Court : Guwahati
..... for which the central government was empowered to prescribe the forms of driving licences for different categories of vehicles in terms of sections 3 and 4 of the act respectively, if, on the facts and circumstances of the case, it is found that accident occurred solely because of some other unforeseen or intervening causes like the mechanical failure and similar other causes having no nexus with the possession of requisite type of licence possessed by the driver, the insurance company ..... not supported by any income certificate issued by the president of the village concerned and driver had not possessed any valid driving licence at the time of accident for which the claimant was not entitled to get any compensation as claimed by him.4. ..... aggrieved by the impugned judgment and award, appellant preferred this appeal on the following grounds:(i) the driver had no valid licence at the time of occurrence of the accident;(ii) income of the deceased was not proved; and(iii) the award of compensation of rs. ..... judgment and award dated 1.12.2004 passed by learned member, motor accident claims tribunal (for short 'the m.a.c.t.') in m.a.c.t. ..... 2 that the accident occurred due to the brake failure as per statement of the driver and, therefore, it cannot be said that the accident had any nexus with driver possessing requisite type of licence or ..... in claims for compensation for accidents, various kinds of breaches with regard to the conditions of driving licences arise for consideration before the .....
Tag this Judgment!Court : Guwahati
..... nature specified in sub-section (1) of section 110 may be made - (a) by the person who has sustained the injury; or (aa) by the owner of the property; or (b) where death has resulted from the accident, by all or any of the legal representa-tives of the deceased; or (c) by any agent duly authorised by the person injuried or all or any of the legal representatives of the deceased, as the case may be; provided that ..... the court after considering the conflicting decisions of high courts held that the claimants, though not dependents described in section 1a of the fatal accidents act, 1855, could sue in view of section 110-a(l)(b) of the motor vehicles act, 1939 which confers a substantive right on legal representatives to claim compensation and in the absence of any contention by the ..... 1987 sc 1690 which related to the case of a claim petition filed by brothers of a minor child who died in a motor vehicle accident, on the basis that they were the heirs and legal representatives of the deceased. ..... the correct position of law is that claim in the case of a fatal accident under section 110-a of the motor vehicles act could be made by legal representatives of the deceased and the right is not restricted to spouse ..... have to consider the question whether appellants 2 and 3, minor brothers of uttam chandra thakuria are entitled to claim compensation it is necessary, in this connection to advert to the relevant provisions of the fatal accidents act, 1855 and the motor vehicles act, 1939. 9. .....
Tag this Judgment!Court : Guwahati
..... grounds: (i) the deceased persons, sadhan and bishu, as well as the appellant, pankhirai, were gratuitous passengers in that they were riding a ' police jeep ' which was not meant for carrying passengers ; and (ii) the accident which saw the death of sadhan and bishu and permanent disablement of pankhirai was actually a collision between two vehicles and, therefore, the other offending vehicle which belonged to the army department was equally ..... sub-section (i) contemplates that in the case of death or permanent disablement of any person which ' has resulted from an accident arising out of the use oj motor vehicle or motor vehicles ' , the owner or owners thereof shall be ' jointly and severally ' liable to pay ..... debnath and in the other case bishu kumar deb barma, in both cases, the widows and other legal representatives of the deceased have appealed against the order rendered by the motor accidents claims tribunal on petitions under section 92a which were rejected by a common order passed on april 30, 1984, in t. s. ..... we also see no reason to hold that the owners of both the motor vehicles involved in the accident ought to have been impleaded and failure to implead one would be fatal, because, as alluded, the liability under section 92a is ..... , therefore, a claim made under section 92a cannot be rejected by the tribunal if it finds that the claim arises out of an accident in which one or more motor vehicles is or are involved resulting in death or permanent disablement of any person. .....
