Court : Guwahati
..... that in the following cases application can be made for compensation:(a) by the person who has sustained the injury; or (aa) by the owner of the property; or(b) where the death has resulted from the accident by all or any of the legal representatives of the deceased;(c) by an agent duly authorised by the, person injured or all or any of the legal representatives of the deceased as the case may ..... driver-cum-care taker shri saroj bhowmik resisted the claim petition by filing a joint written statement wherein they, inter alia, contended that their vehicle was not involved in the accident as alleged in the claim petition and as such this claim petition under section 110-a of the act was not maintainable against them. ..... reading of section 110 will make it manifestly clear that bodily injury or damage to any property arising out of a motor accident or both could be made subject matter of claim before the claims tribunal. ..... the act provides that an application may be made for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 of the act. ..... this appeal is directed against the award of learned member, motor accident claims tribunal, west tripura, agartala dated 31st august, 1984 whereby claim petition was dismissed awarding no compensation for the damage caused to one heifer belonging to the appellant ..... consequent upon this findings, learned member of the motor accident claims tribunal decided the remaining issues also against the appellant and thus .....
Tag this Judgment!Court : Guwahati
..... 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 vehicle used or adopted to be used for the carriage of goods, a limit of twenty thousand rupees:(b) where the vehicle is a vehicle in which passengers are carried for hire ..... governed by the old provisions of section 95(2) of the motor vehicles act, 1939 as the accident took place on 8-2-70 prior to the 1969 amendment which came into force with effect from 2-3-70 ..... criterion at one of the many variable criteria which are applicable for fixing compensation in motor accident cases, the heirs of the affluent victim may have been awarded, say a compensation ..... of the injuries suffered by each one of the five persons, since each met with an accident, though during the course of the same transaction ... 7. ..... their lordships had the occasion to consider several decisions of various courts including supreme court and decisions in few english cases for interpreting the expression 'any one accident' in the provisions of section 95(2) of the motor vehicles act. ..... independent claim petitions in the motor accident claims tribunal claiming compensation for their ..... whether the insurance company, if found liable, is really liable to pay the maximum limit as prescribed under the law to each individual who sustained injury in the same course of transaction and in one accident arising out of the same cause of action. .....
Tag this Judgment!Court : Guwahati
..... she deposed as follows: when the army vehicle dashed against the matador van, the accident occurred, i became senseless and shifted to calcutta where i was hospitalised for treatment ..... learned tribunal dismissed the claim in its entirety holding as follows: i, therefore, find no evidence on record to hold that claimant dhankenwari devi sustained any serious injuries due to the accident leaving aside the question of her in anyway becoming permanently disabled.7. ..... doubt the claimant suffered some injury because of the accident; but she wanted to have a huge compensation. ..... discharge certificate shows that the claimant sustained head injury in a matador accident and advised to go for higher medical treatment. ..... appeal has been filed by the claimant against the award dated 3.2.1992 passed by member, motor accident claims tribunal, sonitpur, tezpur in mact case no. 4/83. ..... tribunal has further observed:i noticed a little sign of cut mark living on her forehead below the hair.i cannot say after how many days of accident, i was shifted to calcutta for treatment. ..... he deposed that there was an accident but he did not say anything regarding the injury of the ..... the cross-examination, it was also put to her that she did not suffer any injury in the accident which she denied. ..... cannot say after how many days of the occurrence of the accident, i was shifted to calcutta. ..... is stated by the witness that the army vehicle dashed with the matador van from opposite side as a result of which the accident took place. .....
Tag this Judgment!Court : Guwahati
..... , if the deceased had not been killed, but had eked out the full span of life to which in the absence of the accident he could reasonably have looked forward, what sums during that period would he probably have applied but of his income to the maintenance of ..... the assam state road transport corporation (hereinafter called 'the corporation') in its written statement pleaded, inter alia, that the accident took place on account of the high banded action of late subodh chandra das himself; that there was no negligence on the part of the driver; ..... it is assumed that compensation under the section is to be fixed on the same basis as is required to be done under the fatal accidents act, 1855, the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or ..... admitted that the deceased was 37 years of age at the time of the accident and at this rate he could have reached the maximum at the age of ..... magistrate, mangaldoi, aged 34 years, died of multiple injuries sustained in the accident met with by the assam state road transport corporation's (appellant's) passenger bus ..... should have sympathised with the victims of the tragic accident and generously adjusted the claims within a short period ..... however, considering the fact that this accident took place as far back as on 6-4-1969 and the widow and the minor son have been so long in expectation of a just compensation, we consider it just and expedient to decide the appeal .....
Tag this Judgment!Court : Guwahati
..... come to possess the vehicle, the registered owner of the vehicle would be regarded as the owner of the vehicle and the insurer would remain liable to pay compensation to a third party even if the vehicle meets with an accident, when the registered owner of the vehicle did not have the control and possession over the vehicle.15. ..... act, 1939, even a person, who might have had stolen a vehicle and committed an accident, could have, perhaps, been regarded as the owner of the vehicle, for, he had the control and possession of the vehicle, the definition of owner, now, given under m.v ..... while considering the present appeal, it needs to be noted that at the time of the accident, the claimant's daughter, rupanjali, was aged about 12/13 vears and she was a student of class ..... 1, the fact remains that till the day of the accident, the vehicle had remained registered in the name of ..... sustained grievous injuries as a result of the said accident and succumbed to her injuries at the hospital.3. ..... 1, at the time, when the said accident had taken place my quest for an answer to this question brings me to section 2(19) of the motor vehicles act, 1939 (in short, 'the ..... , 1988, makes it clear that the compensation shall be payable by the insurer or owner or driver of the vehicle involved in the accident or by any of them, as the case may be. ..... the fact remains that the vehicle had not been registered in her name till the day, when the said accident took place. ..... by the learned motor accident claims tribunal. .....
