Court : Guwahati
..... section 140 of the motor vehicles act, 1988 was in the nature of beneficial legislation enacted with the view to confer the benefit of expeditious payment of limited amount by way of compensation to the victims of an accident arising out of the use of the motor vehicle on the basis of no fault liability and while interpreting such a beneficial legislation the approach of the court should be to adopt a construction which advances the beneficial purpose ..... said report dated 7.1.1996, copy of which was also filed before the tribunal, clearly discloses that the cause of death of late baikuntha ghosh was the accident which had taken place on 31.12.1995 with the jeep registered as tr-03-1989; mr, bhowmik further submitted that a copy of the certificate of insurance granted by the ..... karumai ammal 1980 acj 435 (sc), wherein the apex court has deprecated the approach of the motor accidents claims tribunal in being technical and has held that accident tribunals must take special care to see that innocent victims do not suffer and drivers and owners do not escape liability merely because of, some ..... said jeep has not filed any objection before the tribunal disputing the fact that the death of late baikuntha ghosh was caused dub to accident with the jeep, bn the pleadings and materials on record it is clear that the death of baikuntha ghosh on 7.1.1996 was on account of road traffic accident with the said jeep and the tribunal should have straightaway allowed the no fault compensation of rs. .....
Tag this Judgment!Court : Guwahati
..... the object of the act is to compensate the workmen who sustained personal injury or the dependants of such workmen where death results from such injuries in an accident arising out of and in course of their employment and to achieve that object, provisions in the act have been made for special tribunal to deal cheaply and expeditiously with any dispute that may arise and ..... (supra) while dealing with the claim for compensation under the motor vehicles act, 1939 has held that where no salary certificate is produced nor employer was examined, claim as to the salary earned by the accident victim may be accepted, if there is no reason to doubt the testimony of the claimant and if such claim is reasonable and does not appear to be exaggerated.20. ..... section 4 of the act provides that where death results from the injury sustained by a workmen in an accident arising out of and in course of his employment, an amount of compensation equal to 50% of the monthly wages of the deceased workmen multiplied by relevant factor is awardable. ..... 1 herein) on receipt of the notice from the learned commissioner entered appearance and filed objection, admitting employment of the deceased as driver of the vehicle, the factum of the accident and also his death involving the vehicle arising out of and in course of his employment but has pleaded that the accident was due to negligent driving and the monthly salary/wages was rs. .....
Tag this Judgment!Court : Guwahati
..... jadavi keshabji modi : [1982]1scr860 it has been clearly ruled that the expression 'any one accident' in sub-section (2) of section 95 of the act is susceptible of two equally reasonable meanings ..... limit of seventy-five thousand rupees in one accident will mean accident to each individual who met with an accident and will not mean for the entire transaction of accident i.e. ..... the tribunal clearly found that the accident made the claimant permanently disabled and he has been unable to walk eract without the help of a stick not to speak of performing his ..... of the motor vehicles act, 1939, shortly 'the act', subject to the proviso to sub-section (1) of that act, a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely :(a) ... ..... 50,000/- for one accident, the tribunal erred in law in awarding more than this amount ..... appeals from the award dated 3-4-78 of the motor accident claims tribunal, nowgong in m.a.o. ..... accident met with by the bus itself, irrespective of the number of persons meeting with accidents ..... of the purpose of the act, it signifies as many accidents as number of persons injured in an accident. ..... one accident has to be understand from the point of view of each individual meeting with the accident. ..... the accident occurred as far back ..... 's liability is looked at from an objective point of view, the insurer's liability will extend to the maximum prescribed in case of each one of the persons who has met with one accident. .....
