Court : Kolkata
Reported in : AIR1988Cal333
..... pal to the effect that in terms of sub-rule (3) read with sub-rule (4) of rule 6 of the railways accident (compensation) rules, 1950 as amended by the railway accident compensation (amendment) rules, 1974, the amount of compensation shall be payable in respect of each injury sustained by the victim claimant which the claims commissioner may in all the circumstances of the case determine to be reasonable. ..... 10,000/- under sub-rule (3) of rule 6 relates to each injury resulting in pain and suffering which a victim of the accident sustained on account thereof, subject to the maximum overall statutory limit of rs. ..... the opposite party admitted that as a result of the accident of the ill-fated train, the petitioner sailendranath banerjee received injuries on the scalp and fractural injury on the right leg. ..... as a result of the accident the petitioner sailendranath banerjee lost his brief case containing therein a woolen sweater, bunch of keys and a cash of rs. ..... as a result of this accident, the petitioner sustained injuries and became unconscious. ..... is quoted lereunder :'for all these reasons we are unable to accept the contentions made on behalf of the union of india limiting compensation under sub-rule (3) of rule 6 10 all injuries together as may be suffered by the victims of the accident. ..... 460/- and odd as his salaries and allowances per month at the time of the accident. .....
Tag this Judgment!Court : Kolkata
Reported in : 1999ACJ1195,(1998)2CALLT582(HC)
..... for non-encashment of the cheque as stated by rw 2 in his evidence, reads : the cheque is not encased by d-3 (insurance company), namely on the ground that after a month they got information that the bus had met with an accident even other wise, when the cheque was obtained from the insured as valid payment towards premium for the cover note issued, non-presentment of the cheque by the insurer for encashment cannot have ..... the 1st respondent herein for self and on behalf of her parents-in-lawand three minors children filed an application for grant of compensation arising out of a motor vehicle accident caused by a vehicles bearing registration no, wb-j2-e-o379 which is said to have been insured with the appellant.3. ..... wby-4211 at the material time of the alleged accident and as such the relationship of insurer and insured has not been established between the owner of the said vehicle and the oriental insurance co. ..... the fact that the accident had taken place on 20th june, 1993 is not is dispute. ..... the fact that an accident had taken place is not denied or disputed. ..... bhattacharya, judge, motor accident claim tribunal at allpore in m.a.c. ..... the question which is raised by the appellant herein, is that the claim petition was died in violation of the rules framed by the state of west bengal under the motor vehicles accident rules. .....
Tag this Judgment!Court : Kolkata
Reported in : 31Ind.Cas.164
..... . neglect to conceal his presence could, of course, be reconciled with the theory of premeditated murder on the supposition that accused intended to plead accident, but if he had a story of accident ready, his flight from the spot is inexplicable, except on the theory that thinking his presence to have been unobserved, he suddenly abandoned that idea ..... amrita lal sen from the first declined to believe in the theory of accident, and did not hesitate to let the police know his opinion. ..... . this does not matter much as to the fact of his alleging accident, for he had alleged that long before, but it was the first opportunity he had, in the course of the enquiry, of disclosing the facts to a judicial officer.23 ..... . but here we have the case of a man who, as he says, by an unfortunate accident has taken the life of a girl friend in a house where all the family were his friends ..... it might, of course, happen that, while disbelieving the theory of accident, the court might consider that the prosecution had not made out their case, but that is not the case here. ..... if the accused puts forward a substantive defence of accident within the purview of section 80 of the indian penal code, it is incumbent upon him to prove it. ..... there is no doubt that aparna was then and there shot dead by dwijendra, whether intentionally or by accident, in the middle room of the northern building. .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal602
..... corporation street about 100 yards to the west of the place where the gharry was standing opposite newgipukur lane, stated that there was no traffic at the time of the accident in corporation street, and that he was walking towards the west when he became aware of the defendant's motor coming from behind him and passing from west to east. ..... on the other hand, 'though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's ..... out of the gharry and run across the road, to turn to the righthand and so run into him, and his story is the more incredible inasmuch as the chauffeur insisted that the accident occurred not near the southern pavement, but a cubit and a half from the northern pavement. ..... to discover to what extent the negligence of the plaintiff or that of that defendant contributed to bring about the accident, the defendant is entitled to succeed for impari delicto potior est conditio defendentis. ..... the circumstances of the present case, i have no hesitation in holding that the cause of the accident which resulted in sashi's death was the negligence of the defendant's driver. ..... sashi's father-in-law, who had been standing on the northern pavement about 100 yards to the west of the scene of the accident, ran up, and sashi was taken in the gharry to the medical college. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal108,(1924)ILR51Cal861,84Ind.Cas.102
..... hoc propter hoc that because searchlights have been in use on the defendant railway since, and as the result of, the enquiry into the cause of this accident, the railway company must have thought that searchlights would have been effective to prevent an accident of this description but public bodies often adopt precautionary expedients in deference to expert opinion in which they may have little faith in order to pacify the misgivings ..... to be determined is whether the same inference ought to have been drawn before the accident occurred by the railway company, having regard to the information which was then at its ..... in my opinion, therefore, the provision of a searchlight as a precautionary measure against such an accident as the one which i have to consider, would have been quite useless, and the absence of a searchlight did not in any way ..... adduced on this matter at the trial was to the effect that experience had fortified the view which the railway company had previously held that for the purpose of averting accidents similar to the one in question the provision of a searchlight was useless. ..... searchlight set on the engine of a train travelling at a speed of 40-45 miles an hour, which was the rate of speed at which the punjab mail was moving at the time of the accident, would have proved quite ineffective to prevent the disaster. mr. ..... think, dispute the plaintiff's contention that if a pilot engine had preceded the mail the accident in all human probability would not have occurred. .....
