Judgment Search Results Home > Cases Phrase: accident Court: kolkata Page 6 of about 20,823 results (0.020 seconds)

The New India Assurance Co. Ltd. Vs. Sinjini Gupta and ors.

Court : Kolkata

..... on consideration of the entire material on record, we, therefore, find that the truck insured by the appellant was not at all responsible for the death or accident which occurred due to rash and negligent driving of the unknown car coming from the other side and, therefore, the learned trial judge erred in law holding that the appellant was liable to ..... of a car at a place of the national highway which is not a 'no parking zone' cannot be either any offence or a negligent act with when it is apparent that the accident and death occurred not for that parking but due to rash and negligent driving of an unknown truck coming from opposite side. ..... according to the insurance company, there was no fault or negligence on the part of the driver of the truck being wb 39/1364 for the accident and as such, the appellant was not liable to pay any amount of compensation for the death of the owner and driver of the maruti ..... moreover, the requirements of application of the aforesaid principles as indicated by the apex court are absent because the cause of accident is the overtaking of the stationary truck by the maruti van and the negligence on the part of an unknown truck in not stopping the said vehicle when the maruti van was seen overtaking a stationary ..... in this case, the claimant is the same person as indicated above and the death arose out of the same accident with this difference that the mother of the claimant is, in this case, the victim, instead of father, who was a passenger of the .....

Banya Sarkar Vs. Sipra Guha Roy and anr.

Court : Kolkata

Reported in : 1992ACJ572

..... anxious consideration to the respective submissions and after going through the records in our view the tribunal took a correct view of the matter inasmuch as in the instant case the 'claimant alleged that the accident took place because of the rash and negligent driving on the part of the driver of the bus concerned and in the written statement a clear stand was taken by the appellant before the tribunal ..... it was further submitted that the tribunal should have considered the police report and the statement recorded by the police in course of the criminal case started in respect of the said accident and in not doing so the tribunal was wrong in fixing such liability inasmuch as the police investigation report and information obtained by the police were relevant materials for the purpose of deciding ..... it is admitted that pw 3, the widow, was not on the spot and she was not an eye-witness in so far as the accident is concerned.the learned judge ignored this contradiction about the time when the widow got the information and whether from pw 5 or from the ..... appearing on behalf of the appellant, contended that there was no evidence on record to hold that the accident took place by the offending vehicle and that too by rash and negligent driving by the driver of the ..... the accused may be discharged or acquitted in a criminal case but that does not show that the accident did not take place or that cannot have any repercussion on the finding of the claims tribunal on the basis of the .....

Malati Alias Mala Alias Mita Goon and Ranadhir Goon and anr. Vs. Union ...

Court : Kolkata

Reported in : III(2006)ACC632,2006ACJ2455,(2006)1CALLT226(HC)

..... since the driver of the offending vehicle himself offered the victims to travel in his car and the accident took place, the driver was liable and since the driver was liable the employer of the driver, being the respondent herein, must shoulder the ..... found that though the said malati goon claimed loss of income due to the said accident but was unable to prove the exact figure of her monthly income before the claims tribunal ..... since the above two claims before the learned claims tribunal arose out of the same accident and since the correctness of the said awards are under challenge on the identical grounds in both the appeals, this judgment is intended to and will govern both the above appeals and be ..... the claims tribunal also otherwise satisfied that the claimants therein proved their case of accident and the consequent death of the daughter under the provisions of section 166 of the motor ..... 000/- for the marriage of her deceased daughter but because of the said accident and the consequent death of the daughter the father was' relieved from spending ..... was proved before the claims tribunal that the said accident took place due to the rash and negligent driving of the driver of the said car, it was also proved that because of the said accident the said malati goon, being the claimant in the ..... the said malati goon and her husband ranadhir goon claimed compensation for the death of their daughter basabi in the said accident where the mother the said malati goon was seriously injured.30. .....