Tag this Judgment!Court : Guwahati
..... the learned tribunal has rightly held that it was an act of contributory negligence, inasmuch as, except this witness no other witnesses said anything about the accident and this pw-3, who is an eye witness could not say clearly as to which vehicle was actually in fault, whether the truck or the maruti ..... in the present case in hand, the owner of the vehicle who was driving the vehicle died of the motor accident has to indemnify himself by way of comprehensive policy, therefore, his legal representative would not be entitled to claim compensation from the insurance company which was covered under an ..... singh has further submitted that without determining the fault as to which vehicle is responsible for the accident and to what extent, the learned tribunal ought not to have apportioned the liability of the compensation, whereas evidence edduced by the parties would go to show that entire liability are liable to be paid by ..... on the other hand, the owner cum driver of the maruti car, who died in the accident, had an act policy only and not a comprehensive policy and therefore, as rightly held by the tribunal, that 50% of the awarded amount is to be paid ..... tribunal thus has rightly held that if one can get all the benefits arising out of an accident by effecting an act policy, nobody would prefer to have a comprehensive policy by paying more ..... the present case at hand the learned tribunal has held that the accident took place due to contributory negligence of the driver of the truck and .....
Tag this Judgment!Court : Guwahati
..... human rights unfolded by this case in the traditional mould it would have been enough to say that the present proceeding is not appropriate to do anything in the matter as the petitioner should have either approached the motor accident claims tribunal or the commissioner appointed under the workmen's compensation act which is the contention advanced by shri chaliha. ..... have mentioned about equality because compensation for the death of police personnel who had met their end in the same accident has apparently been paid, while denying the same to the dependants of the driver. ..... ignorance of the widow stood in her way to file a case either before the motor accident claims tribunal or commissioner appointed under the provisions of the workmen's compensation act. ..... , therefore, satisfied that the state is, in a case of the present nature, under a legal obligation to pay compensation to the dependants of a driver if he were to meet his end in an accident while driving the vehicle for the purpose for which it was requisitioned and the workmen's compensation act comes into force as the accident would be arising out or and in course of the employment. 5. ..... widow within her early 20s has knocked the door of this court through a public spirited lawyer to seek compensation, as far as money can, for the death of her driver-husband on 6-12-83 in a motor accident at janimatihdonge gaon under sibsagar police station. ..... in the accident four police personnel and the petitioner's husband met their death at .....
Tag this Judgment!Court : Guwahati
..... under section 95(2) of the motor vehicles act, 1939, shortly ' the act', subject to the proviso to sub-section (1) of that section, a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely : ' (b) where the vehicle is a vehicle in which passengers are carriedfor hire or reward or by reason of or in pursuance of a contract of employment,-- (i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand ..... jadavji keshavji modi, air 1981 sc 2059 ; [1982] 52 comp cas 454 (sc), it has been clearly ruled that the expression ' any one accident' in subsection (2) of section 95 of the act is susceptible of two equally reasonable meanings or interpretations. ..... therefore, the limit of seventy-five thousand rupees in one accident will mean accident to each individual who met with an accident and will not mean for the entire transaction of accident, i.e. ..... the tribunal clearly found that the accident made the claimant permanently disabled and he has been unable to walk erect without the help of a stick not to speak of performing his normal work. 4. ..... 50,000 for one accident, the tribunal erred in law in awarding more than this amount. 6. mr. k. ..... the insurer herein appeals from the award dated april 3, 1978, of the motor accidents claims tribunal, nowgong, in m.a.c. ..... in the context of the purpose of the act, it signifies as many accidents as the number of persons injured in an accident. .....
Tag this Judgment!Court : Guwahati
..... one fundamental principle of law of torts that would govern claims under the act arising in regard to fatal accidents is that what the claimant could obtain is based on pecuniary loss sustained by the claimant.the heirs of the deceased are not entitled to any compensation for pain or mental agony suffered by them on account of the death ..... is desirable that claimant furnishes particulars of the vehicle involved, the particulars of driver, owner and insurer of the vehicle, of the accident, of the injuries sustained, of cause of death, damages to property sustained, cause of the accident, and rashness or negligence of the driver or the owner et cetera. ..... she has no case that she was present at the time of the accident and on seeing the same suffered psychiatric illness on account of nervous shock ..... all controversial aspects including cause of accident, income and contribution having regard to the state bf suffering at the time of the accident and future prospects, position, status and circumstances of the victim at the time of the accident and future prospects thereof, circumstances relevant to fix the multiplier and compensation under various heads must be properly, ..... it is advisable to indicate the exact place in the road where the accident took place, for often that may help the invocation of the principle of res ipsa ..... is now well-settled that damages in common law can be awarded for nervous shock caused by the sight of an accident to a close relative like father or mother or child. .....
