Court : Kolkata
Reported in : I(1987)ACC510,AIR1988Cal86,91CWN1030
..... appellant, insurer, has submitted that he does not challenge the findings of the learned tribunal that the victim basanta prosad yadav was the employee of the owner of the jeep in question and that the accident which took away the life of the victim basanta prosad yadav, occurred due to the rash and negligence on the part of the driver of the jeep in question in the course of the employment of the jeep ..... registered as a private car for private use, that the victim basanta prosad yadav, an employee of the owner of the jeep, was being carried in the jeep by reason of or in pursuance of the contract of employment at the time of the accident, that the driver of jeep was in employment of the owner of the jeep and the accident resulting in the death of the victim basanta prosad yadav took place due to the rash and negligent driving of the jeep. ..... the learned motor accidents claims tribunal on consideration of the materials in the record found that the driver of the jeep in question and the victim of the accident were employees of the owner of the jeep and that accident resulting in the death of the victim basanta prosad yadav took place due to the rash and negligent driving of the jeep by its driver ..... such goods vehicle being involved in the accident as referred to in the aforesaid case fits in with the observation of the high court in the aforesaid case to the following effect :'but in clause (ii) of proviso to sub-section (1) of section 95 of the act neither the term 'goods vehicle' .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal145,56CWN481
..... it was proved that the workman fell before the onset of the attack i should be prepared to hold that his death was the result of an accident, because of the medical evidence which suggests that a fall might bring on this attack or aggravate the condition. ..... the other hand, if the attack preceded the fall then it would be impossible in this case to hold that death was due to an accident because there is nothing to connect the attack with what he was doing.12. ..... was considerable evidence which pointed in that direction & that being so the probabilities were in favour of accident causing death rather than death from natural causes. ..... commissioner however came to the conclusion that after eliminating the widow's evidence the probabilities pointed to an accident, & therefore he held that the death of the workman was the result of an accident arising out of & in the course of his employment.8. ..... a case it appears to me that a court must hold that it has not been established that death was due to accident arising out of & in the course of the employment. ..... held by a majority in the house of lords that there was evidence to support the finding, & that it was a case of personal injury by accident arising out of & in the course of the employment.13. ..... it must be shown that he died as a result of an accident, that is, there must be some connection between his work & his ..... however could not express an opinion as to what happened because he had no history of an accident or the onset of the disease.6. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal254,[1987]62CompCas5(Cal),89CWN1083
..... in that case, it has been laid down by the supreme court 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 lime of the accident for determining the extent of the insurer's liability under a statutory policy. ..... she claimed that her husband who died by the accident was due for promotion to the post of deputy commissioner ofcommercial taxes, and that he died at the age of 48 years, thereby suffering loss of 10 years of valuable service under the government. ..... it is submitted on, behalf of the appellant that as the accident had happened before sub-section (2)(a) amended, the limit of the liability of the appellant was rs. ..... the learned tribunal found that the accident complained of resulted from the rash and negligent driving of the offending cur towing the tar-boiler. ..... she also claimed that her son, subrata, aged about 12 years, who also died by the same accident, was a promising boy of an english school at jamshedpur. ..... the respondent had eventually survived the accident although she had to be treated for a long time for the serious injuries sustained by her. ..... the three victims of the accident were removed to midnapur sadar hospital, about 8/9 miles away, by an ambulance and with the help of an advocate, mr ..... sarkar's car, practically a head-on collision, giving rise to the most grievous accident on the 1st day of january. .....
