Court : Guwahati
..... said case the claimant was a practising lawyer aged 52 years and on account of the accident suffered paraplegia below the waist resulting in total disability and required continuous treatment throughout his life. ..... its very nature whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused ..... the appeal is allowed and the impugned judgment and award of the motor accidents claims tribunal are modified to the extent indicated in paras 7, 8 and 9 of this judgment, and we direct that the respondent insurance company will pay the enhanced amount ..... such injuries may be caused by various reasons including road traffic accident.it is evident from the description of injury as given by pw 3, quoted above, that the appellant has lost eyesight of his right eye and there was no chance of recovery of the ..... bhattacharjee further submitted that at the time of accident, the appellant was not a graduate and had not even passed 'madhyamik' and that the amount awarded by the tribunal was reasonable and ..... an appeal under section 173 of the motor vehicles act, 1988 against the judgment and award dated 8.9.1992 of the motor accidents claims tribunal in the title suit (mac) no. ..... 120 of 1990 before the motor accidents claims tribunal, west tripura, agartala and by the impugned judgment and award dated 8.9.1992, the tribunal awarded a sum .....
Tag this Judgment!Court : Guwahati
..... the question of proving the negligence on the part of the driver of the offending vehicle does not arise at all; rather, in a case, wherein compensation is claimed under section 163a, on proof of the accident, age of the deceased, the income of the deceased and the relationship of the claimant with the deceased, the structured formulae, contained in the second schedule framed under section 163a, would be applied. ..... , the provisions for granting of interim relief under section 140 do not apply, for, all that the claimant is required to prove, in an application under section 163a, are the factum of accident, death, age of the deceased and of the claimant so as to enable the tribunal to apply appropriate multiplier and there is no need to prove negligence of the driver. ..... who is the registered owner of the said truck, filed his written statement, wherein he admitted the said accident, the death of the said deceased and the fact that the said deceased was employed as had been mentioned ..... the claimant being that on 10.01.2001, when the said deceased was travelling in the said truck toward karimganj from guwahati, the truck met with an accident on the national highway at bhandar, district karimganj. ..... his last at the very spot of the accident, the claimant sought for an amount of ..... bear in mind that section 165 of the said act does not provide for making any application for compensation; rather, section 165 is the section under g which the government constitutes motor accident claims tribunals. .....
Tag this Judgment!Court : Guwahati
..... similarly in case of sailada das she was 52 years of age as on the date of accident, and as such following the same principle, the multiplier should have been 11 in her case. ..... deceased ranjit medhi was 27 years of age at the time of accident and as per the claim petition he had a monthly income of rs. ..... 375/1999 the learned member, motor accident claims tribunal, kamrup, guwahati awarded amount of rs. ..... from perusal of the materials on record, it appears that there is no dispute with regard to accident and death of the victims. ..... the claimants alongwith others lodged separate claim petitions before the motor accident claims tribunal, kamrup at guwahati. ..... the age of the claimant, kusum medhi as on the date of 4 deposition was 65 years and with as such she was about 57 years of age at the time the unfortunate accident had taken place. 4. ..... dl-c-6-6853 it met with an accident at bhergaon under khetri p.s. ..... in the accident five artists including driver died on the spot. ..... there is also no dispute with regard to insurance coverage of the vehicles in question which met with accident. ..... this shows sailada das was 50 years of age at the date of accident. ..... 162/2003 and 163/2003 have come-up for hearing as analogous items in view of the fact that both the appeals have arisen from the same accident. .....
Tag this Judgment!Court : Guwahati
..... we have considered the submission of the claimant very carefully and on consideration of the injuries suffered by him in the said accident it is obvious that the claimant was shattered and he is unable to function properly due to his injuries. ..... the claimant nilkamal bezbaruah filed a claim petition before the court of motor accidents claims tribunal, guwahati, against the opposite parties for a sum of rs. ..... according to the claimant due to the impact of the accident he cannot move freely without the support of an assistant. ..... since the claimant is now an old man of 76 years and the accident occurred in the year 1991, i.e. ..... (3) whether the accident took place on 5.10.1991 due to rash and negligent driving and as a result the claimant sustained injuries on his person? ..... the accident has taken place in the year 1991 and the claimant is now aged 76 years he can be expected to live beyond the age of 80 years in view of his family history. ..... the accident has affected his spinal cord and nerve system and we accept his claim that he cannot move freely without the support of an assistant. ..... there is also numbness and permanent pain in the fingers of the hand and brain concussion due to the impact of the accident. .....
