Court : Guwahati
..... on 25.10.2002, remit the case to the learned tribunal for deciding the claim petitions filed by the claimants after recording its finding as to whether the claimants suffered any bodily injuries in the said accident that occurred arising out of the use of the motor vehicle concerned, whether there was any negligence on the part of the driver/owner of the motor vehicle and also to which amount the ..... the learned counsel, therefore, submits that it is a fit case where this court may after setting aside the judgment and award passed by the learned member, motor accidents claims tribunal, dimapur remit the case to the learned tribunal for giving a fresh decision on the matter, more particularly, on the quantum of compensation payable to the ..... sub-section (2) of section 166 provides that such claim application can be filed either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose ..... the next ground on which the learned tribunal rejected the claim of the appellants is non-inspection of the vehicle involved in the accident as required under section 136 of the act, which provides that when any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the state government may, on production if so required by his authority inspect the vehicle and for that purpose may enter .....
Tag this Judgment!Court : Guwahati
..... principle of no-fault, which merges in the final award to be made on the basis of 'fault liability' in accordance with section 141, section 163a allows a victim of a motor vehicular accident to obtain a final award of compensation based on the structured formula contained in the 2nd schedule to the act and such compensation may be obtained without the claimant being required to plead or establish ..... the evidence given by the claimant's wife that they have four minor children, the claimant was a driver by profession and he was aged about 42 years at the time of accident, on 24.7.2000, have remained unshaken, it is in the evidence of the claimant's witness that the claimant suffered grievous injuries and was admitted at champhai civil hospital on 24.7.2000 and was discharged from ..... the part of the driver or 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 ..... a claim for compensation could have been made on the principle of 'no-fault', under section 92a, by a person, whose own wrongful act, neglect or default had been the cause of accident, one may take note of sub-section (4) of section 92a, which read thus:(4) a claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, .....
Tag this Judgment!Court : Guwahati
..... filing of claim applications by laying down, in sub-section (3) of section 166, thus:no application for such compensation shall be entertained unless it is made within six 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 twelve months, if it is satisfied that the applicant was prevent ..... freedom to institute the claim proceedings at dimapur and that the present claim proceedings were not barred by limitation and, further, there being no dispute with regard to the fact that the accident was the result of the fault on the part of the driver of the vehicle, in question, there was really no impediment in law, on the part of the learned tribunal, ..... has held that when sub-section (3) of section 166 has been omitted, the tribunal has to entertain a claim application without taking note of the date on which the accident had taken place and that a claim application cannot be thrown out on the ground that the claim application had become, under sub-section (3) of section 166, barred ..... have to be made available to the heirs of the deceased employee if the vehicle, which had caused the 'accident' and given rise to the claim for compensation, is of the government; but the amount, which is receivable by the heirs of such a deceased not because of the 'accident', but because of the death of the deceased, such as pension, pensionary benefits, insured amount, such amount(s) .....
Tag this Judgment!Court : Guwahati
..... i agreed as the damage was minor and i know shri tayer shakti from school days.while we were at the accident spot then inspector tage habung came there and i saw inspector tage habung was abusing the driver of fire station vehicle no ..... the enquiry officer incorrectly held the petitioner guilty of the charge despite the fact that the injured as well as the driver of the gypsy, which was involved in the accident, had stated clearly that they had not seen the petitioner assaulting h.c. k. ..... taggu and asked him to come to the place of accident immediately and, then, the petitioner left for his house as his friend was waiting at his ..... tage habung appeared at the spot of accident and assaulted the driver of vehicle no ..... the petitioner went to the place of accident and found the driver of the jeep, namely, hc ..... gohain asking him about the accident and also informing the petitioner that driver h.c. ..... , the petitioner, then, drove out his vehicle from the drain by using special gear and drove his vehicle to the place of the accident located at a distance of about fifty meters. ..... was driving the vehicle when i reached near abotani building my vehicle met an accident with one civil gypsy. ..... was mercilessly beaten by the petitioner at the very place of accident so much so that he had to be admitted in r.k. ..... , the same collided with a gypsy, the petitioner came to the place of accident and badly assaulted k. ..... they were returning from akash deep market, the vehicle met with an accident with one gypsy no. .....
Tag this Judgment!Court : Guwahati
..... appellant has not been able to dispel the strong inference that pradip chandra kalita who was driving the jeep and caused the accident was an employee or an agent of the appellant and for whose negligence the appellant was vicariously liable for compensation to the ..... an employee of the appellant, he could still be driving the vehicle at the time of the accident for the purpose of the appellant and it was, only the owner of the appellant firm and not his employee who could have stated before the tribunal that at the time of the accident pradip chandra kalita was not driving the vehicle for any purpose of the appellant, but the owner ..... talukdar, if this evidence of dw 1 is accepted and it is held that the driver who was driving the vehicle at the time of the accident was not an employee or servant of the appellant, there would be no vicarious liability of the appellant for the negligence of the driver and the impugned judgment and award for compensation against ..... the jeep and, therefore, he had to dispel the strong inference that pradip chandra kalita who was driving the jeep at the time of the accident was not an employee of the appellant or was not driving the jeep for the purpose f the appellant. ..... , this court passed orders on 12.7.1994 directing the appellant to produce the insurance policy of the vehicle for the period prior to and subsequent to the period during which the accident took place for the purpose of finding out if the vehicle was being insured with the respondent no. .....
