Court : Kolkata
Reported in : II(2005)ACC426,2005ACJ433,2005(1)CHN22
..... however, the tribunal was of the view that the death occurred, not due to accident, but due to the fact that the victim was subsequently attacked with pneumonia and as he was a diabetic patient, renal failure was also the cause of the death ..... if it appears that the death was the direct or consequential effect of the accident, in such a case, the claimant should be entitled to get compensation for the loss of life, even if the deceased ultimately died of a different ..... nag, if the victim was not involved in the accident, his condition would not have deteriorated and he would not be a victim of subsequent attack of ..... once the injury arising from the accident is found to be the primary cause of death, the claimant should be entitled to get compensation for the loss of life of the ..... because if the victim was not involved in accident, there was no occasion for bringing him to hospital and consequently, he would not have been exposed to ..... whether the victim died consequent to the accident is the decisive factor in determining the amount of ..... , the learned tribunal below, on consideration of the materials on record, came to a conclusion that the deceased was really involved in the accident caused by the vehicle owned by the respondent no. 1. ..... section 173(1) of the motor vehicles act, 1988, ('act') is at the instance of the applicants under section 163a of the act and is directed against the award dated 14th july, 2003 passed by the motor accident claimant tribunal, a & n islands, port blair.2. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007ACJ1423
..... this appeal is preferred against the judgment and order of the learned trial judge of motor accidents claims tribunal (tenth additional district judge, alipore) passed in proceeding under section 166 of motor vehicles act, 1988 (hereinafter referred to as 'the said act') ..... the learned trial judge, on appreciation of evidence, found that the autorickshaw and the said van were involved in the accident and such accident occurred due to rash and negligent driving of the bigger vehicle. ..... in the case at hand, factually there has been neither loss of income nor loss of earning capacity as the lady even after accident continued in the same job and she was found to be fit therefor. ..... in this case, on facts it was found that after the accident a workman was receiving a higher salary as a measure of concession or of grace ..... therefore, the injuries resulting from the accident had not changed her earning capacity. ..... at the time of the accident she was a teacher and after the accident she resumed her duties as a teacher ..... even after accident he could perform the same work and his services were also saleable in ..... in substance there was no loss of earnings, but factually it was found that his partial and permanent disablement was caused by the accident and it was such that it was not possible for him to perform the same work that he performed before the accident. ..... the facts of the case involved in this appeal are stated in short hereunder:the appellant met with an accident on 5.11.1998 at about 11.15 a.m. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007ACJ2058,(2007)2CALLT398(HC)
..... act, 1988, but only schedule i of the said act, 1923 has been incorporated and the definition of partial disablement as appearing in section 2(g) of the said act, 1923, cannot be applied in the case of motor accident claim case controlled and guided by the motor vehicles act, 1988, where under section 163a of the motor vehicles act, the legislature categorically has used the word 'loss of income' and not the ..... examined the gentleman and found that though there was no bony injury in the left ankle, but the x-ray report of 9th april, 2003 which was done immediately after the accident had shown fracture injury in the head of the fibula, hence he opined that there was 25% permanent partial disability as the claimant patient had complained painful stiffness in left knee joint, pain on walking, squatting, ..... this judgment is not applicable as it was under workmen's compensation act and factually therein the claimant deposed that after the accident he was unable to perform the heavy work which was being previously done by him and considering the said fact that the workman was dependent only on manual labour, the court considered ..... in the aforesaid case, consideration of the issue was the future prospect of the injured who suffered an accident and as a resultant effect became permanently disabled and considering the fact claimant, a qualified chartered accountant, was working as accounts manager, the court held that on aspect of future prospect he should be awarded compensation by .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN965
..... now coming to the merit of the matter, from the regulations 135 and 136 as we have already reproduced, it clearly transpires that incumbents are entitled to the benefit of accident and disability leave if they sustain injury caused by accident arising out of or in course of employment, or illness occurred during the course or in consequence of the due performance of duties assigned or in performance of any particular duty which has the effect of increasing ..... petitioner to be careful in future by communication dated 16th september, 1996 and they also rejected the claim of the petitioner for sanction of accident and disability leave for the period from 5.4.1996 to 5.7.1996, therefore the petitioner filed the present writ petition. ..... if the indian airlines authorities wanted to probe the matter in detail to find out whether it was an accident or this accident was actuated under the influence of liquor then the proper course for the indian airlines was to have a regular enquiry ..... which reads as under:in all cases, therefore, where a workman, on going to, or on leaving his work, suffers an accident on the way, the first question to be determined is whether workmen was at the place where the accident occurred in virtue of his status as a workman or in virtue of his status as a member of the public.9. ..... , 1996 was informed by the senior manager (personnel) that his application for sanction of the accident and disability leave was examined and the same could not be accepted as per rules. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal28,100CWN197
..... the mines are statutorily obliged to give a notice of occurrence to such authority in such form and within such time as may be prescribed.section 24 of the mines act reads thus:--'power of government to appoint court of inquiry in cases of accidents - (1) when any accident of the nature referred to in any of the clauses of subsection (1) of section 23 occurs in or about a mine, the central government may if it is of opinion that a formal inquiry into the causes of and circumstances attending the ..... the person holding an inquiry under this chapter shall make a report to the central government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make.' 29 ..... it was pointed out that in the inquiry under section 24(1) of the said act, what has to be investigated is the accident, loss of lives wherein was the end result and thus, scope of the inquiry is distinct and different from the scope of investigation and trial in a ..... it was pointed out that the commission of inquiry has been constituted for the finding out the real cause of accident and thus, the question of making any statement made by the petitioners against themselves does not arise.19. mr. p. ..... the other hand, submitted that an enquiry under section 24(1) of the said act is a formal enquiry relating to the causes and circumstances of the accident and thus the petitioners are not entitled to the protection under article 20(3) of the constitution. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal97,121Ind.Cas.312
