Judgment Search Results Home > Cases Phrase: accident Court: kerala Page 1 of about 23,562 results (0.080 seconds)

Oriental Insurance Co. Ltd. Vs. Shaju Joseph and ors.

Court : Kerala

Reported in : 2009ACJ2254

..... parliament intended to lay a comprehensive scheme for the purpose of grant of adequate compensation to a section of victims who would require the amount of compensation without fighting any protracted litigation for proving that accident occurred owing to negligence on the part of the driver of the motor vehicle or any other fault arising out of use of a motor vehicle.at para 46 the hon'ble supreme court held as ..... clause in terms whereof the owner of the motor vehicle or the authorised insurer is 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 ..... of the note appended to the said schedule the amount of compensation so arrived at in the case of fatal accident, the claim is to be reduced by one-third, in consideration of the expenses which the victim would have incurred ..... the tribunal need only look into the following questions; whether injury was sustained in an accident arising out of the use of motor vehicle of the respondent, the age of the accident victim and the percentage of permanent disability in case the injury is not fatal. ..... following compensation shall be payable in case of disability to the victim arising out of non-fatal accidents:loss of income, if any, for actual period of disablement not exceeding fifty-two weeks.plus either of the following:(a) in case of permanent total disablement the amount payable .....

Oriental Insurance Co. Ltd. Vs. Baby and ors.

Court : Kerala

Reported in : 2008(3)KLJ626

..... 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 authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out the use of motor vehicle, compensation, as indicated in the second schedule, the legal heirs or the victim, as the case may be.explanation. ..... a joint reading of sections would show that for death or permanent disablement suffered due to accident arising out of the use of motor vehicles, the claimants need not prove the wrongful act or neglect or default of anyone ..... in an application under section 163-a, it is the tribunal which has to adjudicatein case of fatal accident, amount is and come to the conclusion as to whichfixed and incase of negligence, multiplier will be applicable.multiplier is fixed on the basis of agegroup as stated in schedule ii a part ofsection.---------------------------------------------------------------------------------------7 ..... only evidence regarding the factum evidence regarding negligence, variousof accident and vehicle involved in other aspects regarding claim forthe accident, age of the motor compensation etc. ..... apart from that, here there is no proof that the accident occurred due to the contributory negligence of the claimant. ..... in that case, it was also proved that the accident occurred due to the negligence of the driver himself ..... : [2001]1scr8 awarded compensation where the accident occurred due to the bursting of tyres .....

Krishnadas, Irinjalakuda, Thrissur Dist. Vs. Henry Joseph, Viyyoor, Th ...

Court : Kerala

..... moreover in this claim we must note that both parents of the claimant/appellant had succumbed to injuries suffered in the same accident and we have awarded compensation to the claimant for the death of his father, reckoning his entire income as his own. ..... the fact that both spouses had suffered injuries and had succumbed to those injuries, in the same accident, cannot in any way detract against the applicability of clause 6(b). ..... notional income for compensation to those who had no income prior to accident: fatal and disability in non-fatal accidents: (a) non-earning persons-rs.15,000/- p.a. ..... second schedule appears to have taken into consideration not a case where both spouses die in the accident; but where one spouse survives. ..... he lost both his parents in a motor accident which took place on 24.08.2002. .....

K.P. Ali and anr. Vs. V. M. Madhavan and ors.

Court : Kerala

Reported in : I(1990)ACC202; 1990ACJ373

..... to the conclusion that as indicated by the bombay decision section 92-a is to be applied to all pending cases irrespective of the date on which the accident occurred, as the amendment act is a beneficial piece of legislation intended to give benefits to all victims who were involved in the accident due to no fault basis and to remove the mischief that people suffered the accident had to face, being sometimes unable to prove the negligence or rashness of the driver or owner of the vehicle. ..... ' counsel requested the court to consider the facts of the case in a sympathetic and humanitarian manner, considering the fact that a young doctor with promising career ahead of him died in the accident, he did not provide us any legal basis by which this court could help the dependants of the deceased. ..... r-2 inquest report and considering the evidence of rws 1 and 2 it is quite clear that the accident took place on the western side of the road, that is the wrong side for the motor cycle and the right side ..... aziz further contends that it is clear from the evidence that the accident took place in the course of the bus overtaking another bus and after hitting the motor cycle it dragged the motor cycle and the injured ..... he states is that the bus came at an uncontrollable speed and that the accident took place while the bus was overtaking another bus. ..... on the basis of the evidence available in this case can it be said that the accident was the direct result of the negligence of the bus driver. mr. .....

