Court : Kerala
Reported in : 1(1992)ACC621
..... the court held that 'where a joint application under section 110a for compensation, by a window and two minor children one of whom was a posthumous child was filed 13 months after the accident in which the deceased was killed, the application cannot be said to be barred by limitation', on the ground that both the minors suffered from a legal disability under section 6(1) of the limitation act ..... scheme of the enactment, particularly the statutory provisions in the part of the motor vehicles act which deals with compensation for injuries sustained in a motor accident comprehends a scheme which deserves a generous bountiful and open handed construction and consideration by the court. ..... case where compensation is sought on account of some injury or death occasioned by a motor accident, what is provided under the act is an application before the tribunal. ..... motor vehicles act (hereinafter referred to as 'the act') mandates that an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 of the act shall not be entertained unless it is made within six months of the occurrence of the accident. ..... application before the motor accidents claims tribunals for compensation for the injuries he sustained in a motor accident. ..... of finding the exact implication of the presentation an application under section 110a of the motor vehicles act would not justify the bene ficient object manifested in the provisions of the act regarding accidents claim. .....
Tag this Judgment!Court : Kerala
Reported in : 1997ACJ264; [1997(75)FLR663]; (1998)IIILLJ1044Ker
..... it was held that even though the policy was issued on june 30, 1969, since, the accident had happened on april 5, 1970, after the amendment had come into force, the amended provisions of section 95(2) shall be ..... provisions of section 140 of motor vehicles act, 1988, in 1996(2) klt695 (fb) (supra), this court also took the same view, namely, that the liability to pay compensation accrued on the date on the date of the accident and that the law as on the date of the accident shall be applied on computing the quantum of compensation.9. ..... is contended that the liability of the employer to pay compensation under section 3 of the act arose as soon as the workman sustained the injury in an accident arising out of and in the course of his employment. ..... and 4a of workmen's compensation (amendment) act, 1955 would be applicable only in respect of the claims put forward on the basis of accidents which had happened on or after september 15, 1995. ..... according to the appellant, since the accident had happened before september 15, 1995, namely, the date on which the amendment came into force, the claimants are entitled to compensation only in accordance with the unamended provisions of sections 4 ..... hold that the benefit of sub-section (4) of section 4(b) can be granted only in respect of claims arising out of the accident happened on or after september 15, 1995.10. ..... of respondents 1 and 2, who was a workman under the third respondent, died as a result of the accident which happened on march 16, 1994. .....
Tag this Judgment!Court : Kerala
Reported in : IV(2005)ACC463; 2006ACJ1520; [2006(108)FLR184]; 2005(4)KLT334; (2006)ILLJ320Ker
..... (8) 'employment injury' means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of india;'therefore, in order to claim dependents benefit, one has to prove that (i) the deceased was an insured employee; (ii) claimants ..... here, medical evidence is very clear that the accident has no connection with the employment and in the certificates, the doctors very clearly stated that he died due to advanced liver disease and it has no connection with his employment ..... is also a rebuttable presumption that if an accident occurred during the course of employment it is ..... are dependants; (iii) the injury occurred during the course of employment; and (iv) the injury should occur due to occupational disease or an accident arising out of employment. ..... presumption as to accident arising in course of employment:-- for the purposes of this act, an accident arising in the course of an insured person's employment shall be presumed, in the absence of evidence to the contrary, also to .....
Tag this Judgment!Court : Kerala
Reported in : 2000ACJ651; AIR2000Ker91
..... amount of compensation payable under section 124 (or section 124-a) pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependent of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates ..... 1659, even though a contention was raised that the provisions of section 123(c) of the railways act, 1989 cannot have any application to an accident happened on 3rd january, 1981, as the above provision has not been given retrospective effect, the apex court did not go into that question and ..... 1989 provides for liability of railway administration for loss occasioned by the death of a passenger, dying as a result of the railway accident, and for personal injury and loss, of property whether or not there has been any wrongful act, neglect or default on the part ..... that arises in all these appeals is whether in respect of death happened or injury sustained before the railway accidents and untoward incidents (compensation) amendment rules, 1997 came into force the enhanced rate of compensation under the amended ..... the common question to be considered in these appeals is whether while fixing the liability of the railway administration in respect of an accident or untoward incident occurred before 1-11-1997 enhanced compensation provided by the amendment can be made applicable, only for the reason that the adjudication .....
Tag this Judgment!Court : Kerala
Reported in : (2000)ILLJ771Ker
..... provisions are given effect to in the matter of awarding enhanced compensation even with regard to the accident which occurred prior to september 15, 1995, that will affect the existing rights and obligations of the ..... 4-a of the workmen's compensation act, 1923, as amended by act of 30 of 1995, enhancing the amount of compensation and rate of interest be not applicable to claims originated in respect of death or permanent total disablement of workman resulting from accidents which occurred prior to september 15, 1995, the date on which the amended provisions came into effect.29. ..... klt 308, a full bench of this court held that since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the state of the law obtaining at the time of the accident for determining the extent of the insurer's liability under a statutory policy. ..... as to whether sections 4 and 4-a of the workmen's compensation act, 1923, as amended by act 30 of 1995, enhancing the amount of compensation and rate of interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to september 15, 1995, the date on which the amended provisions came into force.2. ..... became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. .....
