Court : Guwahati
..... according to the learned counsel for the appellant/claimant, the victim was an unmarried woman and due to the accident she had become physically disabled and as such was not in normal health to go and procure the duplicate of the original discharge certificate from the silchar medical college for her treatment for the period ..... it appears that the claimant-appellant preferred a petition before the learned tribunal for compensation in reference to the accident which took place on 1.10.2000 at about 6 pm when the claimant was travelling with her brother to teliamura market on a rickshaw when she was dashed by a speedy vehicle bearing no. ..... the present appeal has been preferred under section 173 of the motor vehicles act, 1988 against the judgment and award dated 3.10.02 passed by the learned member, motor accident claims tribunal (for short, 'tribunal'), west tripura, khowai in ts (mac) no. ..... 68 of 2002 is relegated back to the learned motor accident claims tribunal, khowai so that the same may be adjudicated upon afresh in view of the above observations. .....
Tag this Judgment!Court : Guwahati
..... it, therefore, cannot be said by the insurance company that when it is statutorily and even contractually liable to reimburse the employer qua his statutory liability to pay compensation to the claimants in case of such motor accidents to his workmen, the interest on the principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the date it fell due, would not be a ..... admittedly under the impugned awards the insurance companies have been directed to pay the compensation with interest since the deceased were victims of motor vehicle accidents and the liability of the owner of the vehicles was also covered under statutory policy as required under section 146 of the m.v. ..... it is obvious that such an obligation of the employer would not arise under section 4a, sub-section (2) if he totally disputes his liability to pay on grounds like the injured person being not his employee or that the accident was caused to him at a time when he was not in the course of employment or that the accident caused to him did not arise out of his employment.12. ..... act, the victims of motor vehicle accidents can approach either the office of the commissioner under w.c. ..... the undisputed facts are that the offending vehicles were duly insured with the insurance companies on the date of the accident. .....
Tag this Judgment!Court : Guwahati
..... and also receives interim compensation under section 140, he shall, so long as his application for compensation remains pending under section 166, prove, as a condition precedent for obtaining compensation under section 166, that the accident took place due to fault or negligence or default of the owner or owners of the vehicle or vehicles concerned or of any other persons.6. ..... it was found later that the accident had taken place due to failure of the brake system and not due to any negligence on the part of the driver. ..... the same common judgment and award dated 22.3.2005 by the motor accidents claims tribunal, aizawl passed in m.a.c. ..... mz 01-b 0498 involved in the accident was a truck, which they hired for carrying the sandstone. ..... in a motor accident that occurred on 2.5.2002, lalthangveli and her husband k. ..... a division bench of this court held, thus:(75) ...motor vehicles act, 1988, lays down two comprehensive and independent, but complete in itself mechanism for receiving compensation for injuries sustained or death caused in motor vehicular accidents. .....
Tag this Judgment!Court : Guwahati
..... howrah insurance company merged with the appellant, the claimant had not taken any steps to serve the appellant with any notice and even the title of the motor accident claim case had not been corrected with the result the appellant bad no know ledge and the award was made ex-parte against the appellant. ..... has come in appeal against the order dated 8-6-81 passed by the learned member, motor accident claims tribunal, north lakhimpur, whereby the petitioner's application under rule 13 of order ix of the code of civil procedure was rejected. ..... howrah insurance company had put in appearance in the motor accident claim case, after the merger with effect from 1-1-74, it appears that none appeared in the case and finally on 10-1-79 ex-parte award was made. ..... 1 in this appeal, had filed petition for compensation for the death of her husband in a motor accident on 21-12-69. .....
Tag this Judgment!Court : Guwahati
..... to show that even till the closing of the mill on 5-1-1953, he was being paid at the same rate of wage (with some increase in the dearness allowance) by the mill authorities as it was prior to the date of the accident, it cannot be denied that his earning capacity has been impaired on account of the fact that as a result of the injury he definitely walks with a bad limp and his capacity for employment due to that defect will ..... by clow in his workmen's compensation act, third edition, at page 65-- 'it should be remembered that partial disablement when permanent must involve a loss of earning capacity, not merely in the occupation the man had at the time of the accident, but in every occupation which he was then capable of carrying on: consequently, in calculating the loss of earning capacity, the possibility of the man obtaining a different type of job must be borne in mind. ..... if at all, the fault lay with the management, who did not offer him prompt and qualified medical help and even when he was taken to the mission hospital a few days after the accident, he was shortly thereafter removed from that hospital without being properly cured. ..... words that there should be proof to the effect that as a result of the permanent partial disablement, (i) his earning capacity was reduced in every employment; and (ii) which the workman was capable of undertaking at the time of the accident. .....
Tag this Judgment!Court : Guwahati
..... an award was passed in a motor accident claims case in favour of the claimant who was injured in an accident which had taken place on 14-11-1968 at about 2.15 p.m. ..... on being satisfied that the accident was due to negligence on the part of the driver, a sum of rs. .....
Tag this Judgment!Court : Guwahati
..... nature specified in sub-section (1) of section 165 may be made, -(a) by the person who has sustained the injury ; or(b) the owner of the property ; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased ; or(d) by an agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be :provided that where all the legal representatives of ..... it is well known that the provisions as contained in section 166 of the motor vehicles act, 1988 is a beneficial piece of legislation for a person, who has sustained injury or where death has resulted from the accident, for the heirs and legal representatives of the deceased.3.1 section 166 of the act read as under :166. .....
Tag this Judgment!Court : Guwahati
..... sarma, learned counsel for the petitioner has submitted that keeping in view the nature of the activities taken up by the board, it is incumbent on it to take all possible care and caution from preventing forgeable accidents and mishaps and it is no defence for it to contend that as no report was made about the falling of the tree on the transmission lines and snapping of the wire timely action was not taken in order to avoid its ..... in view of the above, i am of the considered opinion, that the board was negligent in not keeping a continuous vigil on the transmission lines because of which the petitioner's father met with the accident causing his death.12. ..... it has been contended that the deceased had a poor eye sight and due to poor visibility condition in the early hours on the fateful day, the accident took place. ..... without prejudice to the above, the learned counsel placed before this court a set of guidelines framed by the board for payment of compensation in accident cases. ..... because of the storm the possibility of snapping of transmission lines and similar eventualities should have been for seen by the authorities of the board and timely steps should have been ensured to avoid all possible accidents. .....
Tag this Judgment!Court : Guwahati
..... ) 24 of 1996 dismissing the claim petition so preferred by the appellant as claimant seeking compensation under the workmen's compensation act, 1923 (for short, 'the act') 4ue to injury suffered by him in an accident in course of his duty as driver while driving the vehicle in question involved in the accident, holding that the appellant was not entitled to get any compensation basically on the sole ground that he failed to examine the doctors who gave the disability certificate as well .....
Tag this Judgment!Court : Guwahati
..... an award was passed in a motor accident claims case in favour of the claimant who was injured in an accident which had taken place on november 14, 1968, at about 2.15 p.m. ..... on being satisfied that the accident was due to the negligence on the part of the driver, a sum of rs. .....
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