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Union of India (Uoi) Vs. Ad-hoc Claims Commissioner and ors.

Court : Kolkata

Reported in : AIR1977Cal393,(1977)1CompLJ456(Cal),81CWN649

..... (1) the amount of compensation payable in respect of death or for injuries causing partial disablement or total disablement shall be at the rates set out in the schedule: provided that where more than one injury is caused by the same accident compensation shall be payable in respect of each injury but so that the aggregate amount of compensation does not exceed the amount which would have been payable if a total disablement had resulted from such injuries: provided ..... the claims commissioner in determining the compensation in the cases before us has proceeded on his finding that the claimants were bona fide passengers in one of the passenger trains involved in the accident, in considering the cases of the victims the claims commissioner found in individual cases that permanent partial disability in respect of the injuries sustained by the victim was a percentage of his capacity to do his work which is interpreted vocational or ..... compensation is for the sum total for the pain and suffering and the cumulative effect thereof undergone by the victim for all injuries to which he may be subject on account of the accident, and it is not possible to divide or demarcate the pain and suffering for separata injuries so sustained as pain and suffering is one integrated feeling. ..... we are not concerned for mere pain and suffering undergone by the victim on account of the accident without any personal injury though such compensation for such pain and suffering may be available under the general .....

Kalyani Mondal and ors. Vs. National Insurance Co. Ltd. and ors.

Court : Kolkata

..... to him, normally it is for the plaintiff to prove the negligence but as in some case considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. ..... both the above appeals arise out of the one and same accident claiming compensations under section 140 and under section 166 of the motor vehicles act 1988 ..... because the proof of involvement of the alleged offending vehicle in the accident was not subject matter of scrutiny of the court in any of the above ..... with the application under section 140 of the motor vehicles act 1988, pw 2 deposed that the place of accident was completely under darkness at the time of accident and he was the only person present at the accident point at the material point of time. ..... krishanu banik, learned advocate, submits that the fact of accident as also the cause of death of late dilip kumar mandal was proved before the ..... wmh/7341 had been involved in the accident which caused the death of aforesaid dilip kumar mandal, since ..... 2003 is directed against the judgment and award dated may 7, 2003 passed by the learned judge, motor accident claims tribunal, bankura in mac case no. ..... 2003 is preferred assailing the judgment and award dated june 17, 2002 passed by the learned judge, motor accident claims tribunal, bankura in mac case no. .....

imperial Tobacco Co. (India) Ltd. Vs. Salona Bibi

Court : Kolkata

Reported in : AIR1956Cal458,60CWN378,(1956)IILLJ35Cal

..... appears to me to be beyond argument that if during the continuance of his employment, a workman is required by the conditions of his service to do any particular thing and the act so done involves him in an accident by reason of which he suffers personal injury or death, such accident arises out of and in the course of his employment, even if the act done may not be one of the duties attached to his post, but some other incidental act, required however to be done or necessitated ..... the cases i have just referred to, the decision rests be the fact that apart from the strain of the work which preceded the fatal accident, there was nothing else either in the general condition of the workman's health or any other extraneous circumstances which could account for his sudden ..... and are enforced, it seems to me to be plain that if the stress and strain of the journey did cause or contribute to the workman's death, the accident constituted of such stress and strain arose out of and in the course of the workman's employment. ..... as one of the learned judges put it, there was, at the time when the accident happened, no longer any continuing obligation to serve, no continuing duty to obey and the whole time of the ex-employee had ..... depends on her being able to establish that the death was caused by the instrumentality of something arising out and in the course of her son's employment and secondly that the something was an accident, as the term is understood in law, and not some natural cause of death. .....

Swarup Talapatra Vs. Gargi Talapatra

Court : Kolkata

..... for that reason, no fatal accident took place. ..... even she poured kerosene oil on her body to commit suicide but due to the intervention of the members of the family, she escaped the fatal accident. .....

The Oriental Insurance Co. Ltd. Vs. Smt. Tanushri @ Tanushree Banerjee ...