Tag this Judgment!Court : Guwahati
..... october, 2002, remit the case to the learned tribunal for deciding the claim petitions filed by the claimants after recording its finding as to whether the claimants suffered any bodily injuries in the said accident occurred, arising out of the use of the motor vehicle concerned, whether there was any negligence on the part of the driver/owner of the motor vehicle and also to which amount the claimants ..... the learned counsel, therefore, submits that it is a fit case where this court may after setting aside the judgment and award passed by the learned member, motor accident claims tribunal, dimapur remit the case to the learned tribunal for giving a fresh decision on the matter, more particularly, on the quantum of compensation payable to the ..... sub-section (2) of section 166 provides that such claim application can be filed either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose ..... the next ground on which the learned tribunal rejected the claim of the appellants is non-inspection of the vehicle involved in the accident as required under section 136 of the act, which provides, that when any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the state government may, on production if so required by his authority inspect the vehicle and for that purpose may .....
Tag this Judgment!Court : Guwahati
..... this would also suggest that the driver of the ill-fated bus also did not himself see the coming train well in time when he could avoid the accident,' as regards the evidence of sanat kumar sarkar regarding the signal given by some persons from the opposite side of the railway line, the learned member of the tribunal has observed--'i am far ..... according to him, at first the deceased man's expectation of life has to be estimated having regard to his age, bodily health and the possibility of premature determination of his life by later accidents, secondly, the amount required for the future provision of his wife shall be estimated having regard to the amounts he used to spend on her during his lifetime, and other circumstances; thirdly, the ..... object of this group of sections is to supply a cheap and expeditious mode of enforcing liability arising out of claims for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use, of motor vehicles or damages to any property of a third party ..... according to him upon the evidence on record the learned member of the tribunal should have held that the accident took place as a result of gross negligence of the driver and he should have granted compensation, as prayed for, to both ..... it was also contended by him that at any rate the liability of the company for each person who died in the accident is limited to rupees 2,000/- only under the provisions of section 95 (2) of the act, as it stood at .....
Tag this Judgment!Court : Guwahati
..... loquitur' is rule of evidence whereby negligence of a wrong doer may be inferred from mere fact that accident happened provided the character of the accident and the circumstances attending it lead reasonably to believe that in absence of negligence it would not have ..... of the view that in the instant case the children boosted the family income, they were potential bread winners and by and under the standard fixed by the parliament in respect of motor accident and the notification issued by the government of india, ministry of railways just alluded to, the amount of compensation awarded @ rs. ..... similarly, we find that even where the railways are not negligent for the accident yet the claimant, in the event of death of a child aged between 5 to 12 years, is entitled ..... quantum of compensation the earnings of the deceased at the time of the accident and the amount which the deceased was spending for the dependents are the basic ..... lost her husband and infant child lost it's father in the accident due to the negligence of the truck driver of the appellants ..... 50,000/- in the event of death of a person arising out of a railway accident even where there is no fault of the railways, we are of the view that the amount of compensation determined and awarded by the learned tribunal to the poor widow of punai ..... find that the principle of 'no fault liability' to pay compensation in respect of death or disablement arising out of a motor accident has been incorporated in 'the act' and a fixed sum of rs. .....
Tag this Judgment!Court : Guwahati
..... the learned tribunal, as discussed above, has disbelieved this witness solely on the ground that the source of information relating to the bus number involved in the accident has not been disclosed, which in my considered view is not required to be disclosed in the charge sheet and maybe required at the time of trial of the criminal case. ..... the learned tribunal as noticed above, has disbelieved the witness on the ground that he did not report to the police or bus-counter about the accident and is not a witness in the police case, which in my considered opinion, cannot be the ground to disbelieve the positive statement of this witness, more so, when such evidence is corroborated by the evidences of cws-2, 3 and 4. ..... near darika bridge on national highway under sibsagar police station and giving details about how the accident occurred and also the name and address of the owner and the driver of the vehicle. ..... relating to the quantum of compensation to which the claimant is entitled to for the death of her husband in a motor accident occurred on 08.08.2001 arising out of the use of the aforesaid motor vehicle, it has been submitted by mr. ..... cw-4 was a traffic sub inspector attached to sibsagar police station, who filed the accident report and also deposed relating to the filing of charge sheet on 08.06.2002 against the driver of the vehicle bearing registration no. .....
Tag this Judgment!Court : Guwahati
..... any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. explanation -- for the purposes of this sub-section, 'permanent disability' ..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.9. a conjoint reading of the above two sub-sections of section 163 - ..... a shows that a victim or his heirs are entitled to claim from the owner/insurance company a compensation for death or permanent disablement suffered due to accident arising out of the use of the motor vehicle (emphasis supplied), without having to prove wrongful act or neglect or default of ..... in that case is that the owner of the vehicle claimed for the damage caused to his vehicle by the extremists and the question of accident due to rash and negligent driving the vehicle for which owner claim compensation did not arise in that .....
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