Judgment Search Results Home > Cases Phrase: accident Court: kerala Page 7 of about 23,562 results (0.021 seconds)

United India Insurance Company Limited Vs. P.N. Thomas and ors.

Court : Kerala

Reported in : 2000ACJ536

..... the said section provides that the constitution of the claims tribunal shall be for the purpose of adjudicating upon claims for compensation in respect of the accidents involving the death of or bodily injury to persons arising out of the use of the motor vehicles or damages to any property of a third party so arising or both. ..... vatschala uttam more, (1991) 3 scc 530 : (air 1991 sc 1769) it was no longer res integra that compensation for any accident occurring as a result of the use of a motor vehicle was to be claimed before the motor accidents claims tribunal as per section 165 read with section 175 of the motor vehicles act, 1988 (hereinafter referred to as 'the act'). ..... 'the cause of action for the suit arose on 24-6-1993, whereon the phenol carrying tanker lorry met with the accident resulting in the personal injury as well as loss to the property of the plaintiff, and also on 3-2-1996, whereon, the 6th defendant was served with the notice under s. ..... if this is the case in respect of claim for 'damage to property' itself, it is only reasonable to hold that claim for damages which may result from the accident, even though it cannot be termed as 'damage to property' have to be decided only by a civil court and not by the tribunal. ..... saradamma, 1987 acc cj 926 : (air 1989 ker 23) while dealing with a claim for damages caused to one of the buses involved in an accident observed to the effect that direct damage to property alone was taken by the words 'damage to the property'. .....

A. Parvathi Amma Vs. K.M. Gowri Amma and Others

Court : Kerala

..... in o.p(mv) no.932 of 1998 of motor accident claims tribunal a certain amount was awarded as compensation for his death. ..... they had a brother by name narayanan, who while working as a sub engineer in kerala state electricity board, died in a motor accident on 24.02.1998. .....

Mathen Mathai Vs. General Manager, K.S.R.T.C. and ors.

Court : Kerala

Reported in : 1990ACJ73; AIR1990Ker92

..... and the state insurance officer denied rashness or negligence on the part of the driver of the bus and alleged that the accident occurred because appellant was walking without caring for his own safety and crossed the road negligently. ..... we hold that even in the absence of scene mahazar there is sufficient evidence to arrive at the conclusion that the accident occurred on account of the rash and negligent driving of the bus.11, the tribunal fixed the compensation due at rs ..... tribunal, alleppey seeking compensation on account of the injuries sustained by him in a motor vehicle accident on the allegation that the accident occurred on account of the rash and negligent driving of the motor vehicle, namely, k.s.r.t.c ..... the specific case put forward in the counter was that the accident took place because the injured was walking without taking care for his own safety and crossed the road ..... did not put forward a case that at the time of the accident bus was stationary or that another bus has come from the opposite side ..... next argument relates to the finding of the tribunal that the claimant failed to prove that the accident occurred on account of the rash and negligent driving of the bus. ..... in the case of a person who is disabled on account of the accident or is even otherwise disabled it is imperative that his claim must be prosecuted before the tribunal; for that the tribunal is at liberty to devise appropriate ..... state government have framed the kerala motor accidents claims tribunal rules 1977. .....

The Kerala State Electricity Board, Trivandrum Vs. Suresh Kumar

Court : Kerala

Reported in : AIR1986Ker72

..... it is true that one of his amis happened to be amputated and he is having incapacity to that extent the lowering of the wire which resulted in the accident was not due to any negligence on the part of the defendant or its officials, but due to sabotage which was beyond the control or knowledge of the defendant. ..... before parting with this case we deem it our duty to express our displeasure at the callous attitude of the defendant k.s.e beard m'taking up the defence that it was due to the negligence of the minor plaintiff that the accident occurred m not having taken sufficient care and caution against possible sabotage by the striking employees of the board the k.s.e. ..... supporters have caused the sabotage.the defendant's case is that the employeeshad gone on strike from 4-5-1978, that theywere engaged in sabotaging the electric linesand that the sagging of the electric line whichcaused the accident was the result of theseactivities of the- employees and their supportersand so the board is not liable to pay anydamages to the plaintiff. ..... as a result of this accident he lost one arm and ugly scars are left on his body. ..... as a result of the accident the minor plaintiff suffered severe shock and burns. ..... the accident in the case was the result of the minor plaintiffs own negligence for which the defendant cannot be held liable. ..... line properly and not taking necessary' precautions and other steps which they arc legally bound to rake has caused the accident. .....

