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Sudipto Sarkar Vs. Air India Limited

Court : Kolkata

..... in the facts of the case the supreme court held that, while fixing an amount of compensation payable to a victim by an accident, the damages were required to be assessed separate as pecuniary damages and special damages. ..... ).in r.d.hattangadi (supra) the supreme court was concerned with claim for compensation under the motor vehicles act by a lawyer who met with an accident on the highway. .....

Kanniz Fatema @ Rubasana Begum Vs. the Shipping Corporation of India L ...

Court : Kolkata

Reported in : (2009)IILLJ430Cal

..... banik lastly contended that the appellant was at least entitled to get compensation for the injury suffered by her husband arising out of the accident in course of employment even if it is proved that the death was not the reason of the injury and the learned tribunal below erred in law in denying any amount of compensation whatsoever.10. ..... of communications and ultimately, the widow of the victim, the appellant before us, on 2nd february, 2000 filed an application under section 3 of the act claiming compensation on the allegation that the death of the victim occurred due to accident in course of his employment under the shipping corporation of india. ..... appearing on behalf of the appellant, fervently contended before us that the learned commissioner of workmen's compensation totally misread the materials on record in arriving at the conclusion that there was no connection between the death and the accident occurred on 4th july, 1991. mr. ..... as indicated earlier, learned commissioner, by the order impugned herein, has rejected the claim application on the ground that the appellant failed to prove that the victim died due to the injury arising out of accident in course of his employment.5. mr. ..... , rightly concluded that the victim was totally cured of the injury sustained by the victim on 4th july, 1991 and the death of the victim was not the outcome of the said injury arising of the accident.9. mr. .....

Asharani Das Vs. Union of India (Uoi), Represented by the General Mana ...

Court : Kolkata

Reported in : AIR2009Cal205

..... any evidence of the railway authority asserting absence of a valid ticket, we are of the opinion, there is no just reason for totally discarding the evidence of the pw-2 simply because his statement that when he reached the accident-spot it was afternoon was found to be not possible having regard to the fact that on march 4 of a year the train left sainthia at 5-20 p.m and after reaching the next station and complaining at the ..... relying upon the aforesaid materials, the tribunal was of the opinion that the statement of bikash das, the so-called eyewitness, that the dead body was removed before he reached the accident-spot in the afternoon and that he did not find the dead body are all false and, thus, the learned tribunal decided to discard the evidence of the said witness ..... the learned tribunal below ought to have believed those documentary evidences and the other parts of the evidence given by the pw-2 except his statement that he reached at the accident-spot at a time when it was afternoon as his other parts of the evidence are corroborated by the abovementioned documentary evidences maintained by the railway police authority.11. ..... to produce the then station master of the ahmedpur station in the witness-box to emphasize that the said pw-2 did not make any complaint before him on march 4, 2005 regarding the accident in the ganadevata express and to face crossexamination by the claimant and for his non-examination, adverse inference should be drawn against the railway authority. .....

Atanu Kumar Ghosal Vs. National Insurance Co. Ltd. and ors.

Court : Kolkata

Reported in : II(2007)ACC345,2007ACJ650

..... this is subject to the condition that in case the workman establishes by acceptable evidence that after the injury not only he is not able to do the work which he was performing before the accident but he is not able to do any other work, the loss of earning capacity could be assessed on the basis of such evidence. ..... all those decisions discussed above it appears that it cannot be said as an invariable rule of law that a compensation should always be awarded on account of loss of earning capacity in future because of an injury suffered by the claimant on his person in a motor accident resulting in some disability, irrespective of any loss of his earnings because of such injury or disability. ..... of earning capacity for the injury suffered in motor accident depends primarily upon the nature of injury and the kind of job performed by the injured at or around the period when the accident occurred. ..... is his evidence that even after accident, he has been earning rs. ..... appellant was a victim of an accident which occurred between a bus and ..... assessment of loss of earning capacity in future an estimate of probable future earnings, had there been no accident, has to be made. ..... been held as a legal principle in para 25 (iii):determination of loss of earning capacity has to be with reference to 'all the work' which the workman was capable of performing at the time of the accident resulting in such disablement and not with reference to the work which the workman was performing at the time of accident. .....