Tag this Judgment!Court : Guwahati
..... when the policy was in force, and the insurer did not hand over the policy to the insured and also failed to produce the policy before the motor accidents claims tribunal in spite of the insured's notice to produce the policy ; and there was also no evidence to show that the liability covered by the policy in respect of third party was only up to the statutory limit, ..... cas 333 (sc), where the insurer undertook liability under chapter viii of the act and an accident occurred during the currency of policy, the liability of the insurer, it was held, arose on the occurrence of the accident and not until then and the liability was to be determined with reference to the legal provision as it existed on the date on which the accident took place, and not as on the date of the policy came into force ; and ..... insurers, by virtue of any provision of the act, become liable to pay to a third party a sum in excess of what, under the policy, they would be liable to pay to their assured in respect of the relevant accident, they are entitled to recover the excess from the assured. ..... in accordance with the legal provision as it stood on the date of the accident when the accident occurred during the currency of the policy. ..... we have to see whether the contract of insurance entered into between the appellant-insurer and the respondent-owner provided for payment of enhanced amount in case the owner of the vehicle involved in an accident is required by the award to pay any higher amount as compensation. .....
Tag this Judgment!Court : Guwahati
..... . as the deceased attained the age of 33 years 11 months 22 days at the time of her death, multiplier of 17 is the admissible figure for calculating amount of compensation as per the second schedule for compensation for third party fatal accident/injury cases claims and it may be assessed as follows-as the second schedule can be used as a guide as per hon'ble supreme court ruling in the case of u.p ..... the conclusions were recorded by the claims tribunal without discussion of the evidence, the tribunal also failed to record the fact on evidence that there was no dispute insofar accident, involving of the particular vehicle and the resultant deaths of passengers. ..... . in this context it may not be out of place to comment here that now-a-days there is a growing tendency unfortunately to gain fortune out of the unfortunate death/injuries to vehicular accidents by resorting to dubious means and stark falsehood ..... . we first thought that the matter can be remitted to the tribunal for fixation of the quantum of compensation but we are mindful of the fact that this is a case in which the accident happened more than 13 years ago ..... in short, the claim application (proforma) states that the deceased was daughter of late thangluaia, aged 33 years, died due to a vehicular accident taken place oil 13.11.1995 at about 7.30 p.m. ..... . hence we are inclined to fix the quantum of compensation here itself.xxx xxx xxx xxx xxx xxx(22) the age of the deceased at the time of accident was said to be 35 years plus .....
Tag this Judgment!Court : Guwahati
..... been held that it is the liability of the insurer to pay such compensation within the limits of the statutory liabilities fixed under sections 95 and 96 of 'the act' it has been held that where a passenger vehicle causes accident resulting in the death of a pedestrian, the liability to pay the compensation is of the insurer and not upon the insured, as enjoined in section 95 of 'the act'. ..... 2-the insurer has had the contractual liability to indemnify the owner, against any liability arising out of any accident within the period of insurance in respect of the death of any persons caused by or arising out of the use of the vehicle, up to rs. ..... subject to the proviso to subsection (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely :-- (a) * * * (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- (i) in respect of persons other than passengers carried for hire or reward, a limit of fifty ..... the appellant's vehicle driven at high speed caused a run-down accident resulting in instantaneous death of a poor labourer, munindra baroi. ..... asn 1681 questioning the legality of the apportionment of the compensation awarded by the member, motor accident claims tribunal, nowgong, for short 'the tribunal' in m. a. c. ..... motor accident claims tribunal, nowgong shall be paid by respondent no. 2 (m/s ..... the accident happened in a public place .....
Tag this Judgment!Court : Guwahati
..... age of 33 yrs 11 months 22 days at the time of her death multiplier 17 is the admissible figure for calculating the amount of compensation as per the second schedule for compensation for third party fatal accident/ injury cases claims and it may be assessed as follows :-as the second schedule can be used as a guide as per hon'ble supreme court ruling in the case of ups rtc and ors. v. ..... recorded by the tribunal without discussion of the evidence, the tribunal also failed to record the fact on evidence that there was no dispute insofar accident involving of the particular vehicle and resultant deaths of passengers. ..... it may not be out of place to comment here that now a days there is a growing tendencies unfortunately to gain fortune out of the unfortunate death/injuries in vehicular accidents by resorting to dubious means and stark falsehood. ..... the new india assurance company limited, aizawl branch, is presented on the strength of article 226/227 of the constitution of india challenging the legality of the order dated 30.5.2000 passed by presiding officer, motor accident claims tribunal (in short mact), in mact case no. 88/97. ..... matter can be remitted to the tribunal for fixation of thequantum of compensation but we are mindful of the fact thatthis is a case in which the accident happened were than 13years ago. ..... claim petition (proforma) states that the deceased was daughter of later thangluaia, aged 33 years, died due to a vehicular accident taken place on 13.11.1995 at about 7:30 p.m. .....
