Court : Guwahati
..... in view of the fact that the respondents have denied their liability to pay the compensation by disputing the fact that the accident had taken place due to their fault, it becomes clear that for the determination of the question as to whether the respondents shall be held liable for the death of bibek das ..... in enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict ..... glt 974, a division bench of this court has held that even in a suit arising out of the fatal accidents act, 1855, the mechanism of the use of multiplier, as envisaged under the motor vehicles act 1988, can ..... down, as an absolute and invariable rule, that under no circumstances, the state, in a proceeding under article 226, can be held liable for the tortious act of its servant if the accident is the result of an act done in exercise of duty by its employee or due to omission to exercise duty by the employee concerned. ..... respondents, in such circumstances, will be governed by the principle of strict liability, and for an accident, as in the present case the respondents must be held liable to pay compensation on the basis .....
Tag this Judgment!Court : Guwahati
..... agarwal that even if the snapping of drag link had taken place at the time of the accident, if the driver acted cautiously and carefully the vehicle could have been stopped by applying brakes. ..... 1, 50, 000/- in the present case, but as all the claims relating to the accident in question had not been disposed of (it may be pointed out that in the accident another person had also received injury whose claim was pending at the lime the appeal was preferred) it should not have been fastened with the liability of rs ..... the case of the owner of vehicle is that the accident had taken place not due to any rashness or negligence on the part of the driver but the same had occurred due to breaking of the drag link ..... the case of the claimants was that the accident was due to rashness and negligence on the part of the driver ..... to his ill luck the vehicle met with an accident at a place called patarkuchi within the jurisdiction of gauhati p.s ..... the first point to be determined is whether the accident was due to rashness or negligence on the part of the driver of the ..... mechanical defect was thus responsible for the accident, contends the owner of the vehicle ..... 1987 acj 872 (sc) (1987) 1 acc 262, according to which the liability of an insurer in case of an accident of a passenger travelling in a bus is limited. ..... 000/- when the present accident had taken place. ..... the learned motor accidents claims tribunal (mact), guwahati on being satisfied about the negligence on the part of the driver awarded a sum of .....
Tag this Judgment!Court : Guwahati
..... the learned tribunal after scanning the evidence on record came to the finding that the offending vehicle was driven in rash and negligent manner for which the accident occurred and out of the said accident, abdul ali sustained injuries and subsequently succumbed to his injuries. ..... it must be realised that the tribunal/court has to determine a fair amount of compensation awardable to the victim of an accident which must be proportionate to the injury caused. ..... there being no dispute relating to the insurance coverage, the insurance company shall deposit the balance amount payable in terms of this judgment, before the learned member, motor accident claims tribunal, kamrup at guwahati.18. ..... this appeal is directed against the judgment and award dated 6th may, 2002 passed by the member, motor accident claims tribunal, kamrup, guwahati in m.a.c. .....
Tag this Judgment!Court : Guwahati
..... the learned tribunal has not decided, in the impugned judgment, for whose fault the accident occurred or who was responsible to pay the compensation if any, for the damage caused to the vehicle. 9. ..... that the learned tribunal has taken the view that the appellant claimant failed to establish that its vehicle was duly insured and that the claimant being owner of the vehicle involved in the accident cannot be the authorized representative of any victims, the proceeding was thus dismissed. 8. ..... act and it was obligatory on the part of tribunal to determine for whose fault the accident occurred but no such endavour was made by the tribunal. 12. ..... a person whose own wrongful act, negligence or default caused the accident can made an application under section 163 a. ..... according to them after the accident the driver of axa 9268 fled away alongwith the vehicle and it was chased by the police. ..... 81/89, 79/89 and 80/89 have been disposed of by the learned member, motor accident claims tribunal, dhubri. 2. ..... due to said accident the driver of military vehicle died and the widow of the driver had filed separate claim case in mac no. ..... act the claimant has to prove for whose fault the accident occurred. ..... axa- 9268 was at fault and for his rash and negligent act the accident occurred. ..... the accident occurred when vehicle no. .....
Tag this Judgment!Court : Guwahati
Reported in : 2010ACJ86
..... , even if the prayer was a belated one or without specific pleading, the prayer should have been acceded to readily since the testimony of the driver would have thrown sufficient light as to the manner in which the accident had taken place; status of the deceased while travelling in the vehicle and also about the legality of his driving licence. ..... at the same time, the investigating officer has admitted in the cross-examination that when he visited the site of accident within 15/20 minutes, he found both the trucks in the middle of the road with signs of head-on collision. ..... shorn of details, the factual matrix giving rise to the filing of claim petition and passing of the impugned judgmnet are as follows:the accident took place on 1.10.2003 at a place known as lad umroi on the national hignway. ..... the claim application was subsequently amended in the month of july 2005 only to incorporate an information that the accident took place due to rash and negligent driving of truck no. ..... the judgment and award dated 10.8.2007 passed by the learned member, motor accidents claims tribunal, shillong in m.a.c. ..... fact that both the vehicles were found in the middle of the road with evidence of dashing each other are enough to hold that the drivers of both the vehicles were equally responsible for the accident.liability:12. ..... the accident took place early in teh morning at 7.30. ..... as 01-m 1929 had made any attempt to avert the accident. ..... , after more than one year of the accident. .....
