Court : Guwahati
..... it is contended by the learned counsel for the appellant m/s new india assurance company limited that once the lok adalat passed the award for payment of compensation that attains the finality and the motor accident claims tribunal could not have passed an additional award against the appellant m/s new india assurance company limited when the matter was taken up for adjudicating the liability of the insurer of the maruti car, ..... therefore, to fasten the liability on m/s oriental insurance company limited, it was necessary for the motor accident claims tribunal to arrive at a finding that there was contributory negligence on the part of the two vehicles, namely truck and the maruti car insured by m/s oriental insurance company limited and m/s new india assurance company ..... we find that no clear cut finding has been recorded by the motor accident claims tribunal regarding contributory negligence of the two vehicles, which met with an accident on account of which the husband of the claimant has died and she sustained ..... in that view of the matter, we set aside the order passed by the motor accident claims tribunal, dhubri, fastening the liability on m/s new india assurance company limited and remand mac case ..... when the issue involved in the claim petition before the motor accident claims tribunal was only in regard to determination of liability on m/s oriental insurance company limited, it has committed an error in passing the award against m/s new india assurance company limited. .....
Tag this Judgment!Court : Guwahati
..... the question is - whether a writ petition under article 226 of the constitution of india is maintainable against the award passed by the motor accident claims tribunal even though law provides remedy of filing of an appeal on limited grounds to the high court and whether the grounds of challenge can be enlarged by filing petition under article 226 of the constitution of india as available ..... , (supra) in which this court held that a writ petition would lie against an award of the motor accident claims tribunal at the instance of the insurer on the grounds other than those mentioned under section 149 of the motor vehicles act, 1988. ..... and writ petitions may be disposed of by a common order, since the only question that arises for our consideration is with regard to the maintainability of the writ petitions filed against the awards passed by the motor accident claims tribunals under the provisions of the motor vehicles act, 1988.2. ..... the appellant therein filed a claim petition before the motor accident claims tribunal seeking compensation. .....
Tag this Judgment!Court : Guwahati
..... stated as below is this connection:the moment it is either admitted by the owner of the vehicle that his vehicle was involved in the accident or from the evidence adduced on the record, the tribunal positively holds that vehicle of the owner in question was involved in that accident, if he denied that fact and then if the tribunal comes to a further prirna facie conclusion that the vehicle was insured, then ..... despite the above concession, shri taiukdar submits that even while passing order under section 92-a of the act, the motor accident claims tribunal shall have to apply its mind to the question whether in view of the provisions contained, inter alia, in section 95 of the act whether the insurer is at all liable to ..... that because of the aforesaid amendments helpless widows and other dependants of victims of motor accidents look forward to get some immediate relief on the death or permanent disablement of their ..... and reasons of this amending act shows that the amendment was regarded, inter alia, as a measure of social justice, in view of the fact that road accidents of motor vehicles had reached serious proportions and it was found that the victims of these accidents were generally pedestrians belonging to the less affluent sections of the society. ..... the widow of the present case must have approached the motor accident claims tribunal with the same hope as her husband had died on 20-2-86 while he was travelling in a goods vehicle which was engaged by the employer of the deceased to .....
Tag this Judgment!Court : Guwahati
..... ramanbhai prabhatbhai reported in : [1987]3scr404 where it was held that a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.13. ..... nurool hoque (hereinafter referred to as the 'deceased') on 11-3-1997 in a road accident.the appellant also challenges the direction given by the impugned order for awarding the remaining 3/4th share of the awarded amount in favour of brothers (respondents) of the deceased.3. ..... 139/01 passed by the learned member, motor accident claims tribunal (herein after referred to as 'mact), darrang, mangaldoi, whereby the appellant/wife has been held entitled to only 1/4th share of the amount awarded due to the accidental death of the appellant's husband md. .....
Tag this Judgment!Court : Guwahati
..... having received the evidence adduced by the contesting parties, learned tribunal came to the conclusion that the said accident took place due to rash and negligent driving of the said bus by its driver. ..... 30/1984, by learned member, motor accident claims tribunal, sonitpur, tezpur, raises. 2. ..... 77,495 for the damage caused to their vehicle belonging to the union of india as aresult of an accident. .....
Tag this Judgment!Court : Guwahati
..... section 166(1)(c) of the motor vehicles act, 1988 reads as under:where death has resulted from the accident, by all or any of the legal representatives of the deceased; orxxx xxx xxx xxx xxxprovided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application .....