Tag this Judgment!Court : Kolkata
Reported in : (1900)ILR27Cal860
..... upon a careful consideration of the evidence i have come to the conclusion that the view expressed by captain waller is correct; that it was the fault of no one but a pare accident owing to the action of the tide taken perhaps with the maneuvering for the purpose which captain best mentions.61. ..... the retriever attempted unsuccessfully to pass her a hawser; then the hughli tried, but met with an accident to one of her propellers, which completely disabled her from pursuing her efforts to help the grounded steamer ..... again the mere fact that the service was interrupted by accident or some like cause, if it has been productive of benefit to the owners, will not disentitle the salvors from their reward.14 ..... that have received no injury or damage and that mere towage reward is payable in those cases only, where the vessel receiving the service is in the same condition she would ordinarily be in without having encountered damage or accident,' and the services were remunerated as salvage.45. ..... the facts are thus stated in the report: the chetah had on the 17th of march 1867 whilst on a voyage from china to london met with an accident to her rudder whereby she was disabled. ..... but it shows that the accident had wholly demoralised the men on the drachenfels, and that they were not ready to do anything to help themselves and were not ready to take in the hawser brought to them by the retriever ..... it is suggested that the accident would not have occurred, if the pilot had altered his helm in sufficient .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal786
..... ' no doubt, those words were used with reference to an accident different and arising under circumstances different from the present case. ..... & c 596 (601) chief justice erle says: 'when the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. ..... to my mind the evidence shows that (sic) started by the design of, or by an accident (sic) 355; (1907) 7 c.l.j. .....
Tag this Judgment!Court : Kolkata
Reported in : 71Ind.Cas.346
..... on the material before them, it was open to the courts to find that, whatever might be said about the previous condition of things at the spot where the deceased met with the accident, that condition had been so altered as to bring about undoubtedly a state of the road dangerous to passengers within the meaning of the act. ..... if the father had died before the accident, the deceased might have spent more on the other members of the family. ..... the plaintiffs in the suit were, originally, the father, the mother, the widow and the minor daughter of the deceased charu krishna dutta whose death was caused by an accident attributed to the negligence of the murshidabad municipality.2. .....
Tag this Judgment!Court : Kolkata
Reported in : (1890)ILR17Cal40
..... were not liable for loss not caused by the negligence of their servants, and the only question which is left is, whether this contract is so divisible that it is a good contract to protect the defendants from liability from accident notwithstanding that one of the terms of it is that they, the carriers, will not be liable for negligence, it being provided by section 8 of the indian carriers act that such a contract as that shall not be ..... indian carriers act; that it was a divisible contract, so that one portion of it might be good and another portion bad; and that, so far as it provided that the defendants were not to be liable for loss by accidents, it was a good contract: and we think that the subordinate judge was wrong in decreeing the plaintiff's' suit, and this appeal must be decreed and the suit dismissed with costs in all the courts. ..... forwarding note which is signed by the customer, and by the terms of the note the customer delivers over to them the goods subject to the condition that they are not to be held liable for accidents, and next, that they are not to be held liable for negligence; and the first question is whether this is a special contract within the meaning of the indian carriers act.8. ..... case the terms are distinct, because the customer says, in effect, to the carrier, i hand you my goods to be carried on the terms that i will not hold you liable for accidents, and then in another clause he goes on to say, and further i will not hold you liable for negligence. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal555
..... to obtain the assent of the insurer of the change of ownership and if we had held that no such assent had been given, it would have been impossible to make the insurer liable for the accident in question which had happened after the transfer had taken place. ..... one biswanath banerjee met path his death in a fatal accident on the jessore road due to a collusion between a passenger bus and a motor lorry carrying goods, the two coming ..... consideration, therefore, is whether there was any cover for insurance on the date of the accident and whether habib insurance co. ..... that he died as a result of the accident was also admitted in a way and we must hold that that was proved on the ..... alleged that after the accident both the drivers, viz ..... plaintis claimed under the fatal accidents act (xii of 1855) compensation ..... failed 'to produce the necessary documents which were under the insurance law in their custody, the insurer must be held to be liable to indemnify the owner of the vehicle as on the day that the accident had taken place.76. ..... or, in other words, the accident in the present case having oc-* curred on 8-9-1947, and the recorded owner, according to the insurance company, having transferred the ownership on 19-5-1947, it was only the previous owner who was entitled to ..... on behalf of the owner of the bus that he was not either liable at all, or even if liable, not to the same extent as the owner of the lorry, it is necessary to examine the circumstances under which the accident had taken place. .....
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