Tag this Judgment!Court : Guwahati
..... where a truck driver while driving a truck died because of a mishap not attributed to any one else, and despite admitted case of the legal heirs of the deceased truck driver that this accident did not occur on account of any rashness or negligence of anyone (because no other vehicle or no other person was involved in the causing of this mishap), the claim petition was nonetheless filed ..... have considered the various principles laid down by the hon'ble apex court in computing the net loss suffered by a family or even lives of the deceased in a motor accident like the instant case;(vi) the learned tribunal ought to have considered the age of attaining majority of the minor and whether after attaining the majority how long his dependency would continue ..... framed following two issues:(i) whether deceased debi prasad roy sustained injuries in a vehicular accident on 7.3.2004 due to rash and negligent driving of tr-01-3120 and succumbed to ..... preferred by the claimant-opposite parties under section 166 of the motor vehicles act in context of the death of debi prasad roy which took place in a road traffic accident occurred on 7.3.04 at about 0600 hours near tanti para on agartala-airport road by the commander jeep hearing no. ..... by the national insurance company, the petitioner herein, for exercising power of superintendence to set side the order dated 14.8.06 passed by the learned member, motor accident claims tribunal, west tripura, agartala (for short, learned tribunal) in ts (mac) no. .....
Tag this Judgment!Court : Guwahati
..... act 8 of 1923- the provisions of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the provisions shall, with necessary modifications, be deemed to form part of that act.147 requirement of polices and limits of liability ..... therefore, as the employer has to pay the compensation even in respect of injuries sustained which are not mentioned in the schedule 1 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 ..... limits its applicability to the 1923 act in a case where the liability arises despite the fact that the accident might have taken place without any fault on the part of the driver of the vehicle or others in control ..... high court, in the case of beti bai (supra) that disability and loss of earning capacity should be with reference to the job which the employee was doing at the time of accident and not that the said person is capable to perform any other work is not relied upon. ..... that in a proceeding where the right of the insurer to raise a defence is limited in terms of sub-section (2) of section 149, an appeal preferred by it against an award of the motor accidents claims tribunal must be confined or limited to that extent. .....
Tag this Judgment!Court : Guwahati
..... in a claim petition under section 166 of the act, the tribunal is expected to and must, determine a just amount of compensation awardable to the victim of an accident in accordance with the well-established principles of law and not according to its whims or guessworks. ..... under the circumstances, the findings of the tribunal concerning the factum of accident, the income as well as age of the deceased have attained finality. ..... whether due to the said accident deceased nepal chakraborty died? ..... in this appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to 'the act'), the appellants seek enhancement of the amount of compensation awarded by the learned member, motor accidents claims tribunal, court no. ..... on the premises of the pleadings of the parties, tribunal framed the following issues:(i) whether the deceased nepal chakraborty met with an accident on 25.12.1996 at about 8 to 8.15 a.m. ..... 2 is that no accident ever took place as alleged by the appellants and that the appellants were not entitled to any ..... in the accident, both the deceased and the rickshaw puller sustained grievous injuries, whereupon the deceased was immediately removed to the local hospital for treatment ..... and 3 were already adults at the time of the accident. ..... and 3, aged about 24 years and 31 years respectively at the time of the accident. ..... 01 -2081 was involved in the said accident? ..... , the said respondent did not deny that the offending vehicle was insured with them on the date of accident. .....
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