Tag this Judgment!Court : Guwahati
..... with the increasing use of machinery and consequent danger, to workmen, along with the comparative poverty of the workmen themselves, renders it advisable that they should be protected, as far as possible, from hardship arising from accidents.in the statement of objects and reasons, it is further stated:the general principle is that compensation should ordinarily be given to workmen who sustained personal injuries ..... provided under section 10-a of the act, he can even act on information received by him from any source regarding fatal accident and call upon the employer to explain as to under what circumstances death had occurred. ..... 000/- per month; and the workman has received serious injuries on account of the accident which took place on may 26,1984 when the workman was driving the truck in question ..... he was driving the truck belonging to respondent no, 1 and he met with an accident and received serious injuries; that he was receiving monthly wages of rs. ..... it may be noted that the accident took place on may 26,1984 and the appellant gave the aforesaid evidence on june 26, ..... it is held proved that the accident arose out of and during the course of ..... may be noted that the accident occurred on may 26, 1984. ..... on account of such accident he received injury which resulted in permanent ..... was working as driver the accident occurred. ..... will be of a permanent nature which would reduce the earning capacity of the workman in every employment which he was capable of undertaking at the time of accident. .....
Tag this Judgment!Court : Guwahati
..... 000 under section 2) was not regarded as inadequate by the supreme court for the death of a bright boy aged about 8 years in a motor accident, though the father was a substantial person and though there was reasonable possibility of the deceased becoming a successful man in life ..... support of his case the petitioner examined five witnesses before the learned motor accidents claims tribunal and the opposite parties did not adduce any evidence. ..... . though the husband had married within a year of the accident, this is not what had weighed with the supreme court in cutting down the compensation, awarded by the ..... therefore statute had to intervene and the provisions in fatal accidents act and motor vehicles act are some of these, so far as we are ..... of bin-gham's motor accident claim cases, 7th edition ..... girl aged about 15/16 years, as was renubala doloi at the relevant time, met her end to a motor accident which took place at bout 8-30 a.m. ..... view of partial dismissal of the appeal, we have thought it fit to award cost to the respondent as we understand that no amount at all towards compensation was paid to him though it is about 7 years by now that the accident hadtaken place ..... our fatal accidents act has its forerunner in english statute of the same name ..... despite the accident, the car did not stop, maybe because a minister of the government of assam was travelling in ..... few months were left to see her depart from the parents' loving care--she was to be wed in magh, the accident being in aswin. .....
Tag this Judgment!Court : Guwahati
..... whether the amount of compensation under the workmen's compensation act, 1923 (hereinafter referred to as the act) is to be assessed under section 4 as per the provisions as these exist on the date the accident occurs or on the date the tribunal under workmen's compensation act gives the award ?2. ..... in explanation ii to section 4 came into force with effect from 08.12.2000 whereas the accident occurred on 11.07.1999 when figure 'rupees two thousand' occurred in explanation ii. ..... in that case, it was specifically held that cases where accident took place prior to the amendment, but decided subsequent to the amendment, such cases would not attract the enhanced rate introduced by the ..... , the relevant date for determination of the rate of compensation is the date of accident and not the date of adjudication of the claim. ..... 000 explanation ii to section 4 was amended only on 08.12.2000 and, therefore, the said amendment could not have been applied to the claims arising out of accidents which occurred prior to the amendment on 08.12.2000. ..... sabata, reported in (1976) 1 scc 289 to hold that an employer becomes liable to pay compensation as soon as personal injury is caused to the workman by the accident which arose out of an incourse of employment. ..... case was under the railways act for compensation arising out of a railway accident, in that case it was held that the law prevailing at the time of determination of compensation and not the law prevailing at the time of accident is to be applied. .....
Tag this Judgment!Court : Guwahati
..... it has also been argued that the motor accident claims tribunal can award compensation only in connection with the liability of the insurer or the insured which arises out of vehicular accident and not for of any remote cause. ..... since the motor accident claims tribunal lacks inherent jurisdiction to entertain the claim for damages on account of the death of the claimant's father, this court has got no other option but to delete the compensation of rs. ..... such a claim which has been allowed by the tribunal could only be within the competence of the civil court and not within the competence of the motor accident claims tribunal. ..... the claim for the death of the father might or could have been taken up under law of torts and not by motor accident claims tribunal, which has got limited jurisdiction to deal with claims arising out of accident. ..... the counsel for the insurance company has argued that admittedly the father of the claimant died on account of heart-attack and not due to vehicular accident. ..... 86.400 has been granted to the claimant-daughter by way of compensation for the death of her father, who, admittedly, did not die on account of vehicular accident. .....
Tag this Judgment!Court : Guwahati
..... 4.03,200/- to the claimant for personal injuries holding that both the drivers of the vehicles were rash and negligent and responsible for the accident resulting into serious permanent partial disablement affecting functional loss to the claimants.4. ..... 3,50,000/- awarded by the tribunal to the original claimant-respondent herein for personal injuries and permanent partial disablement on account of the accident could not be said to be excessive and exorbitant. ..... 1 driver and the owner of the autorickshaw and the driver of the amts bus were rash and negligent and responsible for the accident as per the case of the claimant. ..... 3,50,000/- awarded by the motor accident claims tribunal (aux,), ahmedabad, for personal injuries sustained by respondent no. ..... 1,500/- as income of the injured considering the income at the time of accident and future income. ..... she is one of the seriously injured claimants on account of road accident which occurred on 15.9.1991. ..... the accident occurred on 15.9.1991 at about 9.00 p.m. ..... bus was, mainly, responsible for the happening of the accident. ..... two vehicles were involved in the accident. .....
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