Anil Kumar Sharma Vs. Inspector of Factories

Court : Kolkata

Reported in : 2006(1)CHN594,[2006(110)FLR669],(2006)IILLJ603Cal

..... which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be ..... sub-divisional officer,(3) the commissioner for workmen's compensation appointed under section 20 of the workmen's compensation act, 1923,(4) the relatives of the injured or deceased person, and(5) in the case of fatal accidents only, the officer-in-charge of the police station within the local limits of which the factory is located.reports by special messenger shall be as nearly as possible in form no. ..... person which results in (a) death, or (b) such injury that there is no reasonable prospect that he will be able to resume his employment in the factory within 20 days, such accidents shall be called in all prescribed communications 'fatal' or 'serious', as the case may be, and the manager of the factory shall give notice of the occurrence forthwith by telephone, telegram or special messenger to --(1) ..... telephone or telegram shall be confirmed within 48 hours by written report in that form :provided, however, that the defence installations may send reports of accidents in their own from iafo 1973, subject to the condition that any change in the form shall at once be communicated to the chief inspector in .....

Sudhira Mondal Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 2005ACJ1457,AIR2004Cal270

..... death occurred as a consequence of such travelling on the buffer of a train, it cannot be said that the death was caused due to the railway accident inasmuch as the proximate cause of death was due to rash and negligent act on the part of such passenger to travel on the buffer of the train ..... report it was stated that the persons who died and sustained grievous injuries in the accident had been travelling on the buffer of the train, and the prima facie cause of the accident was disturbance of jumper connection between its first and second coaches by unauthorized persons travelling ..... we find that after considering the relevant provisions of the indian railways act, 1890, and the railway accidents and untoward incidents (compensation) rules, 1990, their lordships of the supreme court interpreted and explained the scope and purport of the amendment to these rules with effect ..... evidence on the ground that in cross-examination he admitted that while he sustained injury in the accident, he did not know whether shib prosad mondal fell down or did not fall from the train ..... passengers were bona fide passengers of that ill-fated train and they died in the rly accident which occurred when the train dashed against the dead buffer at the end of the platform ..... a question therefore arises whether a passenger travelling on a buffer of a train dies in a rly accident can claim compensation or not.under the provisions contained in sec, 156 of the railways act, 1989, travelling on roof, step or engine .....

Joe D'Silva Vs. New India Assurance Company Limited and Anr.

Court : Kolkata

Reported in : 2008(4)CHN888

..... arises for determination in this appeal is whether the learned tribunal below erred in law in holding that the vehicle in question was not involved in the accident notwithstanding the earlier award passed in the proceeding under section 140 of the act against the insurance company and the owner of the vehicle.9. ..... the materials on record, we find that the appellant has produced various documents relating to his treatment arising out of the accident and has also filed huge number of receipts granted by doctors or nursing homes but only few of them have been ..... under section 140 of the act and not having challenged such award and having paid that amount to the appellant, the question of involvement of the vehicle in question in the accident is no longer open to attack and such question cannot be answered against his client in this proceedings under section 166 of the act. ..... assigned by the tribunal that the car was not at all involved in the said accident, they disputed even the medical certificate that has been produced in support of the alleged ..... the award impugned that the tribunal disbelieved the factum of the accident itself and concluded that there was no such accident based on which the claim application under section 166 of the ..... the mode of assessment of compensation in a non-fatal case should be as follows:broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. .....

Calcutta State Transport Corporation, Calcutta Vs. Kamal Prakash De

Court : Kolkata

Reported in : AIR1976Cal2

..... 1, who is the tyre examiner of calcutta state transport corporation, howrah depot, and other documentaryevidence, came to the conclusion that the accident in question had happened due to lack of proper maintenance of the bus and as such the said issue was decided in ..... that case contended that the doctrine of res ipsa loquitur could not be applied, it has been held in that case that the doctrine of res ipsa loquitur only means that an accident by its nature be more consistent with its being caused by negligence for which the defendant is responsible than by other causes ..... . 3,000 the respondent was required to spend another sum of rs 4,000 on account of his sufferings due to the accident, which sum was received by him in the shape of help, assistance and charities from others and it is of immaterial consideration in the facts of the case whether such amount was repaid or even repayment ..... two appeals were preferred from two applications, one by the husband and the other by the wife, for the recovery of compensation based on the same accident, when the bus in question knocked down both of them causing serious injuries ..... . in that case the question of rash and negligent driving resulting in accident and the manner of proof thereof, the presumption of negligence and the applicability of the doctrine of res ipsa ..... . the respondent has further alleged that because of the said accident he has practically lost his zest and pleasure of life and that sometimes he intends to commit suicide .....

