Judgment Search Results Home > Cases Phrase: accident Court: himachal pradesh Page 3 of about 3,052 results (0.020 seconds)

Sh. Beli Ram and National Insurance Company Ltd. Vs. Sh. Rajinder Kuma ...

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC12

..... (1-a) notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman in respect of an accident occurred outside india, the commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the workman in accordance with the ..... importantly in the reply to the claim petition the factum of gainful employment, the occurrence of the accident, the injuries sustained and the entitlement of the compensation was not disputed but, however, the defence taken was that the liability was that of the ..... half-monthly payment, as the case may be; and(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the ..... under the provisions of workmen's compensation act, the injured-claimant is entitled to get amount of medical expenses incurred for his treatment as a result of accident in addition to the amount payable to him under section 4 and 4-a of the act?4. ..... -where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from .....

Sh. Beant Singh Vs. Sh. Balwant Singh and ors.

Court : Himachal Pradesh

..... it is also not in dispute that shri beant singh sustained injuries in the said accident and undertook medical treatment both as an indoor and outdoor patient and suffered permanent disability to the extent of 50% of the whole body. ..... the claimant has filed the present petition seeking enhancement of the compensation awarded by the motor accident claims tribunal, una, in terms of award dated 1.7.2004, passed in mac petition ..... is well settled that in disablement cases compensation has always to be higher than even in cases of death since it is given to the living victim of the accident both for his personal loss and for economic loss. ..... the findings of the tribunal with regard to (i) the occurrence of the accident, (ii) negligence of the driver shri bal kishan, (iii) the vehicle in question being owned by shri balwant singh and (iv) insured with united india insurance company limited is not ..... due to this injury, there can be loss of earnings, completely or partial due to the accident on his capacity to earn the same. ..... is now a settled law that damages payable to the injured in an accident are divided into two parts. ..... is no doubt that, but for the accident, the claimant would have continued with his higher studies which, unfortunately he had to give up due to the accident in question. 22. ..... at the time of the accident the claimant was a student of 12th standard and had a monthly income ..... due to the accident claimant suffered injuries and incurred 50% permanent disability with regard to the .....

State of H.P. and ors. Vs. Laldei and ors.

Court : Himachal Pradesh

..... the learned tribunal came to the conclusion that the accident had occurred due to the negligence of the driver of the vehicle. ..... though no such defence was raised in the written statement, during the course of evidence it was sought to be proved that the accident occurred due to a sudden mechanical defect. ..... briefly stated, the facts of the case are that one shri khem singh died in an accident on 29.03.2003 while he was travelling in jeep no. ..... it will also be easier for the insurance companies to settle accident claims without delay. ..... it held as follows:in fatal accident action, the measure of damage is the pecuniary loss suffered and is likely to be suffered by each dependant as a result of the death. ..... in respect of the accident was lodged with the police on 29.3.2003. ..... the accident was not denied but it was stated that the vehicle was going for test after being repaired.3. ..... this does not mean ascertaining the number of years he would have lived or worked but for the accident. ..... as far as the issue of negligence is concerned, it would be appropriate to mention that no defence what-so-ever was raised in the written statement as to what was the cause of the accident. .....

Suman Lata Kuthiala and ors. Vs. Piyare Lal and ors.

Court : Himachal Pradesh

..... of 1999, which was filed by monica kuthiala, wherein it was alleged that she was traveling in the maruti car which met with the accident and she was shifted to pgi, suffered injuries, was operated upon and a rod was also put in her right arm besides bone grafting. ..... all the abovementioned claim petitions were consolidated by the learned motor accident claims tribunal (hereinafter referred to as the learned tribunal) on the orders passed by this ..... arun bhardwaj, assistant manager, national insurance company, has stated that as per their record, the insured owner of the truck had given them information that the truck at the time of the accident was being driven by madan lal son of shri atma ram. ..... learned tribunal has failed to appreciate that abha kuthiala had died in the accident and claim petition was preferred by her mother. ..... 1 is proved, whether the petitioners suffered injuries in the accident and is entitled to compensation, if so how much and from ..... 1.00 lac for her treatment and since the accident occurred due to the rash and negligent driving of ..... whether the accident took place due to rash or negligent driving of ..... not have been any proof for loss of earnings due to the injuries since abha kuthiala had died in the accident. ..... 1999, which was filed by suman kuthiala claiming compensation on account of the death of her daughter abha kuthiala in the said accident. ..... 1999, which was filed by suman lata kuthiala, for compensation for the injuries sustained by her in the said accident. .....

Smt. Gayatri Devi Vs. Tani Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1976HP75

..... dayatri devi, his daughter neelam and son papu filed a claim on may 3, 1968 before the motor accident claims tribunal under section 110-a of the motor vehicles act for compensation from the employers and the insurance company. ..... the motor vehicles act, as originally framed and subsequently amended, provided for the constitution of motor accident claims tribunals for adjudicating on claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles. ..... this is a claimants' first appeal directed against the order of the motor accident claims tribunal, kangra division dismissing their petition for compensation under section 110-a of the motor vehicles act, 1939.2. ..... the obligation of the employer to pay compensation under the act is determined by the mere circumstance that it was caused by an accident arising out of, and in the course of, his employment. ..... held that daya ram had died during the course of his employment and therefore the claim properly lay before the commissioner under the workmen's compensation act and not before the motor accident claims tribunal.3. ..... the statutory form prescribed by the punjab motor vehicles rules, applicable here, requires particulars in regard to 'the cause of accident'. ..... at talmehra, at about 6 o'clock in the morning, the truck met with an accident. .....