Tag this Judgment!Court : Kolkata
Reported in : I(1999)ACC673,2000ACJ414,(1999)1CALLT359(HC)
..... policy mentions the time and date from when it has to become effective, the cover of insurance becomes effective only from that particular time and not from any earlier time on that date and if an accident occurs on the date when the insurance policy has become effective but at a time prior to the commencement of the insurances policy, the time being with reference to the time of such commencement being mentioned in the ..... there is no such difficulty in the present case in view of the clear finding based on undisputed facts that the accident occurred at 2.20 pm and the cover note was obtained only thereafter at 2.55 pm in which it was expressly mentioned that the effective date and time of commencement of the insurance for the purpose of the act was 10-12-1991 at 2.55 pm. ..... in this judgment their lordships took a view that the insurance policy obtained on the date of accident became operative from the commencement of the date of insurance, that is, from the previous midnight and since the accident took place on the date of the policy, the insurer became liable. ..... held in rom dayal's case (supra) that in the absence of any specific time being mentioned, the logical inference to draw was that the insurance became effective from the previous midnight and, therefore, for an accident which took place on the date of the policy, the insurer became liable. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal408
..... terms and conditions in the goods forwarding note there was a special contract which provided that the appellant would not be responsible for loss or damage to goods arising from act of god strandings, groundings, snags or accident or dangers of the rivers, canals, locks or navigation and then 'no claim in respect of this contract shall be valid unless in writing and delivered at the office of the defendant at calcutta within 4 weeks from the dale of any ..... defence is that the goods were carried under 3 special contract namely that the appellant was not responsible for the loss or of any damage to goods arising from an act of god, strandings, grounding, collision, snags or accident or dangers of the rivers, canals, locks or navigation or for any joss or damage however occurring to any property towed to the appellant for carriage except such as notwithstanding any contract to the contrary the appellant would be ..... put something like a ball in between the pontoon and the barge in order to avert the accident, but the accident could not be avoided and the barge sank.10a. sk. ..... the appellant, in our opinion, has to show how the accident happened namely, first what happened, secondly what was the cause of the happening and thirdly whether the cause was one which could not be ..... the appellant has failed to prove as what the accident was or what was its cause or whether it could not be ..... in that case a condition which required notice of accident within 7 days was held not to be a condition .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)IIILLJ97Cal
..... the aforesaid lorry, while being driven by the claimant's husband, met a road accident near new nabeen palli, diamond harbour road on being collided with a delux bus bearing no ..... both the single bench, one standing infavour of the appellant and the other in favour of the respondent, we felt more inclined to accept the view point as taken by the punjab and haryana high court in 1993(1) accident judicial reporter 119 (supra), which supports the contention of the appellant. ..... be it recorded at the very outset that the claimant's husband was admittedly under employment of the o.ps/respondents first parry as a driver of the lorry belonging to them and also that he sustained injuries in an accident, while driving the said lorry as a result of which he died. ..... it may be mentioned that the claimant asserted that her deceased husband was aged 35 years at the time of the accident and also that his monthly wages was amounting to rs. ..... it was further contended that the alleged accident was caused due to negligence of the other vehicle involved i.e ..... this context, an authority reported in 1991 accident claim journal 615, krishna bai v. ..... in this case, though the accident took place on august 13, 1986, the compensation was not paid till the filing of an ..... jiluben huseinbhai, 1989 accident claim journal 587 the learned counsel for the respondent contended that since the penalty arises on account of clear violation of statutory provision of the act by the employer, no liability for penalty can be fastened .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal286
..... therefore be doubted that the disablement which the appellant complains of was the result of the injury received from the accident in the course of his employment and that the employer respondent cannot claim exemption from liability for compensation under section ..... law to say that a disease which has bean accelerated, still more if produced, by the accident, is not a matter which comas within the four corners of the act of parliament.5. ..... taken the same view, the result of which is that if the disability can be traced to the injury caused by accident in the course of his employment the workman will be entitled to compensation. ..... result - but the question is whether the man's present condition is the result of the accident in this sense that it is occasioned by his debilitated condition immediately after the accident and occasioned by the accident which he has met with.6. ..... be liable to pay compensation if the injury is caused to a workman by accident arising out of and in the course of his employment. ..... causing, according to the medical evidence, an abrasion on the outer side of the left index finger and an injury exposing the subcutaneous tissue it is not disputed that the injury was caused by accident arising out of and in the course of his employment. ..... in section 4 are wider than 'solely and directly attributable' as the learned judge takes them to mean, and the requirement of the law is satisfied if the injury can be traced to the accident even as the unnatural cause thereof.7. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)ILLJ937Cal
