Court : Guwahati
..... the rival contentions set out above and appreciation of the materials on record we have no hesitation to agree with the findings of the learned trial court that the accident had occurred from the live-electric wire fallen from service main of the power line maintained by the appellant. ..... on behalf of the appellants that section 33 of the said act provides that the electrical inspector shall be the ' authority to inquire into any accident in connection with generation, transmission, supply or use of energy and such inquiry shall be initiated following notice of such occurrence to him.14. ..... been admitted that one bhuban sutradhar lodged an fir in the east agartala police station stating that an accident had taken place from unauthorised hook line drawn from the service-main claiming lives of four persons on ..... state and other official respondents their written statement bluntly denied any responsibility contending inter alia that no electrical accident had at all occurred on the date and time aforementioned and no electrical wire was lying on ..... submission of the learned state counsel that in view of the provision in section 2 of the fatal accidents act, 1855 the claimant parents are entitled to compensation for the loss of their son only. ..... advanced by learned counsel for the claimant-respondents is that the appellants have not adduced any evidence, oral or documentary, to substantiate their contention that the accident had occurred from unauthorized hook line drawn from service main. .....
Tag this Judgment!Court : Guwahati
..... happened before the commencement of the act of 1988, the ratio laid down by the hon'ble acpex court in mallawa (supra) would have squarely covered the case of the insurance company, but as the accident in the case in hand happened after the commencement of the act of 1988, the decision of mallawa (supra) is of no help rather the decision rendered by the hon'ble apex court in new india assurance company ..... the insurance company resisted the claim by filing written statement before the learned member, motor accident claims tribunal contending, inter alia, that the vehicle being a lorry had no legal authority to carry passengers and as such the claim petition was ..... the matter, i am of the considered opinion to hold that any vehicular accident happened/happens after the commencement of the motor vehicles act, 1988, gratuitous passengers or any passenger travelling in a lorry or any vehicle not authorised otherwise to carry passengers are also entitled to be compensated by the insurance company unless it is proved to the satisfaction of the learned tribunal that the accident occurred only due to carrying of the aforesaid gratuitous or unauthorised passengers. ..... , can be said to be a vehicle in which passengers are carried for hire or reward and the persons travelling in goods vehicles, whether owners of the goods or passengers on payment of fare or gratuitous passengers, who died in accident met with by such goods vehicle are not covered by proviso (ii) of section 95(1)(b) of the m.v. .....
Tag this Judgment!Court : Guwahati
..... learned tribunal held on the evidence adduced by the claimant that before the accident the boy was a regular football and cricket player of his school but after the accident his outdoor activities were impaired as he lost strength in his right leg. ..... as such from the conclusive findings that the scooter was involved in the accident it follows that it was driven by d.w, 1 devkinandan keyal who had a valid ..... we have also taken into consideration the evidence adduced by the doctor, the physical and mental sufferings and the consequence of the accident and find that the award of compensation made is just and proper.7. ..... as such, right from the time of the accident all were aware and informed that scooter no ..... it appears that immediately after the accident the claimant made enquiries as to the ownership of the scooter as well as its insurer and find out their ..... asz 1198 was involved in the accident, it was driven rashly and negligently and that ..... 16 years have rolled by since the accident but the case has not been finally ..... is an appeal by the insurer under section 110d of 'the act' against an award made by the member, motor accidents claims tribunal, kamrup at gauhati in m.a.c. ..... plea taken by the owner of the scooter was that it was never involved in the accident, as claimed by the claimant. ..... the claimant stated that he could learn immediately after the accident that scooter no. ..... , on the evidence adduced learned tribunal reached the conclusion that 'the scooter' caused the accident in question. .....