Sidwal Refrigeration Industries Ltd. and anr. Vs. Union of India (Uoi) ...

Court : Kolkata

..... in case of an accident possibility of those at the helm of the affairs of kmrcl being hauled up for criminal negligence cannot be ruled out. ..... failure to ensure adequate safety measures might entail loss of valuable lives consequent to occurrence of any accident. .....

Ca Block Citizens Association and ors. Vs. State of West Bengal and or ...

Court : Kolkata

..... section 25 provides that if, owing to urgent necessity or unavoidable accident, a document executed in india is not presented for registration for four months as aforesaid, in case where the presentation is made within a period not exceeding four months from the date of expiry of the above period, the ..... eight months in the aggregate and that too provided the document was not presented for registration within the first four months on account of urgent necessity or unavoidable accident. .....

The Manager, Reliance General Insurance Co. Ltd. and Another Vs. Md. K ...

Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

..... vehicles is for 3 years only as per provision of section 14 / 2 / (a) of the motor vehicles act, but, in the case of the driving licence of the driver who was driving the vehicle at the material point of time of accident , validity of the driving licence was recorded for 12 years which shows that the driving licence was not genuine and the driver was not? ..... 2,50,000/- as repairing cost after the alleged accident , the driver of the vehicle did not have a valid and effective driving licence to drive the particular class (goods) of the insured vehicle which was a clear violation of ..... the said vehicle met with an accident on 05.01.2008 near the village, sinduria, ..... case the insurer appellant has proved that the driving licence of the driver who was driving the vehicle at the time of accident was a fake one. ..... present case we find that the claim preferred by the complainant/respondent relates to the damage of the vehicle caused by an accident and such accident happened? ..... , after about 10 months from the date of accident the op insurance company? ..... met with an accident while the same was being driven by a person who was allegedly not holding a valid ..... the fact of accident and damage was reported to the op insurer and claim form with an estimate of ..... the accident having taken place on 05.01.2008 , the driving licence was very much valid ..... letter dated 23.10.2008 that the claim was not payable as the driver of the vehicle had no valid driving licence at the material point of time of the accident. .....

Monisha Roy and ors. Vs. Biplab Sengupta and ors.

Court : Kolkata

Reported in : 2007(2)CHN636

..... it was further submitted that in absence of repairs, there is every possibility of a major accident and repeated notices received from the kolkata municipal corporation under section 441(1) of the kolkata municipal corporation act should not have been lost sight of.18. mr. ..... subsequently, opinion was obtained from the structural engineer and the petitioners were advised to take immediate steps for such repairs to prevent accident.7. .....

The New India Assurance Co. Ltd. Kolkata and Another Vs. Banita Dey, K ...

Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

..... the complaint case, in brief, was as follows: the insured biswajit dey, being the husband of the complainant , had obtained a group janata personnel accident insurance policy from the op insurance company for a sum insured of rs. ..... the accident was intimated to the ops and claim form along with necessary papers were submitted on 22. 01. .....

Ajoy Raut Vs. Union of India (Uoi), Represented by General Manager, Ea ...

Court : Kolkata

..... in the absence of any evidence showing that actually the death occurred due to the accident described in the application, the learned court below rightly dismissed the application. ..... in crossexamination, he admitted that he was not aware of the said accident and he had no paper to show that his son was a student of amar bharti high school or he was appearing in the final examination in that school. ..... sanjit shaw to whom the said witness allegedly informed about the accident, however, was not examined.7. ..... he further stated that the accident occurred about 5/10 minutes before the train entered howrah station. ..... according to him, after kartik had fallen down the train did not stop and it came to howrah station and he did not inform either the driver or the guard about the accident. ..... as pointed out earlier, the learned vice-chairman of the railway claims tribunal by the award impugned herein dismissed the application on the ground that the claimant failed to prove the alleged accident.5. ..... one of falling down from train and the incident did not come within the meaning of 'untoward incident' and as such, the railway administration was not liable to pay any compensation for the alleged accident. .....