J.M. Jameela Ibrahim Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1994Ker377

..... the only question to be considered is whether the petitioner is entitled to get advocate fees in respect of the claim petition filed before the motor accident claims tribunal under clause 21 of rule 32 of the kerala government law officers (appointment and condition of service) and conduct of cases rules, 1978 which prescribes the remuneration of government ..... in the official gazette, constitute one or more motoraccident claims-tribunals (hereinafter referred to as claims tribunals) for such area asmay be specified in the notification for thepurpose of adjudicating upon claims forcompensation in respect of accident involvingthe death, of, or bodily injury to personsarising out of the use of motor vehicles, ordamages to any property of a third party soarising, or both. ..... she further contended that the rules do not specifically prescribe the fees for conducting cases before the motor accident claims tribunal and, therefore, the residuary clause in the rules alone is applicable in respect of fixation ..... 7621/b.3/86/law dated 1-8-1988 ordered that the advocates who are appearing before the motor accident claims tribunal and labour tribunals are entitled to get fees under item 17 of rule 32 of the kerala government, law officers ( ..... 7621/b3/86/law dated 1-8-1988 had ordered that the advocates who appear before the motor accident claims tribunal and labour tribunal are entitled to get fees as per item 17 of rule 32 of the kerala government law officers (appointment and conditions of service .....

Merchants Association Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT127; (2006)IILLJ985Ker

..... establishment shall be bound to engage or employ the headload workers registered under the rules or this scheme as the case may be and shall pay the additional welfare levy or penal contribution wherever necessary to the accident relief fund in respect of the headload workers registered as per this scheme in the manner specified by the board. ..... (3) the additional welfare levy amount received by the committee shall be transferred and credited to the accident relief fund to be maintained by the board, at the end of each month in the manner specified by the board,(4) failure to make contribution in time to the accident relief fund shall render the employer concerned liable to pay the compensation under the workmen's compensation act, 1923 (central act 8 of 1923) by himself as usual and the board or ..... powers and functions under section 14 read with rule 13 and paragraph 5 of the scheme is liable to be entrusted with the levy and administration of the accident relief fund as introduced by paragraph 29a of the scheme.thus there is no merit in the writ petitions and they are accordingly dismissed subject to the observations and clarifications regarding the administration of the accident relief fund and the respective duties of the committees and the board. ..... paragraph 29a(4) clearly provides that in case there is failure to make contribution in time to the accident relief fund, the de facto employer shall be liable to pay compensation under the workmen's compensation act in the event .....

Law Society of India Vs. Fertilizers and Chemicals Travancore Ltd. and ...

Court : Kerala

Reported in : AIR1994Ker308

..... a map of the site and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazard or risk associated with the site :-- (i) area likely to be affected by the major accident, (ii) population distribution in the vicinity, (b) a scale plan of the site showing the location and quantities of all significant inventories of the hazardous chemicals; (c) a description of the process or storage involving the hazardous chemicals and an indication of the ..... it shall be the duty of the concerned authority as identified in column 2 of schedule 5 to prepare and keep up-to-date an adequate off-site emergency plan detailing how emergencies relating to a possible major accident on that site will be dealt with and in preparing that plan the concerned authority shall consult the occupier, and such other persons as it may deem necessary. ..... concerned authority with such information relating to the industrial activity under his control as the concerned authority may require, including the nature, extent and likely effects off-site of possible major accidents and the authority shall provide the occupier with any information from the off-site emergency plan which relates to his duties under rule 13. ..... that if a leak could develop in an ice plant, which contains relatively a little ammonia, it is easy to imagine the magnitude of the accident that can occur from a massive storage tank that loads and unloads hundreds of tonnes of ammonia every day. .....