Chandramathi Vs. Employees State Insurance Corporation

Court : Kerala

Reported in : II(2004)ACC401; 2004ACJ155; 2003(2)KLT988; (2003)IIILLJ1122Ker

..... it is admitted by the respondent that late purushothaman fell down from his bicycle on 27th february, 1989, but according to the respondent, the accident occurred while he was crossing one road to another, the wheel of the bicycle fell into a pit and sustained injury. ..... purushothaman who had approached the court for grant of compensation on account of the accident and death of the said purushothaman in the course of his employment. ..... two most important limbs for the application of section 3 are that the accident should arise out of and in the course of his employment. ..... if the nature of the work and the hours of work caused great strain to the employee and that strain caused the unexpected death it can be said that the workman died as a result of an accident which has arisen in the course of his employment. ..... but the case of the appellants is that the accident has arisen out of and in the course of the employment and there is casual connection between the employment injury and the death ..... bearing this principle in mind, the expression accident found in sub-section (1) of section 3 of the act has to be understood as meaning a mishap or untoward event not expected or designed ..... on 27th february, 1989 late purushothaman had an accident fall from his bicycle and sustained some external injuries ..... the term 'arising out of and 'in the course of the employment' has to be understood conveying the meaning that the particular cause that resulted in the accident was created or caused by the employment. .....

Philippose Cherian and anr. Vs. T.A. Edward Lobo and anr.

Court : Kerala

Reported in : 1991ACJ634

..... the claim was resisted, inter alia, on the ground that the accident happened due to the negligence of the deceased cyclist, the claims tribunal accepted the said contention and dismissed ..... this seems to be only one of the many cases in which motor accidents claims tribunals rely on the entries made in scene mahazars prepared by the police without examining their authors ..... did not rely on the testimony of pw 3 who said that the accident happened due to the negligence of the driver of the bus. ..... to understand as to how the claims tribunal could have found from the scene mahazar that the accident happened on the proper side for the bus. ..... question involved in this appeal is whether the accident occurred due to the negligence in driving the bus ..... rw 2 has admitted without any ambiguity that the accident happened on the northern side of the road. ..... we noticed that the place of accident was on the northern portion of ..... on the owner and driver of a stage carriage bus klk 7221 for compensation arising from death of a young man in a motor accident was dismissed by the motor accidents claims tribunal. ..... as we found that the accident occurred on account of negligence of the bus driver, we hold that the driver as well as the bus owner are liable to ..... in short, are these: the accident happened on 18.9.1982 around 2 p.m ..... decide whether the bus was driven negligently, the safe test which can be made in this case is to ascertain the spot (whether north or south of the road) where the accident happened. .....

Kumari Baby Alias Lathika Vs. C.C. Appu and ors.

Court : Kerala

Reported in : 1994ACJ360

..... 1 and 2 though denied their liability, the tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the bus by the 2nd respondent ..... on the way the bus hit a standing tree and due to the impact of the accident the claimant suffered a compound fracture on her left tibia and a crush injury on her left palm besides a compound fracture on the left leg and injuries on the head and other pails of the ..... after considering the evidence, the tribunal came to the conclusion that the accident happened due to the negligent driving of the bus and held that the claimant is entitled to reasonable ..... have also taken note of the fact that she was a girl aged 17 years at that time and by the accident the prospects of her getting a good marriage alliance are also doubtful. ..... pw 4 is the doctor who has also certified that the impact of the accident is as spoken to by pw 1 and that whatever treatment the claimant takes, there will be a permanent disablement to her hand and ..... she was a college student aged 17 years on the date of the accident and was returning from college in a bus klh 2016 owned by the 1st respondent and driven by the 2nd ..... 1 is the claimant and she has given evidence that she was a college student and that the accident happened while she was returning from the college. ..... it has come out in evidence that due to the accident the claimant suffered a compound fracture on her left tibia, a crush injury on the left palm and also a compound fracture on the left .....