..... on the other hand, appellant examined the compounder of manderbani colliery who produced the accident register and stated that there was no entry showing that any accident had taken place on that date nor there exists any entry in the dispensary register. o.p.w. ..... 3 who is a personnel officer stated that there was no accident although the parties adduced evidence, the workmen's compensation commissioner merely arrived at a finding that the workman concerned met with an accident on january 25, 1977 without analysing the evidence and without discussing the materials on record. ..... the applicant merely stated that the concerned workman died on january 25, 1977 due to accident during duty and his wages was rs. ..... a suggestion was given to her that he did not the of any accident during duty at the relevant time. ..... the appellant further stated that no accident took place in the colliery on the said date. ..... the petitioner's husband mahngu kahar allegedly died in an accident which took place on january 25, 1977. ..... it was obligatory on the part of the learned commissioner, workmen's compensation, to analyse the materials on record so as to arrive at a finding as to whether the workmen concerned met with an accident in course of his duty. ..... the question as to whether an accident has taken place or not was a jurisdictional fact. ..... no details as to how the accident took place had been stated. ..... although the accident look place on january 25, 1977, the application was filed on july 6, 1982. .....
Tag this Judgment!Court : Kolkata
Reported in : 2001ACJ749,(2000)2CALLT449(HC)
..... the relevant clause in the policy regarding liabilities to third parties was 'the company will indemnify the insured in the eventof accident caused by or arising out of the use of the motor car against all sums including claimant's cost and expenses which the insured shall become legally liable to pay in respect of (a) death of or bodily injury to any person ..... there cannot be any dispute that motor vehicles act particularly the provision relating to compensation for the victims of road accidents and the requirement of compulsory insurance coverage are meant for the benefit of the victims and members of their family.'33 ..... the said case also relates to a claim against an insurance company in respect of an accident which took place due to negligence on the part of the driver of the vehicle handing over the same to cleaner to park it ..... the injured person claimed compensation before the motor accidents claims tribunal impleading the owners and drivers of both the vehicles as well as the ..... this appeal is directed against the award passed by the accident claims tribunal (district judge), port blair arising out of an application under section 166(a) of the motor vehicles act, 1988 as amended in 1994, filed by the respondents being the heirs and legal representatives of the victim, ..... in the aforesaid decision, a bus met with an accident; its policy of insurance issued by the appellant on 30.11. ..... the tribunal found that the accident occurred due to negligence of the insurer (fifth respondents .....
Tag this Judgment!Court : Kolkata
Reported in : 2004ACJ1582,AIR2003Cal318
..... life assured, before the expiry of the period for which the premium is payable or before the policy anniversary on which the age nearer birthday of the life assured is 70 whichever is earlier, is involved in ah accident resulting in either permanent disability as hereinafter defined or death and the same is proved to the satisfaction of the corporation, the corporation agrees in the case of : (a) disability to the life assured : (i) to pay ..... disability' in the first paragraph of clause 10 of the said policy has further been explained in the third paragraph of the said clause as disability which must be the result of an accident and must be total and permanent and such that there is neither then nor any time thereafter any occupation or profession that the assured can ever sufficiently do or follow to earn or obtain ..... have been kept in force by continued payment of premiums and the benefits covered by (b) of this clause.the disability above referred to must be disability which is the result of an accident and must be total and permanent and such that there is neither then nor at any time thereafter any work, occupation or profession that the life assured can ever sufficiently do or ..... accidental injuries which independently of all other clauses and within ninety days from the happening of such accident, result in the irrecoverable loss of the entire sight of both eyes or in the amputation of both hands at or above the wrists, or in the amputation of both feet at or above ankles or in .....
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