Simon Pathrose Vs. United India Insurance Co. Ltd. and anr.

Court : Kerala

Reported in : 1994ACJ840

..... therefore, i have no hesitation in holding that both the driver and conductor who are the servants of the first respondent owner are primarily liable for the accident as both of them were negligent in their conduct-the conductor in giving the bell before the claimant could enter the bus completely and the driver in driving the bus ..... the first respondent owner of the bus filed a written statement contending, interalia, that the petition is not maintainable; the occurrence of the accident alleged is not correct; the accident occurred due to sole negligence of the petitioner since the petitioner tried to enter into the moving bus and that the nature of the injuries alleged to be sustained by the appellant is not ..... a written statement contending, inter alia, that the vehicle was not covered by a valid insurance policy at the relevant time and that the owner failed to intimate the accident to the insurer as per the terms and conditions of the policy and that the first respondent was not the owner of the vehicle. ..... whether the driver is a necessary party to the proceedings, the next aspect to be considered is the question of negligence, namely, whether the accident as alleged by the claimant was caused by the rash and negligent conduct on the part of the driver or the conductor, as the case may ..... it so happens that in many cases the driver himself may die in the accident or he may die during the pendency of the proceedings or he may not appear at all even though he is arrayed as a .....

N.S. Jayanandan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1983Ker46

..... 47,000/-, he is prepared to pay the additional court-fee as and when called upon to do so.according to the plaintiff, the accident occurred due to the negligence of the 4th defendant, an employee of the 1st defendant-state of kerala and he is entitled to recover damages from all ..... careful consideration of the evidence in the case, we are satisfied that the 4th defendant was negligent and the accident took place as a result of the negligence of the 4th defendant in driving the police jeep klv 3065.6. ..... the 4th defendant being an employee of the 1st defendant the state of kerala, and the accident having taken place due to the negligence of the 4th defendant in the course of his employment, the 1st defendant is vicariously liable in damages to the plaintiff in the decision reported in northern india transporters insurance ..... the principal question for consideration is as to whether the plaintiff has proved that the accident was due to the negligence on the part of the 4th defendant in driving the vehicle ..... they were riding and sustained serious injuries, the court below has assumed that the plaintiff was riding his motor cycle at a high speed, and hence he could not avoid the accident by swerving his vehicle towards the east or applying brake to stop the vehicle. ..... road from north to south and the 4th defendant driving the police jeep along the side road on the east had entered the main road at the road junction when the accident took place in halsbury's laws of england, fourth edition, vol. .....

Official Liquidator and anr. Vs. K.S.E. Board and anr.

Court : Kerala

Reported in : I(1990)ACC627; 1990ACJ421; [1990]67CompCas577(Ker); [1990(60)FLR879]; (1990)IILLJ321Ker

..... he stated that he saw some spark at the top of the electric post at the time of the accident and saw something falling down from the post. ..... i hold that the respondents' negligence caused the accident and they are liable to compensate the second petitioner ..... where considerable hardship is caused to the second petitioner as the true cause of the accident is not known to him but is solely within the knowledge of the respondents, the petitioner can only prove the accident but cannot prove how it happened. ..... case the burden or onus of proof is on the respondent, who is expected to show as to how the accident might have occurred without his negligence. ..... of the case, i do not think that even in case the stay wire became live due to pure accident, the respondents can be exonerated from liability.13. ..... is that there is no negligence or wilful laches on the part of the board but, on the other hand, the second applicant himself has caused the accident by his 'impertinent' act.6. ..... since the accident took place by electric shock from the stay wire it has to be presumed, till the contrary is proved by positive evidence, that there was negligence on the part ..... filed on behalf of the respondents, it is stated that on getting information about the accident, immediately the assistant engineer went to the spot of the accident. ..... that no amount by way of compensation can be paid in this case, since compensation is payable as per the existing rules only to dependants of victims in cases of fatal accidents.4. .....