United India Insurance Company Limited Vs. Gopinathan

Court : Kerala

Reported in : II(1990)ACC383

..... 897 was cited in support of the contention that a policy issue deven after the time of accident will be good enough to cover the liability of the insured if the policy was issued on the ..... of the fiat car has no case in the written statement that the fact of accident was conveyed to the company when the policy was taken. ..... little doubt that if a vehicle owner discloses the fact, while laking the insurance policy that the vehicle was involved in an accident which happened on the same day, on insurer would agree to cover that accident also, except perhaps on payment of a much larger premium. ..... was made on behalf of the owner of the car for one more opportunity to give evidence to establish that the accident was disclosed to the insurer before issuing the policy. ..... is mentioned in their written statement whether the accident was disclosed to the insurer or not ext. ..... for the appellant contended that the branch manager was not examined because the owner has not adopted a contention in the written statement that the accident was disclosed to the insurance company. ..... if the insurer is told about the accident which look place during the proceeding hours on the same day, he would normally issue a policy which would be effective from next ..... without disclosing that it was involved in an accident earlier on the same day and that the non-disclsoure of this material fact renders the ..... one half there from on account of claimant's contribution of negligence in the accident and hence awarded a sum of rs. .....

Rajni (Minor) Vs. P. Narayanan and ors.

Court : Kerala

Reported in : I(1991)ACC681

..... according to the appellants in mfa 560/85, the finding of the tribunal that the vehicle was not validly insured at the time of the accident is erroneous and the insurer, namely, the third respondent before the tribunal should have been made liable for the amount involved in the ..... award is now challenged.we notice that none of the parties before us challenges the finding of the tribunal that the accident was the result of rash and negligent driving by the driver of the lorry. ..... this would indicate that on that date of the accident the-owner of the lorry klz 3279 was ..... 4233300419 issued on 30.4.1983 for a period from 30.4.1983 to 29.4.1984 and that the vehicle involved in the accident klz 3229 was not covered by any policy. ..... are, therefore, satisfied that the lorry involved in the accident was at the relevant time covered by ext. ..... policy does not relate to the lorry involved in the accident which bears registration number klz 3229.6. ..... is no dispute that at the time of the accident the lorry belonged to the fourth respondent before the tribunal ..... a contention raised by the second respondent that at the time of the accident fourth respondent was the owner and the second respondent purchased the lorry from the fourth respondent long after the accident, the latter was impleaded. ..... the tribunal held that the accident was the result of rash and negligent driving of the lorry by its driver, that the vehicle was not covered by insurance policy during the relevant period, quantified the compensation at .....

Chandra Vs. Moongalar Estate

Court : Kerala

Reported in : I(2002)ACC478; II(2002)ACC319; 2002ACJ478; (2001)IILLJ1582Ker

..... in the written statement filed by the respondent, it was stated that the deceased did not meet with any accident arising out of and in the course of his employment while employed in the estate on 7.83.1993, that he did not suffer a heart attack on 7.8.1993 as alleged and that he did not die due to the heart attack ..... issues were framed and one of the issues framed is as under:'whether the death of the deceased chellaswamy was due to heart attack on account of the accident which arose out of and in the course of his employment under the opposite party? ..... the substantial question of law raised in this appeal is whether the death of a workman due to aggravated chronic obstructive airway disease would be described as accident arising out of and in the course of employment coming within the ambit of s. ..... we may profitably advert to the following passage occurring therein:'to come within the act the injury by accident must arise both out of and in the course of employment. ..... we will now examine as to whether the accident was as a result of an accident which can be said to arise out of and in the course of employment ..... the medical officer stated that:the question to be considered is whether the death of an asthma patient who dies due to the aggravation of the illness could be said that he died due to an accident arising out of and in the course of employment.7. ..... above issue was answered stating that the workman did not die on account of the accident arising out of and in the course of employment. .....