Court : Guwahati
..... the object and reasons of the amendment are as follows:under the existing section 110 powers to appoint persons to investigate and report on motor accidents have been given to state government out the officers so appointed are not empowered to adjudicate on the liability of the insurer or on the amount of damages, except at the express desire of the insurance company ..... this being the settled position of law, we are constrained to hold that when there is a bomb blast and the accident is caused due to bomb blast, it is not a case of any negligence on the part of the owner or the driver, but because of some other events over which the owner or the driver have no ..... in (1991) 2 glr 389 where the single judge of this court held that the amount of compensation for no fault liability shall be available in a accident due to bomb blast and the single judge further held that where there was a bomb blast as a result of which the accident took place it may be relevant for the purpose of determining the fault of the owner or driver. ..... the question which arises in these two cases are that whether a motqr accidents claims tribunal can pass an award with regard to injuries caused by bomb blast by terrorist ..... more holding that section 92-a was in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount by way of compensation to the victims of an accident arising out of the use of a motor vehicle on the basis of no fault liability. .....
Tag this Judgment!Court : Guwahati
..... 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 march 7, 1986. ..... 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. ..... the accident occurred on march 7, 1986 and in that year itself the insurance-surveyor shri a.k. .....
Tag this Judgment!Court : Guwahati
..... and conductor were bound to take extra care, which were found lacking in the case ; what on the other hand, the division bench held was that when there was a bomb, blast and the accident as caused due to bomb blast, it could not have been regarded as a case of negligence on the part of the owner or the driver of the vehicle inasmuch as such an incident of bomb ..... reached by the tribunal were impugned in an appeal and a division bench of this court held as follows-we are constrained to hold that when there is a bomb blast and the accident is caused due to bomb blast, it is not a case of any negligence on the part of the owner or the driver, but because of some other events over which the ..... is not moving and is stationary and the use of a vehicle does not cease on account of the vehicle having been rendered immobile on account of a breakdown or mechanical defect or accident, in the circumstances, it cannot be said that the petrol tanker was not in use at the time when it was lying on its side after the collision with the truck.14. ..... the death caused to her husband darshan singh, during the course of his employment in the accident arising out of use of the vehicle, the tribunal held the owner of the vehicle liable ..... act, the question of compensation would, undoubtedly, arise only when the death or injury is caused as a result of an accident arising out of rash and negligent use of the vehicle but, at the same time, it also needs to be borne in mind that the use of the vehicle does not .....
Tag this Judgment!Court : Guwahati
..... therefore, cannot be said by the insurance company that when it is statutorily and even contractually liable to reimburse the employer qua his statutory liability to pay compensation to the claimants in case of such motor accidents to his workmen, the interest on the principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the date it fell due, would not be a ..... therefore, as the employer has to pay the compensation even in respect of injuries sustained which are not mentioned in the schedule-i immediately after the accident the legislature thought it fit to confer on the medical practitioner the power to assess the loss of earning capacity also as that would serve the purpose of the act ..... consequently, the employer can not be absolved from payment of interest on the amount of compensation from the date of accident.29 in view of my reasoning, findings and observations given hereinbefore, the appeal stands dismissed and the cross-objection stands allowed, with the following modifications in the impugned judgment and award of the commissioner:(i) the ..... obvious that such an obligation of the employer would not arise under section 4a sub-section (2) if he totally disputes his liability to pay on grounds like the injured person being not his employee or that the accident was caused to him at a time when he was not in the course of employment or that the accident caused to him did not arise out of his employment.26. .....
Tag this Judgment!Court : Guwahati
..... the broad facts as pleaded in the claim petition relating to the involvement of the offending vehicle in the accident, to put otherwise, that the claimant was injured while he was travelling in the offending vehicle on 05.02.2002 ..... not be liable for paying compensation to the owner of the goods or his authorized representative on being carried in a goods vehicle when that vehicle meets with an accident and the owner of the goods or his representative dies or suffers any bodily injury. 21. ..... and making it compulsory for the insurer to insure even in case of a goods vehicle, the owner or his authorized representative being carried in a goods vehicle when that vehicle met with an accident and the owner of the goods or his representative either dies or suffers bodily injury. ..... that the insurance company will not be liable to pay any compensation to the gratuitous passenger being carried in a goods vehicle met with an accident and set aside the award passed against the insurance company.27. ..... from the aforesaid ratio of various decisions of the apex court regarding liability of the insurance company under the aforesaid contingencies by submitting that in the instant case the accident took place on 05.02.2002 but the new india assurance co. ..... whether the claiment - petitioner sustained injuries in a road traffic accident occurred on 05.02.2002 at about 15-30 hrs (ie, 3.30 pm) at baramura range, baramura assam-agartala road under jirania police station due to rash and negligent driving of .....