Tag this Judgment!Court : Kerala
Reported in : II(2004)ACC134; 2004ACJ1858; 2004(1)KLT663
..... after considering the totality of evidence of eye witnesses, the tribunal found that the accident happened because of 70% negligence on the part of the driver of the autorickshaw and 30% negligence on the part of the driver ..... to pw4, the autorickshaw was overtaking mrl bus at the time of accident and for that purpose it was brought to the right side of the ..... a clear finding that insured was negligent and insured is liable for 70% negligence, non-impleading of the legal representative of the insured who died in the same accident will not be fatal in the claim made against the insurance company. ..... according to pw12, who is stated to be an independent witness who saw the accident, autorickshaw was coming from east to west and the ksrtc bus was proceeding from ..... the scene mahazar would not show the exact way in which the accident occurred, the tribunal found that the ksrtc bus driver cannot be exonerated as more than 1 1/2 metres space was available between the northern tar end and the bus and that he could have avoided atleast seriousness of the accident by keeping the edge of the northern side. ..... despite the averments in the claim petition that the accident happened due to the sole negligence of the ksrtc bus driver, the evidence shows ..... that mrl bus was parked on the southern side of the road at the time of accident and autorickshaw was trying to overtake the said bus. ..... examination she stated that she did not remember whether the accident took place when autorickshaw was overtaking mrl bus. .....
Tag this Judgment!Court : Kerala
Reported in : 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951
..... provisions are given effect to in the matter of awarding enhanced compensation even with regard to the accident which occurred prior to september 15, 1995, that will affect the existing rights and obligations of the ..... and 4-a of workmen's compensation act, 1923, as amended by act 30 of 1995, enhancing the amount of compensation and rate of interest be not applicable to claim originated in respect of death or permanent total disablement of workman resulting from accidents which occurred prior to september 15, 1995, the date on which the amended provisions came into effect.29. ..... klt 308, a full bench of this court held that since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the state of the law obtaining at the time of the accident for determining the extent of the insurer's liability under a statutory policy. ..... as to whether sections 4 and 4-a of the workmen's compensation act, 1923, as amended by act 30 of 1995, enhancing the amount of compensation and rate of interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to september 15, 1995, the date on which the amendment provisions came into force.2. ..... became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker54
..... within the state which is not within the limits of any local authority -- that there is now in this state no place which does not fall within the limits of one local authority or other, at least so it is said, is an accident that does not affect the reasoning) would have to pay tax to each of them on the income earned therein, a person who resides within the limits of a local authority and exercises a profession within the limits ..... it would appear that it was this accident of the same person being the object of the tax in both cases that focussed the attention of the bench that heard 1968 ker lt 252 to the anomalies that would follow on what it thought was the .....
Tag this Judgment!Court : Kerala
Reported in : II(1988)ACC584; AIR1989Ker95
..... establish, negligence on the part of the owner or driver of the vehicle before claiming compensation for the death or permanent disablement caused on account of a motor vehicle accident and to that extent substantive law of the country stood modified the question whether section 92-a has retrospective effect was not considered in this decision.11. ..... 700/- per mensem to his family, that he was only 34 years old at the time of his death, that but for the accident he would have lived at least up to 70 years and that the death of the deceased caused very serious pain, mental agony and suffering to the petitioners ..... was to give a quick relief to the victims of motor vehicle accidents or to their families on the principle of no fault and that in that sense, 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 who suffered the accident had to face, being sometimes unable to prove the negligence or rashness ..... found on the basis of the averments in the petition and the facts proved in the case that the accident took place as a result of wrongful act of simon and the driver of the bus could not be ..... though the counsel for the appellant vehemently contended that the accident occurred as a result of rash and negligent driving of the driver of the kerala state road transport corporation bus, we are unable to agree with the submission of the learned counsel .....
Tag this Judgment!Court : Kerala
Reported in : I(1992)ACC50; 1992ACJ151; AIR1992Ker230
..... a consideration of the evidence tendered on the side of the plaintiffs, the rules to be followed by the railway officials and the decisions relied on by the appellants the only conclusion possible is that the accident occurred on account of the negligence on the part of the railway servants and that there wasno negligence on the part of the deceased. ..... disclaimed liability for the reason that there was no negligence on the part of railway employees and that the accident happened only due to negligence and carelessness on the part of the deceased.3. ..... first plaintiff was aged only 37 at the time of the accident and in the normal course he would live for another 30 ..... court below was therefore wrong in finding that the accident had occurred due to the negligence of the deceased. ..... plaintiff who was travelling in the same train and who alighted first had spoken about the circumstances in which the accident occurred and his wife and child died. as p.w. ..... a passenger sustains injury while boarding the train or getting out of the train, it cannot be said that an accident has occurred to the train or part of the train. ..... the train stopped at the station for about 10 minutes after the accident appears to be true in the circumstances. ..... it is further alleged that the accident occurred due to the negligence on the part of the employees of the ..... since the accident had happened immediately after it began to move, there is every possibility of the station master, the guard and other employees witnessing .....
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