Tag this Judgment!Court : Guwahati
..... agarwal that even if the snapping of drag link had taken place at the time of the accident, if the driver would have acted cautiously and carefully the vehicle could have been stopped by applying brakes ..... 1,50,000/- in the present case, but as all the claims relating to the accident in question had not been disposed of (it may be pointed out that in the accident another person had also received injury whose claim was pending at the time the appeal was preferred) it should not have been fastened with the liability of rs ..... the case of the owner of vehicle is that the accident had taken place not due to any rashness or negligence on the part of the driver but the same had occurred due to breaking of the drag link ..... the case of the claimants was that the accident was due to rashness and negligence on the part of the driver ..... to his ill luck the vehicle met with an accident at a place called patarkuchi within the jurisdiction of gauhati p.s ..... the first point to be determined is whether the accident was due to rashness or negligence on the part of the driver of the vehicle ..... mechanical defect was thus responsible for the accident, contends the owner of the vehicle. ..... 1987 acj 872 (sc), according to which the liability of an insurer in case of an accident of a passenger travelling in a bus is limited. ..... 000/- when the present accident had taken place. ..... the learned motor accidents claims tribunal (mact), guwahati on being satisfied about the negligence on the part of the driver awarded a sum of .....
Tag this Judgment!Court : Guwahati
..... disability in non-fatal accidents:the following compensation shall be payable in case of disability to the victim arising out of non-fatal accidents:loss of income, if any, for actual period of disablement not exceeding fifty-two weeks. ..... 43 (k) of 1986 before the learned member, motor accidents claims tribunal, kamrup, claiming a compensation of rs. ..... the bus was involved in an accident with 155 dn tinsukia mail on the railway-level crossing at changsari along with another vehicle (truck no. ..... but, due to the accident, he has become permanently disabled person for his life. ..... he was 28 years old at the time of accident. ..... note 5 of the motor vehicles act, 1988, provides for the manner in which compensation has to be assessed in case of disability in non-fatal accidents. .....
Tag this Judgment!Court : Guwahati
..... after 14th november, 1994, no period of limitations exists for making the claim applications for compensation under section 166 of the m.v, act, 1988, the question, therefore, is this: in respect of an accident, which took place prior to 14th november, 1994 and in respect whereof, no claim for compensation had been made, is it possible to make a claim application if the claim had become barred under ..... claim applications by laying down, in sub-section (3) of section 166, thus, 'no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:provided that the claims tribunal may entertain the application after the expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by ..... representatives of the deceased constables concerned, the present claim proceedings were not barred by limitation and, further, there being no dispute with regard to the fact that the accident was the result of the fault on the part of the driver of the vehicle, in question, there was really no impediment in law, on the part of the learned tribunal, to ..... held that when sub-section (3) of section 166 has been omitted, the tribunal has to entertain a claim application without taking note of the date on which the accident had taken place and that a claim application cannot be thrown out on the ground that the claim application had become, under sub-section (3) of section 166, .....
Tag this Judgment!Court : Guwahati
..... in our opinion, the insertion and the employment of the aforesaid clause or endorsement and that too, by calling it by a notice carries the purpose and philosophy behind it and more so when the accident is governed by the new act why should third party be allowed to suffer his prime design and desideratum of the provisions of the new act. ..... tribunal, morbi of rajkot district, recorded on 13.1.2000, whereby 18 injured persons and legal heirs and representatives of 7 deceased victims of road accident came to be awarded compensation of different amounts in different petitions holding that the driver of a motor truck gqa 5644 was rash and negligent and responsible for the accident and owner of the truck is, vicariously, liable and the insurer is bound to indemnify the insured owner of the vehicle with interest and cost ..... reported in : air1999sc589 , is relied on by the supreme court in satpal singh's case (supra), to disclaim liability on the premise that the victim of the accident was gratuitous passenger in the vehicle covered by the insurance policy, however, the hon'ble supreme court in satpal singh's case (supra), explained the said decision and held that under the new act ..... the aforesaid clause or endorsement would undoubtedly preclude the insured of the vehicle involved in the accident to avoid or resist the rightful claim due and payable under the act to a victim of tort of a vehicle which is insured with the insurer committed on account of use of the vehicle insured with the .....
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