Tag this Judgment!Court : Guwahati
..... insurer will not be liable for paying compensation to the owner of the goods or his authorized representative on being carried in a goods vehicle when that vehicle meets with an accident and the owner of the goods or his representative dies or suffers any bodily injury.relying on the decision in the case of new india assurance co. ..... the broad facts as pleaded in the claim petition relating to the involvement of the offending vehicle in the accident, to put otherwise, that the claimant was injured while he was travelling in the offending vehicle on 5.2.2002 is ..... 147 and making it compulsory for the insurer to insure even in case of a goods vehicle, the owner or his authorised representative being carried in a goods vehicle when that vehicle met with an accident and the owner of the goods or his representative either dies or suffers bodily injury. ..... held that the insurance company will not be liable to pay any compensation to the gratuitous passenger being carried in a goods vehicle met with an accident and set aside the award passed against the insurance company.27. ..... case from the aforesaid ratio of various decisions of the apex court regarding liability of the insurance company under the aforesaid contingencies by submitting that in the instant case the accident took place on 5.2.2002 but the new india assurance co. ..... 35,00,000.00 for the injuries sustained by him on account of vehicular accident that took place at baramura on assam agartala road alleging rash and negligent driving .....
Tag this Judgment!Court : Guwahati
..... that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or(b) that there has been a breach of a specified condition ..... party thereto and to defend the action on any of the following grounds, namely:-(a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating ..... respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding (three) days; (b) in respect of any (injury, not resulting in death, caused by) an accident which is directly attributable to -(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed ..... (2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely:-(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities if any, arising under the .....
Tag this Judgment!Court : Guwahati
..... defeated on technical grounds, unless it is established on the materials or record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act.it is common knowledge in india that person because of lack of proper transport has to ..... it may be observed here that in the case before the supreme court, the accident had occurred in the year 1986 and the claim petition had also been filed in ..... insurance company, if a passenger or a person travels on the roof of the bus, which amounts to violation of the terms of the permit and when the accident occurred for such violation the insurance company is not liable. ..... , the apex court held that the insurance company could not escape liability on ground that at the relevant time when the accident occurred, the vehicle was being driven by an unauthorised person. ..... a claim petition before the mact, kamrup, guwahati in the year 1995 claiming compensation on account of the death of her husband, who died in an accident while he was travelling in a bus owned by respondent no. 3. ..... company that the company is not liable to pay any compensation, inasmuch as, there was violation of the terms of the insurance policy as the deceased was travelling on the roof of the bus when the accident occurred on account of which he died. .....
Tag this Judgment!Court : Guwahati
..... ' and 'duly licensed', if considered in their proper perspectives, would mean that even when a person who does not have an effective driving licence, drives a vehicle and commits an accident, then insurer would not be absolved from its liability inasmuch as the condition precedent for absolving him from the liability of indemnifying the insured is that the vehicle is driven by a person ..... the fact remains that the licence was eventually renewed and since the driver had not been disqualified from driving the vehicle, the mere fact that on the date of the accident there was no effective driving licence is immaterial and the same cannot be made a ground for sustaining the objection raised by the insurer appellant that the owner of the vehicle ..... as compensation on the basis of no fault liability, had the onus to prove in order to succeed in their applications made under section 166, that the said bus met with the accident on account of rash and negligent driving of the driver of the said bus and in the absence of any such evidence, the claimants-respondents could not have been granted any compensation whatsoever ..... is that in the face of the materials on record, the findings recorded by learned tribunal in the impugned award dated 21.12.2001, aforementioned, to the effect that there is no evidence that the accident took place due to the fault on the part of the driver of the said bus is, in the face of the materials on record, incorrect and that without even treating the applications which .....
Tag this Judgment!Court : Guwahati
..... learned counsel for appellant has submitted that though the vehicle was insured by the appellant insurance company, its liability will come only in the event it is an accident within the meaning of the act and in the instant cases as the incident occurred was not an accident, claimants are not entitled to any compensation under the act and, therefore, insurance company can maintain an appeal, though it has limited right to appeal on the ..... learned counsel has further submitted that as the right to file an appeal by the insurance company against the award passed by the learned motor accidents claims tribunal is limited to the grounds enumerated in sub-section (2) of section 149 of the act, the present appeals filed by the insurance company are not maintainable as the ground on which the insurance company is ..... debnath, the learned counsel for the appellant has submitted that the death of the passengers travelling in the vehicle in question was not an accident within the meaning of the act but was purely a murder and, therefore, the claimants are not entitled to any compensation for the death of such passengers and consequently the insurance company is not ..... -in-charge of jalukie police station was examined as dw 5 by the insurance company, who in his deposition has stated that after receiving the information he visited the site of the accident, which was between sericulture farm and kiyevi village and he found that 28 persons were killed by the miscreants by ambushing the vehicle. .....
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