Kamarhatty Co. Ltd. Vs. Abdul Samad

Court : Kolkata

Reported in : AIR1953Cal74,56CWN311,(1952)ILLJ490Cal

..... the learned commissioner eventually held that there was reasonable cause for not making this claim within twelve months of the date of the accident and accordingly rejected the plea that want of claim within the stipulated period was a complete bar to the grant of any compensation ..... however, clear from the words of section 10, workmen's compensation act, and the proviso thereto that a court may adjudicate upon a claim made more than twelve months after the accident, if there was reasonable cause for not making the claim within twelve months. ..... was a dispute in the court below as to whether there had been any accident and as to whether this man had a damaged hand when he first entered into ..... the court of appeal appeared to have thought that if the accident had been trivial, there might have been reasonable cause for not reporting it, but as the accident was not trivial then the fact that she returned to work and even earned higher wages afforded no cause for not ..... the pain she suffered whilst continuing with her work made it clear that the accident, if not a serious one, could not be described as a trivial one. ..... he alleged that sometime in the month of march 1925 he sustained an accident whilst on duty in the engine department of the petitioners' factory and as a result received personal injuries which resulted in a loss of ..... but the learned commissioner held that the accident had been proved and as that is a finding of fact it cannot be challenged before us as there was evidence to .....

A.C. Roy and Co. (Private) Ltd. Vs. Taslim and anr.

Court : Kolkata

Reported in : AIR1968Cal114,71CWN531,(1967)IILLJ307Cal

..... a result of which he died on the following day the widow of ismail, filed an application under the said act which claim was resisted, inter alia on the ground that the accident did not arise out of or in the course of, his employment, inasmuch as he was knocked down in the public road, where he shared the risk in common with all the other members of the public ..... the port commissioners who run the whole dock, and although the workman had entered the dock area to a considerable extent, it was still held that the accident did not occur in course of his employment here, the employer was a stevedore who was not the owner of the docks, but he was only doing work in a ship berthed at ..... trains signed an agreement with the railway company releasing them from all claims in case of accident and the colliery company then provided him with a pass and charged him with the agreed fare ..... facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all ..... compensation was not payable because his presence at the point where he met with the accident was not so related to his employment as to lead to the conclusion that he was ..... had not actually taken up his work, he was proceeding to report for duty and therefore, there should be a notienal extension of time, and place and the accident should be taken to have arisen out of and in the course of applicant's employment. .....

Smt. Anamika Mondal Vs. United India Insurance Company Ltd. and anr.

Court : Kolkata

..... restore the physical frame of the appellant and for that reason, it has been said by the courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to compensate such injury 'so far as money can compensate' because it is impossible to equate the money with the human sufferings or personal deprivations and money cannot renew a broken and ..... advocate appearing on behalf of the insurance company, on the other hand, opposes the aforesaid prayer and submits that even after the accident, the appellant is doing the same job of assistant teacher of the school and it appears that there has been further increment of ..... the supreme court also pointed out that in its very nature, whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused, but all the aforesaid elements have ..... the case before us, the appellant has not claimed to be 100% permanently disabled but has contended that due to such accident, she is required to spend some additional expenditure for all time to come and at the same time, she has lost ..... hearing and payment of such amount having been proved, the tribunal awarded such amount towards conveyance charge as if the accident did not occur, she could go to her school on foot and avoid such expenditure but such expenditure is now unavoidable .....