Tag this Judgment!Court : Guwahati
..... are somewhat taken aback to hear that no scheme has been prepared by the government to take care of the victims of such accidents : the first and foremost obligation is to provide all possible assistance .to the poor victims. ..... is no wrangle at the bar that the respondent was wrecked in the accident and he was entitled to damages for pecuniary loss and non-pecuniary loss. ..... not deposited by the appellant within two months from today, the appellant shall be liable to pay interest at the rate of 12% per annum from the date of the accident till the date of payment of the balance compensation on the amount. 11. ..... under the head 'loss of earning or profit from the date of accident till the date of trial', we find that the lame persons could not earn a single paisa from any ..... has been observed that in many states for want of judicial man power or other pathological causes the accident claim cases pend before the tribunal in heartless slowness. ..... if we take 200 days as working days in a year, the loss of earning from the date of accident till the date of conclusion of the trial comes to rs. ..... in such cases is generally considered under the following segments ; (a) reasonable expenses incurred for the injuries; (b) loss of earning or profits - (i) from the date of the accident till the date of trial; (ii) prospective loss. ..... lame person had to lodge his claim before the motor accident claims tribunal, 'the tribunal' for short. ..... the worst sufferers of such motor accident are the poor or the pedestrian .....
Tag this Judgment!Court : Guwahati
..... act or in any other law for the time 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, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation.-*** *** ***(2) *** *** ***(3) *** *** ***24. ..... in the case before me, i find that the insurance company did not adduce any evidence to show that the accident had taken place just because the truck was used to ferry a few crpf constables on an emergency duty and under exceptional ..... ex gratia payment can be made if there is natural death or death by suicide, serious illness, including even death by accident through train, air flight not involving motor vehicle and such payment would not be covered under the motor vehicles act.16. ..... however, where the employer insures his employee, as against injury or death arising out of an accident, any amount received out of such insurance on the happening of such incidence may be an amount liable for ..... (supra) their lordships have held that such pecuniary benefits, which does not necessarily relate to the vehicular accident and which is received by the family of the victim, cannot be deducted from the award. ..... 2006) 1 tac 535, to contend that if the offending vehicle is under requisition, at the time of accident, the owner and state are also severally liable to satisfy the award.10. .....
Tag this Judgment!Court : Guwahati
..... the learned tribunal also on the basis of the evidence on record has held that lalrinzuala was the driver and petea and thantluanga were the employees of the owner of the vehicle involved in the accident who were traveling in the said vehicle and since there was a insurance policy issued by insurance company appellant covering the risk of the driver and also covering the risk of 2(two) employees apart from ..... 25 and 38 are concerned the further submission of the learned counsel for the appellant is that the deceased being the gratuitous passenger in respect of the goods carrying vehicle involved in the accident and there being no policy of insurance issued by the insurance company covering the risk of such gratuitous passenger and the insurance policy issued by the insurance company being the policy covering the risk of the ..... the explanation of sub-section 1 of section 165 indicates that the expression 'claims for compensation in respect of accident involving the death or bodily injury to the person arising out of the use of the motor vehicles' includes claim for compensation under sections 140 and 163a, but it is nowhere provided that the amount of compensation is to be ..... it must be realized that the tribunal/court has to determine a fair amount of compensation awardable to the victim of an accident which must he proportionate to the injury caused the two english decisions to winch we have referred earlier provide the guidelines for assessing the loss occasioned to the victims. .....
Tag this Judgment!Court : Guwahati
..... ?these are the common issues for all the cases, but in the case of the injured claimants, the tribunal framed the following separate issues:whether the claimant sustained injuries as a result of the accident which occurred on 11-12-2004 of barik point, shillong and whether the injuries sustained has resulted in permanent disablement ?in the course of trial, the claimants/appellants examined themselves as their own witnesses apart from ..... santosh biswa and of causing grievous injuries to the other appellants; (ii) the involvement of the maruti van no, ml-05-c-2051 in that accident; (ii) the accident being caused by the rash and negligent driving of the driver concerned and (iv) the status of the deceased minor and other claimants that they were gratuitous passengers travelling in a private vehicle/van, ..... to file a separate suit but it may initiate a proceeding before the executing court as if the dispute between the owner and the insurer was the subject-matter of determination before the motor accident claims tribunal and the issue was decided against the owner and in favour of the insurer. ..... given to the owner of the offending vehicle to establish by documentary evidence that the policy of insurance held by him at the time of the accident was a comprehensive policy, or at least, covers gratuitous passengers like the deceased and the appellants. ..... since all the claim cases arose out of the same vehicular accident, the appeals were heard together and are being disposed of by this .....
