Court : Guwahati
..... by this appeal, the united india insurance company ltd being the insurer in relation to the two wheeler involved in the accident has called in question the judgment dated 20.1.2005 passed by the learned member, motor accident claims tribunal, west tripura, agartala in ts (mac) no. ..... 5,27,000 after holding that the accident had taken place due to negligent driving and the appellant being the insurer is liable to pay the compensation with interest @ 6% per annum from the date of presentation of the petition on 10.4.2003 till the payment is ..... the deceased, therefore, cannot be said to be an unauthorized person travelling as a pillion rider by the two wheeler which met the accident claiming his valuable life.6. ..... the factual matrix giving rise to the present claim is that on 14.11.2002 the deceased while travelling as a pillion rider by the scooter tr-01-a-7070 driven by its owner sanjib kumar roy met an accident and died. ..... to examine, as we have done above, the status of the pillion rider and whether having regard to the such status, the legal heirs of a deceased pillion rider are entitled to claim compensation for the death in a motor accident. .....
Tag this Judgment!Court : Guwahati
..... on way, the bus met with an accident which caused grievous injury on the person of the claimant who lost his senses and subsequently derived the same when he found himself in the assam medical college, dibrugarh. ..... the award is relatable to a motor accident which took place on 13.4.1973. ..... it may be stated that the claimant had returned to india from the united kingdom sometime before the accident after obtaining his m.a. ..... 36, 860.00 passed by the learned member, motor accident claims tribunal, dibrugarh. .....
Tag this Judgment!Court : Guwahati
..... this appeal seeking enhancement of the amount of compensation is directed against the judgment and award of the motor accident claims tribunal, west tripura, agartala (in short 'tribunal') passed on 21.8.1996 in t.s. ..... as regards disability in non-fatal accident, the structured formula in the second schedule of the m.v. ..... a complaint was registered with the amtali police station immediately after the accident and accordingly amtali p.s. ..... the second, grievance of the appellant is that the multiplier 10 was wrongly chosen, as the age of the appellant was admittedly 35 years at the time of accident. mr. ..... 55,000 along with interest @ 12% per annum was awarded in favour of the claimant-appellant for the injuries sustained by him on his right hand in a motor accident.2. .....
Tag this Judgment!Court : Guwahati
..... it is also the case of the claimant that the bus met with the accident during its policy validity period obtained from the appellant company. ..... malik, resident of zarkawt aizawl was the owner of the offending vehicle which was driven on the relevant date of accident by one chunga of ratu, insured with the present appellant. ..... would perhaps not be justiciable, since the present case is not a case of fatal accident where 1/3rd deduction is allowable. ..... aizawl, represented by its branch manager, feeling aggrieved with the judgment and award dated 09.04.07 passed by the learned member, motor accident claims tribunal, aizawl in case no. ..... as a result of the accident, it was claimed, the respondent no. ..... act, claiming compensation on the ground of injury sustained by her due to vehicular accident occurred on 31.03.01 at about 8:30 a.m. .....
Tag this Judgment!Court : Guwahati
..... this appeal is directed against the judgment and order dated 1.6.1983 passed by the learned member motor accident claims tribunal, shillong in motor accident claims case no. ..... the accident took place on 21.10.79 at 10.10 p.m. .....
Tag this Judgment!Court : Guwahati
..... 5633 and the same was insured with the appellant insurance company for carriage of goods and the deceased was a gratuitous passenger who happened to meet with his death due to accident of the vehicle and as such as per contract of insurance, the insurance company is not liable to pay any compensation for the death of a passenger travelling in a goods ..... hearing learned counsel has taken me to the judgment of learned presiding officer of the motor accidents claims tribunal and also the evidence, oral and documentary led before the tribunal.3. ..... thus, the learned presiding officer of the tribunal concluded that the accident took place due to rash and negligent driving of the truck ..... the facts, as pleaded in the claim petition dated 21.2.1989 which was presented before the motor accidents claims tribunal, manipur, it is averred in the claim petition that on 20.10.1988 at about ..... for the appellant insurance company with which the vehicle was insured, has challenged the award passed by the learned presiding officer, motor accidents claims tribunal, manipur only on the point of liability. ..... discussed above, it is clear that the vehicle is a truck for carrying of goods and in fact on the date of accident also the truck was carrying sand. ..... vakham who died in a motor accident on 20.10.1988 due to rash and negligent driving of ..... 173 of the motor vehicles act, 1988 is against the judgment and award dated 31.12.1994 passed by the presiding officer, motor accidents claims tribunal, manipur in m.a.c. .....
Tag this Judgment!Court : Guwahati
..... reported in : [1987]3scr404 , the apex court has held that the brother of a person, who dies in a motor vehicle accident, is entitled to maintain a claim application under section 110a of the act, if he is a legal representative of the deceased.10. ..... 43/2002, the learned member of the motor accident claims tribunal, aizawl, granted, in all, rs. ..... mz-01/a-5156 met with an accident, while the said vehicle was proceeding to aibawk from darlung. ..... in the accident, m. .....
Tag this Judgment!Court : Guwahati
..... the brief fact leading to the present proceeding originates from a motor accident in which one subal das, the husband of the claimant-respondent smti. ..... deb, the learned counsel for the owner appellant is that section 10 of the workmen's compensation act (for short 'act') provides that no claim for compensation shall be entertained by a commissioner unless notice of the accident is given in the manner hereinafter provided. ..... after his death in the accident on 27.7.1996, the proceeding before the learned commissioner was initiated at the conclusion of which an amount of rs. ..... it is settled legal position that the claim becomes due on the date of accident. ..... the learned commissioner further directed that the said amount would carry interest @ 12% per annum from the date of accident. .....
Tag this Judgment!Court : Guwahati
..... the claim case came to be finally decided by the motor accident claims tribunal, aizawl by judgment dated 9.2.2005 whereby an amount of rs. ..... the argument of the learned counsel is that the accident having taken place in 2004 the erosion in the money value has not in all probability escaped the consideration of the learned tribunal while awarding rs. ..... the father of the victim instituted on 18th may 2004 the motor accident claim case no. ..... following the said accident kolasib p.s. .....
Tag this Judgment!Court : Guwahati
..... bhuyan has submitted that the evidence of pw 5 is clear to the effect that the bus which was involved in the accident was overcrowded on the day of occurrence and hence there was a violation of the terms of the permit and as such the insurance company cannot be made liable for such violation caused by the owner of the vehicle. ..... however, non disputed the death of the boy due to the said accident the claimant (father of the boy) preferred the claim for payment of compensation before the tribunal. ..... there is no deniel that vehicle in question was insured and that the accident took place within the coverage period. ..... on 5-12-1972 the eldest son of the claimant who was a student of class v and aged about 13 years met with an accident which was caused by public bus no. ..... this appeal arises out of an award passed by the learned member, motor accidents claims tribunal, 'the tribunal' for short, in motor accident claim case no. .....
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