..... imputed to bacon in connexion with this collision, and, having regard to the evidence before the marine court of enquiry, and to the findings of the marine court, among others, that the proximate cause of the accident was the blameworthy action of smythe and that on certain important and material issues the evidence of smythe would not be accepted, i am bound to say that i do not find it easy to understand why it was ..... board the rabenfels i feel bound to say that that whereas bacon gays his evidence frankly and with calmness smythe appeared to me to be determined to uphold his theory of the cause of the accident in every detail even on points where it was apparent that it could not be accepted, and in giving his evidence at times he seemed to me to be following his bias rather than his memory. ..... 873 lord blackburn added thatthe nature of the thing, of course, requires that in applying those rules you should look to what the nature of the accident is, and to what the neglect is, and investigating the cause of an accident, specially in a case like the present one where the collision already has been the subject of several enquiries, and much argument and examination has been expended upon alleged ..... 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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal217,67CWN728,(1963)IILLJ580Cal
..... what may come upon him, and then he is to be told that his case is outside the act after putting on unduly restricted and narrow constructions on the same because he is not employed as a workman, because the accident is of a different type, because it does not arise out of and in course of his employment or because he exerted himself deliberately and there was an entire lack of the fortuitous element. ..... the act); whether the employer is liable because of the introduction of a contractor in between the employer and the workman and whether the contractor is a necessary party in the proceeding; whether the type of the accident is such as is outside the scope of the act, and lastly whether the accident 'arose out of and in course of the employment about which phrase lord wrenbury in the case of armstrong whitworth and co. v. ..... contractor and whether he is a necessary party, the general notion is that it at is ordinarily part of a business of a person to execute certain work, then ordinarily he will do that work by his own servants, he is not to escape liability for any accident that takes place merely by interposing a contractor -- the contractor undertaking to do what ordinarily the principal would do for himself. ..... learned advocate appearing for the employer the appellant company, giving rise to the above question which i shall presently deal with he also argued that the accident did not happen within the premises of the appellant company but in the premises of another company, viz. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal143,56CWN523,(1952)ILLJ361Cal
..... (1917) a c 479, which finally decided that a workman employed to go into the streets on his master's business who is injured by a risk of the streets establishes an accident arising 'out of the employment though the risk was shared by all members of the public using the streets in like circumstances.' 15. ..... the judicial committee of the privy council held in each case that the accident to the worker was one 'arising out of the employment' within the meaning of section 3, sub-section 1, of the act above mentioned without it being shown that by reason of his employment he was specially exposed to risk incidental ..... if he is injured by contact physically with some part of the place where he works, then, apart from questions of his own misconduct, he at once associates the accident with his employment and nothing further need be considered. ..... proceedings were brought for compensation and it was alleged that the death was due to an accident arising out of and in the course of the boy's employment.4. ..... the house of lords however held that the accident arose, out of her employment because the fall of the wall on the third party's property damaged the roof of the shed and that was the direct cause of the injury ..... is prepared to concede that the accident was in the course of the employment, but he contends that the accident did not arise out of the employment ..... applicant was the mother of a boy who, it is said, died as the result of an accident arising out of and in the course of his employment. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal893
..... the northern pavement of corporation street about 100 yards to the west of the place where the gharry was standing opposite newgipukur lane, stated that there was no traffics 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. ..... to what extent the negligence of the plaintiff or that of the defendant contributed to bring about the accident, the defendant is entitled to succeed for in pari delicto potior est con-ditio defendentis 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 ..... out of the gharry and run across the road, to turn to the right-hand 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. ..... these principles to 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. ..... bepin behari das, 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 : AIR1951Cal501,55CWN522
..... in which his ship lies with its special risks, to which only those who have business at the harbour are exposed, seems to me to have come within the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment, which he would not have encountered but for his employment.'15. ..... his ship lay, with its special risks to which only those who had business at the harbour were exposed, came within the protection of the workmen's compensation act, 1925, for if he sustained an accident while using that access he sustained it by reason of risks incidental to his employment which he would not have encountered but for his employment.13. ..... i imagine no one would doubt that a maid servant returning home from her night out & meeting with an accident in the private avenue of her master's house, though at a point a quarter of a mile from the house, would be ..... lord macmillan observed:'this at least, however, can be said, that the accident in order to give rise to a claim for compensation must have some relation to the workman's employment & must be due to a risk incidental to that ..... the principles laid down with regard to unexplained accidents he held that the accidents arose out of & in the course of the ..... that place were not risks of the employment, but were risks to which the general public were exposed & therefore he was of the opinion that death was not due to accident arising out of & in the course of his employment.4. mr. .....
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