Court : Guwahati
..... it is now settled position that an insurer can contest the proceedings before the motor accident claims tribunal only on any of the grounds prescribed under section 149(2) of the act and unless a specific order is passed by the tribunal under section 170, the insurer cannot contest the claim on grounds other ..... mz-01-b-8600 (city bus) which met with an accident at college veng, aizawl on 26.1.2003 at around 9.00 pm as a result of which the claimant respondent no. .....
Tag this Judgment!Court : Guwahati
..... on the death of his unmarried son, anthony laldawangliana, in a motor vehicular accident, which took place on 20th april, 2004, at a place near tuirial river, the claimant respondent no. ..... in the present case, the accident took place when the said deceased was moving on a motor cycle as a pillion-rider, a truck came from the opposite direction allegedly driven rashly and negligently and collided against the motor cycle, the .....
Tag this Judgment!Court : Guwahati
..... 43 of 2004 by the motor accident claims tribunal, aizawl has been called in question.2. ..... on way back to mozoram along with her husband she met with an accident and died. .....
Tag this Judgment!Court : Guwahati
..... the material facts and various stages leading to the present revision may, in brief, be set out as follows:for the injuries sustained by one brojen das in a motor vehicle accident, which took place on 14.5.1998, an application under section 166 of motor vehicles act, 1988, was made by the claimant-opposite party no. ..... 3,71,970.20 as compensation to the claimant and directed the insurer of the vehicle involved in the said accident, namely, the present petitioner, to make payment of the said amount within a period of sixty days from the date of passing of the award, failing which the awarded amount of compensation would carry interest at the rate of 9 ..... abeda begum , the division bench of this court has now held that motor accidents claims tribunal is a court within the meaning of section 115 of civil procedure code. ..... as there were conflicting decisions of this court on the question as to whether a motor accidents claims tribunal is or is not a court subject to the revisional jurisdiction of high court within the meaning of section 115 of the civil procedure code, the matter was laid before a division bench. ..... this revision is directed against the order dated 29.4.2003, passed by learned member, motor accidents claims tribunal, barpeta, in m.a.c. .....
Tag this Judgment!Court : Guwahati
..... this is an appeal under section 173 of the motor vehicles act, 1988, against the judgment and order dated 30.11.1993 passed by the member, motor accident claims tribunal, shillong, in mac case no. ..... for the said accident, the claimant preferred a claim before the claims tribunal, shillong, and the claims tribunal was pleased to pass the claim of rs. .....
Tag this Judgment!Court : Guwahati
..... plaintiff-respondent, omprakash agarwalla, is the son of mangilal agarwalla, who died on 21st july, 1965, during his lifetime mangilal agarwalla insured his life under endowment assurance scheme with accident benefit clause with the national insurance company ltd. .....
Tag this Judgment!Court : Guwahati
..... has challenged the legality and validity of the award, dated 26.3.2001, passed by the learned member, motor accident claims tribunal, lower subansiri, district ziro, arunachal pradesh, in mac case no. .....
Tag this Judgment!Court : Guwahati
..... before we answer the various questions raised in this writ petition, such as, the question as to whether the death of the claimant's husband can be regarded as a death caused in an 'accident' arising out of 'use' of a vehicle and/or the question as to whether the insurance policy, in the present case, covers death arising out of extremists' attack, we may point out that we are confronted with ..... the learned tribunal has held to the effect, inter alia, that dinesh chandra biswas's death was a result of an 'accident', arising out of the use of the vehicle, in question, and that the 'accident' occurred, because of rash and negligent driving of the vehicle by its driver and, hence, the insurer is liable to pay compensation if the owner of the vehicle can show that the vehicle ..... the claim by contending, inter alia, that the claimant's husband's death was not due to 'accident' arising out of use of the vehicle, but due to extremist attack and, hence, the insurer was not liable to indemnify the owner of the vehicle involved in the accident for any compensation, which the owner of the vehicle may be found liable to pay to the ..... , where the claimant's husband was travelling and as a result of the firing, her husband and the other occupants of the said vehicle sustained injuries and died, the said accident, according to the claimant, having taken place due to sheer negligence on the part of the driver of the vehicle involved in the accident, for, had the two vehicles been moving together, the .....
Tag this Judgment!Court : Guwahati
..... , as stated in the written statement was being used as a maxicab and it was hired by the claimant and other passengers in violation of the terms and conditions of the insurance policy of the accident vehicle and the appellant insurance company's liability is subject to the scope of the insurance policy issued in favour of the owner of the vehicle, validity of the insurance policy and vehicular documents such as registration certificate, fitness ..... of doubt that parliament intended to lay a comprehensive scheme for the purpose of grant of adequate compensation to a section of victims who would require the amount of compensation without fighting any protracted litigation for proving that the accident occurred owing to negligence on the part of the driver of the motor vehicle or any other fault arising out of use of a motor vehicle.10. ..... besides, it was categorically deposed by the claimant's witness, sangluaia that after the accident his brother could not join his service again but he was still paid salary by the government of mizoram on sympathetic ground and he would not know how long he would be paid without being able to work. ..... rochhunga, aged about 27 years, s/o lalzova, resident of aizawl, mizoram suffered from paralysis below neck resulting to 100% permanent disablement due to motor vehicle accident that took place on 16.12.2000 near aibawk village involving a jeep bearing registration no. .....
Tag this Judgment!Court : Guwahati
..... on 22.04.2001 the gypsy vehicle driven by the petitioner met with an accident in the chandrapur area and since the accident spot was a detour from the national highway (normal route for the journey from jorhat to guwahati), the petitioner was suspended and a charge memo was drawn up against him by the manager on ..... he also proved that the driver having met with the vehicular accident was detained in the pragjyotishpur police station and that is why he failed to return back to ..... in his reply furnished on 14.05.2001 (annexure-ii), the petitioner admitted to the accident, but explained it as an misfortune and tried to justify the choice of the alternate route to ..... specific instruction was defied by the driver, which led to the accident and considerable damage to the vehicle owned by the company, ..... on 22nd april, 2001 when a serious accident took place as you lost control of the vehicle, which ultimately fell down a hill completely damaging the ..... the workman was that the accident occurred because of brake failure. ..... your deficiencies, you had lied to the police station the next day of the accident that two-armed ultras i.e. ..... kartik boro rescued the petitioner and offered him first aid at his own residence after carrying him from the accident spot and he proved that the petitioner was involved in the vehicular accident. ..... you at gunpoint while you had stopped for tea break at jakhlabandha and took over control of the vehicle and drove towards chandrapur and ultimately met with the accident. .....
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