decades have elapsed since the accident stared us in the face, as a budding precious human life was lost for which law could not provide even a poor recompense to the family which, as appears from records, belongs .....
Tag this Judgment!Court : Guwahati
..... we have to give effect to the real purpose to the provision of law relating to the award of compensation in respect of the accident arising out of the use of the motor vehicles and cannot permit the insurer to give him right to defend or appeal on grounds not permitted by law by a backdoor method. ..... in the aid of power under article 226/227 the statutory scheme should not be allowed to be defeated throwing the legal representatives of the deceased or the injured in the accident to a prolonged litigation totally at the instance of the insurance company. ..... any other interpretation will defeat the provision of sub-section (2) of section 149 of the act and throw the legal representatives of the deceased or the injured in the accident to unnecessary prolonged litigation at the instance of the insurer...'4. mr. ..... this is an application under article 226/227 of the constitution of india challenging an award passed by the motor accident claims tribunal, kamrup, guwahati passed in mac case no. ..... 1 shows that usha devi and sumitra devi died in the accident in which the truck bearing no. ..... member motor accident claims tribunal, lakhimpur and ors. ..... ext.2 is the accident information report submitted by the oc, kamalpur p.s. ..... dl1c/a 4649 was involved in the accident. .....
Tag this Judgment!Court : Guwahati
..... of failure to observe the terms and conditions of the policy, or violation of the provisions of the act, the insurer cannot be held liable, that in any event, the insurer cannot be held liable since on the date of the accident the driver had no valid driving licence, that the quantification of the compensation is vitiated by non-application of mind, that the amount awarded is excessive, unjust and unreasonable considering the age, the monthly income of the ..... when the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependents on the one and and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by him by way of business activity, there is hardly any choice.' 8. ..... mother of the deceased, second respondent herein filed a claim case before the motor accident claims tribunal, lakhimpur alleging that the accident took place on account of the rash and negligent driving of the truck by the driver and claiming rs. ..... it is so provided inorder to ensure that the injured victims ofautomobile accidents or the dependents of thevictims of fatal accidents are really compensated in terms of money and not in terms ofpromise. ..... in an action for damages arising from injuries caused by a motor vehicles accident on account of negligence of the driver, the primary liability under the common law is on the driver, the owner of the vehicle is constructively liable. .....
Tag this Judgment!Court : Guwahati
..... the object and reasons of the amendment are as follows:under the existing section 110 powers to appoint persons to investigate and report on motor accidents have been given to state government but the officers so appointed are not empowered to adjudicate on the liability of the insurer or on the amount of damages, except at the express desire of the insurance company ..... this being the settled position of law, we are constrained to hold that when there is a bomb blast and the accident is caused due to bomb blas, it is not a case of any negligence on the part of the owner or the driver, but because of some other events over which the owner or the driver has ..... debnath gauhati, where the single judge of this court held that the amount of compensation for no fault liability shall be available in an accident due to bomb blast and the single judge further held that where there was a bomb blast as a result of which the accident took place it may be relevant for the purpose of determining the fault of the owner or the driver. ..... more : [1991]3scr26a , holding that section 92-a was in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount by way of compensation to the victims of an accident arising out of the use of a motor vehicle on the basis of no fault liability. ..... the question which arises in these two cases is that whether a motor accident claims tribunal can pass an award with regard to injuries caused by bomb blast by .....
Tag this Judgment!Court : Guwahati
..... be conscious of the fact that right to claim compensation by heirs and legal representatives of the victims of the accident is not defeated on technical grounds, unless it is established on the materials or record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of ..... it may be observed here that in the case before the supreme court, the accident had occurred in the year 1986 and the claim petition had also been filed in ..... insurance company, if a passenger or a person travels on the roof of the bus, which amounts to violation of the terms of the permit and when the accident occurred for such violation the insurance company is not liable. ..... the apex court held that the insurance company could not escape liability on the ground that at the relevant time when the accident occurred, the vehicle was being driven by an unauthorised person. ..... a claim petition before the mact, kamrup, guwahati in the year 1995 claiming compensation on account of the death of her husband, who died in an accident while he was travelling in a bus owned by respondent no. 3. ..... that the company is not liable to pay any compensation, inasmuch as, there was violation of the terms of the insurance policy as the deceased was travelling on the roof of the bus when the accident occurred on account of which he died. .....
