Court : Guwahati
..... section 166(2).every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain ..... by this writ petition, the petitioner, the dimapur bar association, has made a limited grievance to the effect that though they have welcome the establishment of 5(five) motor accident claims tribunals (for short, the 'tribunal') for 5 territories curving out within the state of nagaland to exercise territorial jurisdiction over the areas specifically demarcated therein vide notification dated 24.9.2003, the last paragraph of ..... tpt/mv-12 - in order to facilitate the maximum possible accessibility to the public to prefer motor accident related compensation claims within the budgetary support available and in the larger interest of public service, the governor of nagaland is pleased to order as under:(1) the appointment of mr. i. .....
Tag this Judgment!Court : Guwahati
..... 21,000/- taking into consideration the fact that the claimant who was on leave for about 74 months after the accident had been given full pay and half average pay for about two and half years with the result that he did not receive any pay for about three and half years ..... the great impact on the health of the appellant can be well imagined by the fact that though the accident took place on 5-10-67 he could join his service only on 1-12-73, which shows that for more than 6 years he could not regain sufficient strength to join his service, which was of claims inspector under the ..... ram chandra 1983 tac 447 in which the responsibility for the accident was placed equally on both the car and truck drivers and the awarded amount was apportioned equally between the two insurers this decision cannot really assist the respondents inasmuch as the ..... cannot be overlooked or ignored inasmuch as the same was sought due to 'continuous ill health and partial disability (caused in the motor accident on 5-10-87)' as stated in the letter of voluntary retirement a copy of which is filed before us. ..... side and one trying to overtake the other is a creation of the driver inasmuch as there is not even a whisper about it in the written statement filed on behalf of the state, in para 9 of which while describing the manner of accident mention has been made about one truck only. ..... to the claimant though before the accident he could drive his own car but after the accident he has been required to engage driver .....
Tag this Judgment!Court : Guwahati
..... 21,000/- taking into consideration the fact that the claimant who was on leave for about 74 months after the accident had been given full pay and half average pay for about two and half years with the result that he did not receive any pay for about three and ..... the great impact on the health of the appellant can be well imagined by the fact that though the accident took place on 5.10.1967 he could join his service only on 1.12.1973 which shows that for more than 6 years he could not regain sufficient strength to join his service which was of claims inspector ..... ram chandra rai 1983 acj 90 (gauhati), in which the responsibility for the accident was placed equally on both the car and truck drivers and the awarded amount was apportioned equally between the ..... cannot be overlooked or ignored inasmuch as the same was sought due to 'continuous ill health and partial disability caused in the motor accident on 5.10.1967' as stated in the letter of voluntary retirement a copy of which is filed before us. ..... and one trying to overtake the other is a creation of the driver inasmuch as there is not even a whisper about it in the written statement filed on behalf of the state, in para 9 of which while describing the manner of accident mention has been made about one truck only. ..... according to the claimant though before the accident he could drive his own car but after the accident he has been required to engage a ..... the learned member of the motor accidents claims tribunal has, however, awarded a sum .....
Tag this Judgment!Court : Guwahati
..... deb submitted that the learned court below did not commit any error in arriving at his conclusion that the deceased ajit gope died due to personal injury that was caused to the workman by accident arising out of and in the course of his employment though the learned commissioner fell into error in fixing the amount of compensation under section 4 of the act and awarding interest under section 4(a) of the ..... the claimants accordingly lodged their claim initially before the learned commissioner for workmen's compensation-cum- assistant labour commissioner, cachar, silchar, assam since the accident took place there and in due course the case was transferred under section 21(2) of the act to the learned commissioner, workmen's compensation, west tripura, agartala since both the claimants and ..... the insurance company in the appeal questioned the legitimacy of the award on the ground that in the instant case the personal injury was not caused by accident arising out of and in the course of employment of the deceased driver and accordingly, the learned commissioner fell into error in overlooking the provisions contained in section 3 ..... ac 190 the supreme court laid down the following principles: (1) there was an accident(2) the accident had a causal connection with the employment, and(3) the accident must have been suffered in course of employment.in the instant case, the claimants proved and established that the accident had a causal connection with the employment of the deceased workman. .....
Tag this Judgment!Court : Guwahati
..... & another (supra), the supreme court, while laying down the law that the amount of compensation payable on account of amendment act, 1995, could not be paid for the accident which had occurred prior to september 15, 1995, the supreme court did not interfere with the award impugned in the case keeping in view the peculiar facts and circumstances of the case. ..... by judgment dated december 7, 1998, the learned single judge while accepting the position that the amendment act, 1995, was not applicable to an accident which occurred earlier to the amendments, held that he was not inclined to interfere with the award because some more money should be available to the poor family of the workman and that there was no substantial ..... 1 will not be a precedent for other cases in view of the clear law laid down by the apex court as indicated above that for accidents which have taken place prior to september 15, 1995, the compensation payable by the amendments to the workmen's compensation act in the year 1995 were not applicable.8. ..... but in the present case we find from the judgment and award of the commissioner for workmen's compensation, kamrup, guwahati, that although the accident took place on july 22, 1992 and the appellant-insurance company was informed of the accident, the appellant-insurance company did not settle the claim and pay the compensation to the respondent no. .....