Tag this Judgment!Court : Guwahati
..... nature specified in sub-section (1) of section 165 may be made ---- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided that where all the legal ..... ramabhai prabhatbhai 1987 sc 1690, it was held that, a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parents and child. 10. ..... moreover, they also denied that the accident took place due to any fault of the offending vehicle. ..... family brothers, sisters and brothers children and sometimes foster children live together and they are dependent upon the bread-winner of the family and if the bread winner is killed on account of motor vehicle accident, there is no justification to deny them compensation. 15. ..... learned tribunal held that the accident took place as truck driver drove the vehicle in excessive speed and in a rash and negligent manner. ..... challenging the judgment and award dated 3.7.2007 passed by learned member, motor accident claims tribunal, kamrup in mac case no. ..... 709 of 2004 seeking compensation on accident and death of their brother late lal bora in a motor accident occurred on 10.3.2004. .....
Tag this Judgment!Court : Guwahati
..... nature specified in sub-section (1) of section 165 may be made ---- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided that where all the legal ..... ramabhai prabhatbhai 1987 sc 1690, it was held that, a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parents and child. 10. ..... moreover, they also denied that the accident took place due to any fault of the offending vehicle. ..... family brothers, sisters and brothers children and sometimes foster children live together and they are dependent upon the bread-winner of the family and if the bread winner is killed on account of motor vehicle accident, there is no justification to deny them compensation. 15. ..... learned tribunal held that the accident took place as truck driver drove the vehicle in excessive speed and in a rash and negligent manner. ..... challenging the judgment and award dated 3.7.2007 passed by learned member, motor accident claims tribunal, kamrup in mac case no. ..... 709 of 2004 seeking compensation on accident and death of their brother late lal bora in a motor accident occurred on 10.3.2004. .....
Tag this Judgment!Court : Guwahati
..... from the evidence of dws 1 and 2, it appears that the driver had a valid licence atleast till 1993 and from the accident report submitted by the investigating officer (exhibit-1), it appears that the licence was valid upto 20th september, 2002. ..... firstly, if the driving licence was renewed till 20th september, 2002 from any other office of dto in the country, the noting of the investigating officer in the accident report to this justifies that the driver at the relevant time had a valid driving licence. ..... this appeal is directed against the award dated 17th december, 2003 passed by the learned member, motor accident claims tribunal, guwahati in m.a.c. ..... appellant insurance company submitted that the driver of the vehicle had no valid licence to drive the vehicle and, therefore, the insurance company is not liable to pay the compensation as ordered by the learned member, motor accident claims tribunal. ..... 8,40,460 as compensation to the claimants for death of prafulla borah, a havildar of special branch of assam police on 1st july, 2002 in a motor accident involving bus no. ..... the bus overturned on the roadside after hitting a tree and her husband died at the place of accident. ..... there was no renewal subsequent to the aforesaid date and, therefore, on the date of accident i.e. .....
Tag this Judgment!Court : Guwahati
..... petitions as well as the evidence adduced has submitted that since the claimants admittedly were gratuitous passengers in respect of the goods carrying vehicle, namely, the truck involved in the accident, the insurance company cannot be saddled with the responsibility of satisfying the award passed by tribunal, there being violation of the conditions of the insurance policy (exhibit-a). ..... 9% per annum from the date of filing the claim petitions till the date of payment, for the injuries sustained by the claimants/respondents in a motor accident occurred on 20th april, 1998 at about 5:00 pm involving the motor vehicle bearing registration no.amz-1169 (truck), in which the claimants were travelling as gratuitous passenger. 2. ..... these appeals, by the insurance company, are directed against the common award dated 7th october, 2002 passed by the learned member, motor accident claims tribunal, kamrup at guwahati in mac case no.272/1998 and mac case no.273/1998, awarding an amount of rs.78,000/- and rs.90,000/-, respectively, as compensation, inclusive of no fault award, with interest @ ..... inter alia that while they were travelling in the motor vehicle bearing registration no.amz-1169 (truck) on 20th april, 1998, which is a goods carrying vehicle, it met with an accident at about 5:00 pm at national highway no.37 near rina petrol pump (nelli), as a result of which, they have suffered bodily injuries, resulting in the permanent disablement. 3. .....
Tag this Judgment!Court : Guwahati
..... 1990 contending that the evidence on record would show that it was the driver of the vehicle ask 3905, bishnu mahanta, who drove the vehicle when the accident was caused and that the finding of the tribunal that the handyman, anil das, drove the vehicle was not justified on the material on record. mr. ..... is not necessary for me to go into the rival contentions of the parties on the factual question as to who drove the offending vehicle causing the accident in view of the law laid down by the apex court in the case of skandia insurance co. ..... filing of the case till realisation of award and further directed that since the handyman of the offending vehicle, anil das and not the driver drove the vehicle causing the accident, 50 per cent of the aforesaid award was to be recovered from the owner of the vehicle, md. ..... who was the conductor of the vehicle ask 9622 and submitted that pitambar baishya was the informant in the present case and had lodged an ejahar soon after the accident and that the learned tribunal correctly relied upon his version to come to the conclusion that anil das drove the offending vehicle when the accident took place.6. ..... directed against the judgment and award dated 20.7.1992 of the learned member, motor accidents claims tribunal, kamrup, guwahati, in m.a.c. ..... the appellant, in particular took me through the evidence of dharani deka, pw 2, the handyman of the vehicle ask 9622 who has stated that he saw bishnu mahanta driving the vehicle when the accident occurred. mr. .....
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