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Maulins of India Ltd. and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1989)IILLJ400Cal

..... foregoing provisions of the section, the(1) or sub-section (4) every workman in the appropriate government may, if it is satisfiedundertaking who has been in continuous that owing to such exceptional circumstancesservice for not less than one year in that as accident in the undertaking or death of theundertaking immediately before the date of employer or the like it is necessary so to do,application for permission under this section by order, direct that the provisions of sub-sec.shall be entitled to notice and compensation ..... no application for permission under section (1) and sub-section (3) the appropriate sub-section (1) is made within the period government may, if it is satisfied that owing specified therein or where the permission for to such exceptional circumstances as accident closure has been refused, the closure of the in the undertaking or death of the employer undertaking shall be deemed to be illegal from or the like it is necessary so to do, by order, the date of closure and the workmen shall be direct that .....

Alakh Kumar Sinha Vs. the Oriental Insurance Company Ltd. and anr.

Court : Kolkata

Reported in : (2001)2CALLT101(HC)

..... loss to the vehicle due to accident - rs. .....

National Insurance Company Limited and Ors. Vs. Sujit Kumar Banerjee

Court : Kolkata

..... the policies are the group personal mediclaim policy (in short mediclaim policy ) and the group personal accident policy (in short accident policy ).the policies are for the benefit of the persons in the employment of the kolkata police ..... (11) it was next submitted that the two insurance policies i.e.the mediclaim policy and the accident policy were issued pursuant to mou entered into by and between nicl and kolkata police. ..... the mediclaim policy was clearly a net rate policy and the respondent while receiving huge agency commission in respect of the accident policy voluntarily waived his claim to receive agency commission in respect of the mediclaim policy. ..... contention of the appellants:(4) appearing on behalf of the appellants mr.ajay krishna chatterjee, learned sr.advocate submitted that commission for the accident policy was payable to the respondent and the same was paid in full. ..... in the year 2005, the respondent brought business from kolkata police for the appellant company in respect of two policies, namely the group mediclaim policy and personal accident insurance policy, both of which became effective from 1 july, 2005. ..... (8) the respondent was fully aware that for the accident policy, he would earn huge agency commission which would enhance his status as an agent and under the same mou he would not get any agency commission for the mediclaim ..... respondent waived his agency commission in respect of the mediclaim policy and accepted his agency commission against accident policy. .....

Dipa Ganguly and anr. Vs. New India Assurance Company Limited and anr.

Court : Kolkata

Reported in : AIR2009Cal122

..... the future, for the purpose of assessing the compensation, decided to arrive at a notional figure of income by multiplying the amount of basic pay and dearness allowance of the employee at the time of accident by two and adding to the said amount, the children education allowance for two children and children bus fares which the victim used to get in that case. ..... nature specified in subsection(1) of section 165 may be made:(a) by the person who has sustained the injury; or(b) by the owner of the property; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may ..... (2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and ..... of the appellants, strenuously contended before us that even if it is assumed for the sake of argument that the driver of the vehicle, with the intention of murdering the victim, caused the accident resulting in death of the victim, the owner of the vehicle is vicariously liable and consequently, the insurance company, is bound to indemnify the compensation payable. .....

Asoke Chowdhury and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR2007Cal176

..... it has been further urged that if colour scheme is followed in the event of an accident, it would be very difficult to identify the offending vehicle, if it run away after such an accident at a high speed, which is the normal sequential event as is done by the driver of the of fending vehicle to avoid public wrath. ..... (3) by such introduction of a colour scheme whether the general commuters would face the consequential effect of failure to identify the vehicle in the event of motor accident and/or in identifying the route, which he intends to travel.11. ..... of different vehicles as is now prevalent, it is easier to identify the vehicle by its colour also and it is easier for the police authorities also to seize the vehicle, even if any vehicle runs away from the spot after an accident.8. .....

iffco Tokio General Insurance Co. Ltd. and Another Vs. Subrata Kumar D ...

Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

..... on 22.03.2012 a reply dated 21.03.12 was received from op no.1 through hand delivery , wherein it was informed that the intimation about the accident being delayed for a period of 171 days, they were not in a position to honour the said own damage claim, and the claim ..... mahapatra , branch manager , tamluk branch of the financier company/ op-2 over mobile phone about the accident and he also assured that he would take initiative to get insurance claim as their interest was directly ..... it is a fact that the complainant/ respondent failed to intimate the loss/damage caused by the accident and his negligence in the matter of sending due intimation in time did not give the insurance company any opportunity to engage licensed surveyor which is mandatory ..... the complainant on 13.11.2011 issued a letter informing about the fact of accident enclosing there with all relevant papers and documents which were duly received ..... 025/7544 resulting in full damage of the vehicle and by such accident all passengers including the driver, namely, ram pada maity were seriously ..... by the complainant that he informed over telephone about the accident to one goutam babu does not stand substantiated. ..... that the illness of the complainant is no good reason in support of his failure to intimate about the accident of the insurance company in time as per policy condition. ..... the statement of the complainant that at the time of accident he intimated one goutam babu over mobile phone is not at all a fact or substantiated with .....

Rajesh P. Thakkar Vs. Kolkata Municipal Corporation and Ors.

Court : Kolkata

..... anything contained in section 190 the municipal commissioner may, it any time, amend the municipal assessment book--(vi) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or accident, in which case such alteration shall take effect from the date such erroneous valuation or assessment took effect. ..... municipal commissioner will exercise the extraordinary power vested in him in section 192 to reduce the valuation of the property for a period of nearly 25 years.on the ground that a valuation made on 1993 1994 was made by mistake or accident , to quote the language of section 192 (1) (vi) of the said act. ..... under it, the municipal commissioner seems to have unlimited power to inter alia change the assessment of a land or building on the ground that it was made erroneously or that fraud, mistake or accident prevented its proper assessment. .....

Smt. Monorama Devi and ors. Vs. Oriental Insurance Co. Ltd. and anr.

Court : Kolkata

Reported in : 2003ACJ278,(2002)2CALLT167(HC)

..... the supreme court then proceeded to consider the further question whether the explosion and fire which caused injuries to the deceased couldbe said to have taken place due to an accident arising out of the use of a motor vehicle, that is, the petrol tanker and held as follows:- 'the expression 'caused by' was used in sections 95 (10)(b)(1) ..... for compensation on the ground that the explosion and the fire resulting in injuries to the deceased could not be said to be an accident 'arising out of the use of the vehicle' since that explosion and the fire took place about 4 hours after the vehicle had ..... of the motor vehicle or the authorized insurer shall beliable to pay in the case of motor vehicle or the authorized insurershall be liable to pay in the case of death or permanent disablementdue to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule to, the legal heirs or thevictim, as the case may be. ..... appeal is against the judgment and order dated 26th may, 2000, passed by the learned judge, motor accidents claims tribunal, burdwan, dismissing the application of the appellants for compensation under section 163a of the motor vehicles ..... the expression 'arising out of 'which indicates that for the purpose of awarding compensation under section 92-a the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. .....

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... 174(1) of the code to the extent relevant for the present purpose, if para-phrased, would read:when the officer-in-charge of a police station receives information that a person has committed suicide, or has been killed by another or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has commited an-offence, he shall immediately give intimation thereof to the nearest executive magistrate empowered to hold inquests and, shall proceed to ..... death. if it transpired to be a case of unabetted suicide or accident, the same should have been reflected in its report; on the contrary, if it transpired to be a case of homicide only then could the cbi have launched into further investigation upon obtaining orders from .....

Kananbala Das Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... if it had been the intention of the insurance company that the claim form along with necessary supporting documents should be submitted within 90 days from the happening of the accident to it only for being considered for settlement of claim, there is no reason as to why such intention was not clearly expressed in the said clause although it appears to be the express intention that the claim ..... 17.7.2007, the ombudsman upheld the decision of the insurance company while returning a finding that though there was no delay in intimation of the accident resulting in death of the petitioner's son, there was a delay of three days in submission of claim before the insurance company.9. ..... it was agreed by and between the parties that the insurance company would issue group personal accident policy to the club for the benefit of its listed members being the beneficiaries, a list whereof would be provided by it to the insurance company from time to time, subject to payment of premium on their behalf ..... son, the victim surajit das (since deceased) was covered under a group personal accident policy of national insurance company limited (hereafter the insurance company) for the period ..... an unfortunate mother who lost her son in a road accident on 6.12.05, has knocked the doors of the writ court ..... she had submitted necessary intimation regarding death of her son to the club within 30 days and had also submitted the claim papers before the club on the 83rd day of the accident resulting in death of her son. .....