Tag this Judgment!Court : Guwahati
..... workmen's compensation, kamrup that the compensation could not be paid to the claimant within the due date as the insurer did not intimate the appellant about the accident and that the appellant came to know of the accident only on january 11, 1988 when it received the notice of the compensation case from the commissioner, workmen's compensation. ..... (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 ..... he further stated that in the present case, the appellant was not informed of the accident by the insurer and the appellant came to know of the accident only on january 11, 1988 when it received a notice of the workmen's compensation case from the commissioner of workmen's compensation, kamrup, he accordingly argued that the impugned judgment insofar as it ..... raise this factual plea that it did not have any knowledge of the accident until it received notice of the claim from the commissioner, workmen's compensation. ..... by the commissioner under section 4a of the workmen's compensation act, 1923 but held that an award for compensation under the workmen's compensation act, 1923 in a case of a motor accident may be made against the employer as well as the insurer of the vehicle involved in the accident. .....
Tag this Judgment!Court : Guwahati
..... opposite party have failed to prove that deceased was guilty of any conduct involving want of ordinary care and caution on his part and that he was guilty of any negligence which had contributed to the accident and the consequence complained of.with this background we now.proceed to ascertain as to whether the amount of compensation awarded by the learned tribunal in the present case is just in the facts and circumstances of the ..... that it was apparent from the pleadings of the parties and the evidence on record that the deceased was guilty of contributory negligence for the accident and the learned tribunal was perfectly justified in appositioning negligence of the drivers of the two vehicle as 50 : 50. ..... 1 however took the following stand :- 'that from the claim petition it appears that the accident occurred due to the contributory negligence of the deceased, khanindra narayan choudhury, as such, the claimants are not entitled to get arty compensation as ..... to read anything therein to even suggest that the appellants claimants had admitted that the accident had occurred due to any contributory negligence on the part of the deceased. ..... took a stand that it appeared from the claim petition that the accident occurred due to the contributory negligence of the deceased, khanindra narayan choudhury ..... however as the tribunal held that the deceased had contributed to the accident to the extent of 50%, it awarded to the appellants, compensation to the extent of 50% of the computed amount, .....
Tag this Judgment!Court : Guwahati
..... a situation, such as the present one, merely because of the fact that two vehicles were involved in the accident, no liability to make payment of compensation could have been imposed on the present appellant as owner of the vehicle ..... not at fault and this respondent is not liable to pay compensation, yet if his vehicle is found to be involved in the said accident and he is found liable to pay compensation, the insurer of the said vehicle, namely, m/s new india assurance co. ..... the learned tribunal has already held that at the relevant time of the accident, the offending vehicle was not insured nor was it being driven by a driver having ..... of the evidence on record, there can be no escape from the conclusion that the said accident took place, because of the rash and negligent driving of the vehicle no. ..... making the owners of both the vehicles involved in the accident as parties to a claim proceeding does not necessarily mean that the owners/insurers of both the vehicles must be fastened with the liability to pay compensation even if there was no fault on the part of the driver ..... a valid insurance policy on the date of the accident and the driver also had a valid driving licence ..... compensation for the death of her husband, namely, dilip rajbongshi, in a motor vehicular accident and the present appellant as well as respondent no. ..... , the claimant has examined, i notice, the police officer, who, on receipt of the information about the accident, came to the place of accident and made enquiries. .....
Tag this Judgment!Court : Guwahati
..... one fundamental principle of law of torts that would govern claims under the act arising in regard to fatal accidents is that what the claimant could obtain is based on pecuniary loss sustained by the claimant.the heirs of the deceased are not entitled to any compensation for pain or mental agony suffered by them on account of the ..... 10/90, dated 8.6.1993 this court has held that on the death of a person in a motor vehicle accident, claim for compensation under section 110-a of the act can be made only by or on behalf of legal representatives of the deceased, that such legal representatives are entitled to compensation and that compensation cannot be claimed by or on behalf ..... desirable that claimant furnishes particulars of the vehicle involved, the particulars of driver, owner and insurer of the vehicle, of the accident, of the injuries sustained, of cause of death, damages to property sustained, cause of the accident, and rashness or negligence of the driver or the owner etcetera. ..... has no case that she was present at the time of the accident and on seeing the same suffered psychiatric illness on account of nervous ..... all controversial aspects including cause of accident, income and contribution having regard to the state of suffering at the time of the accident and future prospects, position, status and circumstances of the victim at the time of the accident and future prospects thereof, circumstances relevant to fix the multiplier and compensation under various heads must be .....
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