Tag this Judgment!Court : Guwahati
..... the oral statement of the rickshaw puller (pw 7) regarding the identity of the driver of the offending vehicle cannot be said to be direct because according to him he could not identify the driver at the time of accident, but only he subsequenlty learnt that one hafiz ali was the driver. ..... 4 is the motor vehicle inspector, who examined the offending vehicle and gave the report that at the time of accident there was no mechanical dis-order of vehicle no. ..... miah was the driver of the vehicle and he was driving the vehicle on 11.5.1995 when the accident occurred at chanban, udaipur, agartala road. ..... provision is for the purpose of facilitating in the conduct of investigation/prosecution of the offence under motor vehicles act, and also for other purposes like motor accident claims etc.11. ..... to the accused, as per his statement recorded under section 313 of crpc one hafiz miah was driving the vehicle when the accident happened. mr. ..... fact may be looked into by the court at the time of finding as to whether the accused was driving the vehicle at the time of accident. ..... accused against him but he stated that he was driving the vehicle in a normal and proper way with due care and cautions, that means, according to him, he was driving the vehicle at the time of accident. ..... this statement of the owner (pw 13) is supported by the circumstances that the accused surrendered before the police along with his certificates and papers and claiming himself to be the driver of the vehicle at the time of accident. .....
Tag this Judgment!Court : Guwahati
..... though from a careful perusal of the evidence and materials on record a different view that it is well nigh difficult to connect the death with the injuries sustained in the motor accident is very much possible, the question that poses for decision is whether in such a situation when a different view is possible, this court can interfere with the judgment and award impugned in exercise of the jurisdiction ..... the statement of a homeopathy practitioner no other oral or documentary evidence could be adduced to establish the nature of the injuries immediately after accident and during the long period of more than one year eight months or whether the death was at all resulted from the said injuries. ..... overlooking the finer points of credible evidence to satisfactorily connect the death with the injuries sustained in the motor accident, the learned tribunal was inclined to overvalue the statements of the father of the deceased and of the homeopathy practitioner weaving a thin link between the two for making the award ..... short question falling for consideration of this court is whether a award of compensation for a death, which could not be satisfactorily proved to be the result of a motor accident, can be interfered with in exercise of supervisory jurisdiction under article 227 of the constitution.2. ..... to link the death of the victim with the injuries sustained by him in the motor accident one year eight months ago. ..... of 2001 passed by the motor accident claims tribunal, west tripura, agartala. .....
Tag this Judgment!Court : Guwahati
..... 1) this appeal under section 173 of the motor vehicles act, 1988 is filed by national insurance company(nic) challenging the judgment and award dated 29th may, 2007 passed by the learned motor accident claims tribunal at sonitpur in mac case 334/2001 directing the insurance company to pay rs 1,77,000/- towards compensation to the claimant with interest at the rate of 6 per cent per annum from the date of ..... 7) after considering the material available on record the learned tribunal arrived at the finding that the accident has taken place due to rash and negligent driving of the mini truck(as-12/6397) and that there is no evidence on record suggesting any contributory negligence on the part of ..... absence of any material to show that there was a valid insurance on the date and time of accident the insurance company cannot be held liable to make payment of any compensation. ..... 3 appeared and submitted written statement denying the claims, specifically at para 15 therein that the vehicle involved in the accident was not insured with the answering opposite party, at all. ..... that uddhab was 17 years of age at the time of accident and that the vehicle was insured with the nic. ..... mukherjee, learned counsel for the insurance company, pointed out that the multiplier was chosen by the tribunal keeping in view the age of the deceased(17 years at the time of accident) and the educational status(a student). ..... (i) whether the alleged accident took place due to rasn and negligent driving by the driver of the .....
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