New India Assurance Company Vs. Neelam Kumari and ors.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC469

..... the term owner has not been defined in the act, however, the terms employer, workman have been defined in the act which were as follows on 9.11.1996 when the accident took place:'employer' includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on ..... assuming but not admitting deceased ram pal infact was engaged as driver by other co-owners and it is found that he died in the accident while driving the tractor, in that case also deceased ram pal being a co-owner of the tractor would not become a workman of other co-owners of the tractor under the act ..... ploughing of field of mansa ram by ram pal at the time of accident has not been connected with the trade or business of respondents no. ..... the licence ex.pg was issued on 8.11.1996, the accident took place-on 9.11.1996, the licence is valid for driving tractor, therefore, in these circumstances substantial question of law ..... has come on record that ram pal was ploughing the field of mansa ram through tractor when accident took place and he died. ..... is no evidence on record that tractor in question at the time of accident was being used by respondents no. ..... 000/- per month salary and he died in the accident while ploughing field on 9.11.1996. ..... and 6 at the time of accident and therefore, respondents no. ..... 5 and 6 at the time of accident in which he sustained multiple injuries and ultimately .....

National Insurance Company Ltd. Vs. Smt. Asha Devi and ors.

Court : Himachal Pradesh

..... surinder kumar filed a claim petition before the learned motor accident claims tribunal-i, sirmaur, district at nahan for the grant of compensation under section 166 of the motor vehicles act, 1988 (hereinafter referred to as the 'act').3. ..... the learned tribunal came to the conclusion that the accident occurred due to the negligence of the petitioner. ..... on the pleadings of the parties, the learned motor accident claims tribunal framed the following issues:1. ..... whether surender kumar died in accident on 21.5.2004 near village uttari caused by vehicle no. ..... hr-37-a-3532 met with an accident on 21st may, 2004. ..... in this case, the deceased was 27 years at the time of the accident. ..... specify the person or persons to whom the compensation is to be paid and at the same time, the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident. .....

National Insurance Company Ltd. Vs. Naresh Kumar and ors.,

Court : Himachal Pradesh

Reported in : 2008ACJ869,AIR2008HP49,2008(1)ShimLC182

..... been paid or not is not the concern of the third party who is concerned with the fact that there was a policy issued in respect of the vehicle involved in the accident and it is on the basis of this policy that the claim can be maintained by the third party against the insurer.8. ..... a number of claim petitions were filed and the learned tribunal held that the accident took place due to the rash and negligent driving of jagtu, driver of the truck which was ..... case were different from the earlier case as in this case at the time of accident the insurance company had not cancelled the policy of insurance. ..... purpose of this is that people who suffer in accidents are able to recover the amount of compensation from ..... i am of the view that even if the accident occurs after the cancellation of the policy, the insurance company cannot escape its liability in view of the law laid down in inderjit kaur's case wherein the accident had occurred after the letter of cancellation had been sent by ..... insurance company is that on the date of accident the truck was not insured with it. ..... four appeals are being disposed of since they arise out of the same accident and involve common questions of law. 2. ..... was insured on 8.11.1991 and met with an accident on same day at mid night. ..... if, on the date of accident, there was a policy of insurance in respect of the vehicle in question, the third party would have a claim against the insurance company and the owner of the vehicle would have to be indemnified in respect .....

United India Insurance Co. Ltd. Vs. Chander Prabha Bhatt and ors.

Court : Himachal Pradesh

Reported in : III(2005)ACC688,2005ACJ1972

..... the widow, two minor children and parents of the deceased filed the claim petition for grant of compensation alleging that the accident in question had occurred due to rash and negligent driving of dinesh kumar, driver. ..... the purpose clearly is that if any third party suffers damage due to an accident with a vehicle, it should be able to claim compensation from the insurance company ..... when the insured dies in the accident of his own insured vehicle, the insurance company is not required to cover such liability or to pay damages or compensation to such person or his heirs.11 ..... if the owner himself suffers an injury in an accident, he does not acquire any right to get compensation from the insurance company under the policy issued to him ..... the said truck met with an accident resulting in the death of the deceased owner vijay anand bhatt.3 ..... in view of the above discussion, i am of the view that the correct position in law is that the insurance company is not liable to pay compensation in a case where the owner/insured himself suffers injury or death in the accident. ..... liability of the insurance company is to indemnify the insured against the claim of a third party but not to pay compensation for injury or death of the insured-owner of a vehicle who died while driving the vehicle due to accident.'13. ..... shakuntala devi, : air1991all48 , dealing with the same question also took the view that the liability of the insurer only arises when the insured incurs any liability in respect of the accident. .....

Life Insurance Corporation of India Vs. Mrs. Shashi Sethi and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ2507,AIR2008HP67,2007(3)ShimLC335

..... the evidence clearly establishes that the death of the policy-holder was caused by the injuries sustained in the accident and not because of any disease or illness for which he may have suffered or which he may have required ..... that the death was caused either because of any disease suffered by the policy-holder or that the injuries caused in the accident acted as catalyst in aggravating any abnormality caused by any disease and consequently causing the death of the policy-holder. ..... metabolic abnormality afflicting the deceased policy-holder, the doctor would have detected at the time when the policy-holder was examined when the proposal was submitted or at the time of treatment after accident and in any event when the post-mortem was conducted. ..... that all the organs are normal except for the injuries received in the accident and which resulted in the death of the policy-holder. ..... -examination, he admits that the policy-holder had died be cause of injuries sustained in accident and not by natural causes or on account of any illness. ..... summary only records the injury sustained because of accident and no any other organic abnormality.7. p.w ..... that the death of the policy-holder occurred because of fatal injuries suffered in a road accident and not because of any of disease.6. p.w. 1 dr. r.l. ..... seth had died in scooter accident and not by natural death or on account ..... 2 and 3, met with an accident while driving his scooter on 24-4-1985 and as a result of the injuries sustained by him he died .....