Court : Guwahati
..... the apex court held that the murder of the said driver was an accident arising out of the use of the motor vehicle and insurance company was made liable for payment of compensation. 8. ..... mahanta's contention is that the injury so suffered by the claimant is definitely an accident which occurred during the course of his travelling in the said bus which was duly insured with the appellant and moreover, the claimant was having a valid ticket. 6. ..... dutta appearing on behalf of the appellant submits that since the claimant has suffered the injury due to falling of a suit case upon him for sudden put up of the break, the same cannot be said to be an accident covered under section 166 of the mv act. ..... this appeal is directed against the impugned award dated 28.2.1997 passed by the member, motor accident claims tribunal, north lakhimpur in mact case no. ..... i fully agree to apply the principle of the said decision in this case and accordingly hold that the injury suffered by the claimant in this case is an accident. 9. .....
Tag this Judgment!Court : Guwahati
..... requirements of policies and limits of liability--(1) x x x(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely-(a) x x x (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 ..... this appeal arises out of an award passed by the learned member, motor accident claims tribunal, kamrup, gauhati, by which the appellant has beea asked to pay a sum of rs. ..... 21,500/- as compensation to the widow and two daughters of tusar kanti who died in an accident which had taken place on 18-8-71 at about 6 pm. .....
Tag this Judgment!Court : Guwahati
..... during the validity of the insurance policy on 5.6.1992 the owner having valid driving licence while was driving the said vehicle met with an accident having dashed with a tree and as a result the owner driver sustained grievous injuries on different parts of his body. ..... in the present case the owner respondent while driving the vehicle caused the accident having dashed with a tree as a result he sustained injury and he incurred no liability to anybody else nor the action of the owner of the insured vehicle caused any death bodily injury or damage to property to anybody else but he ..... only in case the owner incurrs any liability towards any person as a result of any accident caused by or arising out of the use of the vehicle so insured. ..... this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment/award dated 2.4.1996 passed by thelearned member, motor accident claims tribunal, west tripura, agartala in t.s. .....
Tag this Judgment!Court : Guwahati
..... in an application for awarding compensation under the act for the injury or death caused due to the accident, the award is passed against the owner and the driver of the offending vehicle and in the event, if there is a contract of insurance between the owner and an insurance company to indemnify the owner in respect of the compensation ..... 32/03 by the learned member, motor accident claims tribunal, nagaland, dimapur awarding a sum of rs. ..... 3 died in a motor accident on 10th november, 2002. ..... to answer the question, it is necessary to find out on what grounds the insurer entitled to defend/contest against a claim by an injured or dependants of the victims of a motor vehicle accident. .....
Tag this Judgment!Court : Guwahati
..... meitei that though the claim application does not speak specifically about the section under which it is made, the claimant has proved through evidence that the accident occurred due to rash and negligent driving of the driver and the deceased died as a result of ran over by the said truck. ..... when the claimant has proved that the accident had taken place due to rash and negligent driving of the driver of the offending vehicle concerned, non-quoting of the appropriate section of the law will not vitiate the award. ..... 1 herein, on account of death of his son in a vehicular accident filed a claim petition before the learned member, mact aizawl, claiming compensation to the tune of rs. ..... (supra), the hon'ble apex court was of the view that multiplier depending on the age of the parents would have been appropriate in computation of the award if the deceased was unmarried at the time of accident. .....
Tag this Judgment!Court : Guwahati
..... it is the mandate of section 168 of the motor vehicles act that the motor accident claims tribunal (hereinafter called as the tribunal) is to determine the compensation which appears it to be just. in a.i.r. ..... , page 1354 the supreme court pointed out as follows : -'road accidents are one of the top killers in our country, specially when truck and bus drivers operate nocturnally. ..... a third factor which is harrowing is the enormous delay in disposal of accident cases resulting in compensation, even if awarded being postponed by several years. ..... out of the same accident concerning the same vehicle there was another case being title suit (mac) no. ..... accidents tribunals must take special care to see that innocent victimes do not suffer and drivers and owners do not escape liability merely because of some doubt here or some obscurity there. .....
Tag this Judgment!Court : Guwahati
..... both parties shall appear before the learned member, motor accident claims tribunal, jorhat on 28-2-92 to receive an order from the tribunal. ..... sub-section (4) of section 166 empowers the tribunal to treat the report filed by the police officer regarding an accident as if it were an application under the provisions of the m. ..... this revision petition is directed against the order dated 20-10-90 passed by the member, motor accident claims tribunal, jorhat in m.a.c.t. .....
Tag this Judgment!Court : Guwahati
..... hattangadi (supra) made the following observation: 'it was further held that whenever a tribunal or court is required to fix the amount of, compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of disability caused. ..... this appeal is preferred by the state against the judgment and award dated june 7, 1996 passed by the learned member, motor accident claims tribunal. ..... in that case, the apex court considered the pecuniary damages and special damages while fixing an amount of compensation payable to a victim of an accident. .....
Tag this Judgment!Court : Guwahati
..... the accident occurred on 19.10.1998 near virpur after midnight. ..... 8 lakhs for the unfortunate, untimely and premature death of the bread-winner in a motor vehicular accident in which s.t. ..... motor accident claims tribunal (main), rajkot, has passed order below exh. 7 in. m.a.c. .....
Tag this Judgment!Court : Guwahati
..... for recovery thereof from the insurer, owner or driver of the vehicle jointly or severally but also the dispute between the insurer on the one hand and the owner or driver of the vehicle involved in the accident inasmuch as can be resolved by the tribunal in such a proceeding.'.7. mr. ..... this appeal arises out of an award dated 22nd june, 2001 parsed by the learned member, motor accident claims tribunal, golaghat in mac case no. ..... it met with an accident at bohora bazar over national highway-37 in the district of golaghat, as a result of which, her husband succumbed to the injuries. .....
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