Tag this Judgment!Court : Guwahati
..... 'therefore, the law is very clear as to that was intended by the legislature while enacting law under chapter x of the act and it is this that the victim of vehicular accident in case of suffering permanent disablement as well as dependants (legal representatives) of the person who died should be given immediate financial relief and what is 'permanent disablement' has been defined in section 142 of the act which ..... - for the purpose of this chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving :(a) permanent privation of the sight of either ear, or privation of any member or joint ; or(b) destruction or permanent impairing of the powers of any member or joint ; or(c) permanent disfiguration or the head ..... - (1) .........................................explanation : for the removal of doubts, it is hereby declared that the expression 'claims for compensation in respect of accident involving the death of or bodily injury to persons arising out of the use of motor vehicles' includes claims/or under section 140 and ..... 'therefore, any compensation granted on 'adjudicating upon the 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 third party, includes adjudication both on count of 'no .....
Tag this Judgment!Court : Guwahati
..... kailash nath kothari : air1997sc3444 where it was observed that in respect of awarding compensation in reference to an accident by a vehicle hired with driver, hirer at that time in actual possession and control of vehicle would fall within the definition of owner and would be vicariously liable to pay compensation for torts ..... instalments as lease rent to priyavart choudhury and all other expenditures and liabilities such as payment of wages of the driver and of assistants were to be borne by siddhartha saha on the day of accident the said vehicle was in actual possession and control of siddhartha saha i.e. ..... according to the appellant, if the vehicle in question was at all involved in the accident in question, the real owner of the vehicle, namely, siddhartha saha is liable ..... been preferred against the order dated 16.1.99 passed by the learned member, motor accident claims tribunal, west tripura, agartala (for short, 'learned tribunal') in ts ..... has however observed as below:(i) on the date of accident, the offending vehicle was not insured. ..... , materials on record, learned tribunal dealt with all the issues and has also ascertained the age of the deceased nagendra debnath as 44 years at the time of accident and, keeping in view his monthly income as rs. ..... in connection with the present accident there was a criminal case wherein the bail prayer was made by priyavart choudhury and the vehicle was released on furnishing bail bond filed by rajendra singh on behalf of priyavart choudhury.in .....
Tag this Judgment!Court : Guwahati
..... on the basis of the pleadings of the parties, the learned tribunal framed following issues:(1) whether shri shankar prasad dey was injured or permanently disabled in a motor accident on the agartala-udaipur road near 'jahar bridge' under west agartala police station on 31.5.1994 at about 6.00 hours? ..... choudhury, learned counsel for the writ petitioner/insurance company to the effect that since the accident was occurred prior to obtaining the insurance policy, the writ petitioner/insurance company is not liable to pay the awarded compensation to the claimant/respondent no. 1, mr. ..... the learned tribunal has come to the conclusion that at the relevant period of accident, the vehicle was insured with the national insurance company as because the claimant has proved the insurance policy in question, which was marked as exhibit-a. ..... 1 was injured, then also the liability to pay compensation for the alleged accident should be with the owner of the offending vehicle and not with the insurance company.7. ..... hence, even if in the proposal from time is mentioned after the time of accident then also the liability is with the insurer as because the 'agent' was acted on behalf of the insurance company/writ petitioner. ..... the tribunal did not decide the matter on that aspect, rather held that the insurer is liable to pay compensation as because the offending vehicle was insured at the relevant date and time of accident, though raised the aforesaid point before this court. .....
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