Tag this Judgment!Court : Guwahati
..... we have to give effect to the real purpose of the provision of law relating to the award of compensation in respect of the accident arising out of the use of the motor vehicles and cannot permit the insurer to give him right to defend or appeal on grounds not permitted by law by a backdoor method. ..... in the aid of power under articles 226/227, the statutory scheme should not be allowed to be defeated throwing the legal representatives of the deceased or the injured in the accident to a prolonged litigation totally at the instance of the insurance company. ..... any other interpretation will defeat the provision of sub-section (2) of section 149 of the act and throw the legal representatives of the deceased or the injured in the accident to unnecessary prolonged litigation at the instance of the insurer....3. mr. ..... 1 shows that usha devi and sumitra devi died in the accident in which the truck bearing no. ..... member, motor accidents claims tribunal, lakhimpur 1993 acj 828 (gauhati), held that no appeal lies at the instance of the insurance company questioning the quantum of compensation and appeal is maintainable only on the limited grounds specified in section 149(2) of ..... 2 is the accident information report submitted by the o.c. ..... dl 1g-a 4649 was involved in the accident. .....
Tag this Judgment!Court : Guwahati
..... (3) of section 166 as it was prior to 1994 amendment of the motor vehicles act, 1988 stood as follows:no application for such compensation shall be entertained unless it is made within 6 months of the occurrence of the accident:provided that the claims tribunal may entertain the application after the expiry of the said period of six months but not later than 12 months, if it is satisfied that the applicant was prevented by sufficient cause ..... forward a copy of the report to the claims tribunal having jurisdiction and the claims tribunal has further been enjoined that where a police officer files a copy of the report regarding accident to the claims tribunal under the act, the claims tribunal may if it thinks necessary so to do treat the report as if it were an application for compensation under the act. ..... sub-section (6) of section 158 of the act as it stood prior to 1994 amendment of the act provides that as soon as information regarding any accident involving death of or bodily injury to any person is recorded or a report under this section is completed by a police officer, the officer-in-charge of the police station shall forward a copy of the same also ..... sub-section (6) of section 158 after the amendment now stands as follows:(6) as soon as any information regarding any accident involving death of or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same .....
Tag this Judgment!Court : Guwahati
..... any general insurer is to indemnify the insured in respect of the claim arising out of the accident of death or bodily injury for all purpose as a whole. ..... amu-2783 belonged to the owner shri balen chandra kallta met with a disastrous accident while the wooden bridge over the river khorkhari broke down when the loaded truck was passing over the same and in the said accident pradip kumar talukdar who was serving as handy-man in the truck died in the accident which occurred on 7.3.86. ..... the accident occurred on 7.3.86 and in that year itself the insurance-surveyor shri purkayastha verified the documents required for settling the claim. .....
Tag this Judgment!Court : Guwahati
..... the conditions necessary for granting relief under section 92-a of the motor vehicles act have been prescribed by the supreme court in para 44 and they are as follows:(i) an accident has arisen out of the use of a motor vehicle;(ii) the said accident has resulted in permanent disablement of the person who is making the claim or death of the person whose legal representative is making the claim;(iii) the claim is made against the owner and ..... the andhra pradesh high court came to a finding that at the relevant time the motor vehicle was not being used, it was being stationed at the time when the accident occurred and it was held by the andhra pradesh high court that section 175 of the motor vehicles act shall not be a bar to oust the jurisdiction of the civil court and ultimately the ..... no doubt under section 115 of the code of civil procedure jurisdiction is available to this court to interfere with an appropriate order of the motor accidents claims tribunal as decided by the full bench of this court holding that the motor accidents claims tribunal is a court for the purpose of section 115 of the code of civil procedure, but we will have to see as to whether the impugned order requires interference at all even if it comply with clauses (a), (b), (c) of section 115 ..... the argument before the high court was that there is a bar in the civil court in matters of accident arising out of the motor vehicle and as such the suit is not maintainable and reliance was placed on state of madhya .....
Tag this Judgment!Court : Guwahati
..... he opined that there was suddeck dystrophy and chronic chest pain owing to the accident for which the workman became permanently disabled to the extent of 20% for which he lost 40% of ..... in course of cross examination gave suggestion that he did not sustain any injury during the accident or that he was not drawing salary of rs.4200/- from nani gopal goswami as cleaner. ..... impugned judgment and award, the wc commissioner without taking into consideration the provision of section-4 a of the act allowed interest at 12% from the date of the accident which according to the learned counsel is not permissible. ..... cross examination, he stated that he had advised the claimants to undergo x-ray after 21 days of the accident but the same is not available on record. ..... this means that prior to the accident, the workman/claimant was pursuing two occupations or he was capable of ..... of cross examination he states that prior to accident, he used to work as agricultural worker at ..... from the date of the accident which is in contravention of section-4(a) ..... he proved exhibit-1 accident information report, x-ray report as exhibit-2 and preliminary certificate ..... of accident till realization ..... cleaner in the vehicle and that he sustained injury on his person owing to motor vehicle accident held on 15.5.2002. ..... his evidence he has stated that injury sustained by him on the forelimb is on the right hand but there is nothing on the record to hold as to which part of the chest had been fractured because of the accident. .....
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