Tag this Judgment!Court : Guwahati
..... in order to meet to some extent the responsibility of the society to the deaths and injuries caused in road accidents there had been a continuous agitation throughout the world to make the liability for damages arising out of motor vehicles accidents as a liability without fault.like any other common law principle, which is acceptable to out jurisprudence, the rule in ..... 1989 who sustained grievous injuries (later died due to the injuries), met with an accident with another lorry and dashed against a culvert on the right side of the road. ..... in the light of the other documentary evidence, the tribunal came to the conclusion that the accident was solely due to the rashness and negligence of p.w. ..... that the driver was quite negligent and the entire accident happened due to his carelessness and negligent driving. ..... run' cases where the drivers of the motor vehicles who have caused the accidents are not known are increasing in number. ..... has been filed against the judgment and award dated 21.7.2000 passed by the member, motor accident claims tribunal, kamrup at guwahati in mac case no. ..... on this law we hold that if an accident occurred whether due to negligence or not, the claimants are entitled ..... ar/01-2373 who, died in the accident drove the vehicle in negligent manner on the date and at the time and place ..... as the accident took place in the year 1995, the tribunal shall make an attempt to dispose of the matter as early as possible preferably within a period of four months from the date of receipt .....
Tag this Judgment!Court : Guwahati
..... the ambassador was chased and in that process, the car which chased the ambassador met with serious accident and as a result of which the husband of the petitioner along with two others died on the spot within the jurisdiction of sidli police station and a case was registered as sidli ps case no. ..... while the extremists were proceeding towards samthaibari, in an attempt to catch the car the mini bus made with a serious accident at lauriapara near samtharbari as a result, absi ayan ch ray and two others died on the spot. ..... in this particular case, the police personnel including the late husband of the petitioner died while performing duties, inasmuch as, while the police personnel chased the car of the extremists, if met with an accident and as a result, the husband of the petitioner died. ..... so, this cannot be termed to be a case of death in an ordinary accident, but it is a case while performing duties during the action against extremists as notified in the office memorandum dated 26.8.85 which shows that family pension shall be available to the person who are killed while engaged in discharge of ..... the death is, therefore, not directly linked with extremist violence, it was a case of accident. ..... regret their inability to consider the proposal in view of the fact that late roy was unfortunately killed while travelling in a vehicle that met with an accident. .....
Tag this Judgment!Court : Guwahati
..... the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained, as a result of such ..... das, learned counsel for the petitioners referring to the provisions of railways act, 1989 and rct act, 1987 submits t it being an accident within the meaning of the provisions of the said two acts and also being an untoward incident, the petitioners who are the wife and children of the deceased are entitled to adequate ..... , being either a collision between trains of which one is a train carrying passengers or the derailment of or the accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured ..... against a railway administration for loss, destruction, damage, deterioration on non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents (or untoward incidents) and for matters connected therewith or incidental thereto. 15. .....
Tag this Judgment!Court : Guwahati
..... (2) the appropriate government may, if it thinks fit, require any electrical inspector, or any other competent person appointed by it in this behalf, to inquire and report -- (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, supply or use of energy, or(b) as to the manner in, and extent to, which the provisions of this act or of ..... energy in or in connection with, any part of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the electrical inspector and to such other authorities as ..... been reproduced above, in our considered view envisages about the enquiry to be conducted about the cause of the accident resulting into the loss of human life. ..... of the defendant authorities in not holding any enquiry into the occurrence even after receipt of the lawyers notice attributed to the careless and negligence on their part and that on account of accident the boy became handicapped. ..... of rushing to the civil court should have filed a complaint to the electrical inspector underthe aforementioned provision who after making appropriate enquiry could have reported the cause of the accident. .....
Tag this Judgment!Court : Guwahati
..... was stated in the same decision as under:it is impossible to doubt that the indulgence extended in such cases is mainly owing to the natural desire prevailing to prevent irremediable injustice, being done by a court of last resort, where by some accident, without any blame, the party has not been heard and an order has been inadvertently made as if the party had been heard.rectification of an order thus stems from the fundamental principle that justice ..... the indulgence by way of review is granted mainly owing to the natural desire to prevent irremediable injustice being done by a court of last resort as where by some accident, without any blame, the party has not been heard and an order has been inadvertently made as if the party had been heard. ..... from the ratio laid down in raja prithwi chand (supra) it is abundantly clear that review petition shall be entertained to prevent irremediable injustice being done by a court as where by some accident, without any blame, the party has not been heard. .....
Tag this Judgment!Court : Guwahati
..... in respect of other tribunals like the motor accident claims tribunals, the high court is exercising power of superintendence because the tribunals are constituted within the territorial jurisdiction of the high court. .....
Tag this Judgment!