Court : Kolkata

..... the learned trial judge on consideration of the evidence of record came to the conclusion that the offending truck was responsible for the accident and the death occurred due to rash and negligent driving on the part of the driver of the offending vehicles as it appeared from the ..... in this case, on the application of the said witness of the insurance company who was the defacto complainant of the accident, the learned judicial magistrate ordered fresh investigation and on fresh investigation, charge sheet was submitted against the driver of the offending vehicle although in the earlier investigation, it was found ..... other alternative but to accept the allegation of the claimants unless there is either admission of the claimants or their witness about non-involvement of the vehicle or about the contributory negligence of the victim in the accident or there exists other evidence of unimpeachable nature given by uninterested witness showing falsity of the allegation of the claimants. ..... pointed out earlier, according to the insurance company, the truck in question was not at all involved in the accident and the victim himself was responsible for the death due to his contributory negligence by colliding with the divider of ..... we, thus, find that the involvement of the truck insured by the appellant in the accident and the negligent driving of such vehicle have been proved and we find no reason to interfere with the finding of the learned trial judge on the grounds set forth above apart .....

Sri Tarak Nath Ray Vs. New India Assurance Company Limited

Court : Kolkata

..... at the outset, we observe that when the income tax return was disclosed before the tribunal one of which was submitted prior to the date of the accident the tribunal should not have discarded the same without any cogent reason. ..... to come within the four corners of the motor vehicles act, 1988, to make a claim for compensation one must prove that he was involved in the accident caused by a motor vehicle covered under the insurance policy and such accident disabled him permanently either partial or full. ..... his evidence was contradictory as he deposed that his scooter got involved in an accident of two minibuses which was contrary to his claim petition. ..... he also informed the police that during the accident one of the buses also hit a scooter causing injury to the driver and the pillion rider. ..... erappa basappa bhavihala reported in : 2004 accident claims journal page333.v) united india insurance company limited v. ..... mukherjee, a common phenomena in motor accident cases and his oral evidence. ..... the most fundamental question involved herein as to whether the appellant sustained any injury in the subject accident or not and, if so, whether he was disabled by such accident permanently or not?10. ..... we fully agree that if an accident is caused the victim not only sustains actual damage but also mental stress and agony which cannot be compensated by actual assessment in financial terms ..... hence, from the police report it appears that the appellant was involved in the said accident causing him injury.12. .....

Sarat Chatterjee and Co. (Private), Ltd. Vs. Khairunnessa

Court : Kolkata

Reported in : (1968)ILLJ329Cal

..... regards issue (2) the learned additional commissioner found that no written notice had teen served the opposite party in respect of the accident in question but that the opposite party had received constructive notice of the death from other sources. ..... have very carefully gone through the evidence and find nothing there to suggest that the deceased had received any injury by accident arising out of his employment which could have caused his death. ..... at the evidence i can see no other cause for this accident except the strain of the work that he was doing. ..... learned additional commissioner in coming to a finding that monir sardar's death resulted from an accident arising out of and in course of his employment relied on & presumption. ..... there, of course, the only question of controversy was whether the accident to the deceased arose in course of his employment. ..... appeal we are concerned with only one issue, viz,, whether the death of monir resulted from any injury by accident arising out of and in the course of employment. ..... learned additional commissioner for workmen's compensation framed the following issues for decision at the time of hearing of the claim petition:(1) whether the death of deceased resulted from any injury by accident arising out of and in the course of employment ? ..... , workmen's compensation, who heard the claim petition in connexion with this death held that the claimant had failed to show that the death of the workman had been caused by accident and the claim was dismissed. .....

National Insurance Co. Ltd. Vs. Renuka Saha and ors.

Court : Kolkata

..... compensation in case of a victim aged 35 years, an assistant in oil and natural gas commission, doubled the basic salary and the dearness allowance payable to him at the time of accident and further added the child education allowances and child bus fare for two children payable to the employee in fixing the multiplicand and then applied the multiplier of 13 to the two-third ..... appearing on behalf of the claimants has, however, opposed the aforesaid contentions of mr banerjee and has contended that in case of compensation for death of or bodily injury of a third party arising out of an accident, the present law has not provided any limit as regards the liability of the insurance company as would appear from sub-section (2) of section 147 of the act of 1988, and thus, the submissions sought to ..... case of compensation payable for the bodily injury or the death of any third party who is not a passenger of the said vehicle or who is not an employee involved in the accident in course of his employment as mentioned above, if the injury sustained or the death occurred due to the fault of the driver of the offending insured vehicle, the liability of the ..... the negligence of its driver, if such third party happens to be an employee of the insured and the death occurred or the bodily injury sustained due to an accident in course of his employment, the statutory liability of the insurer will be restricted to the amount payable by the employer as specified in the workmen's compensation of act, .....

Parle Products Limited Vs. Subir Mukherjee

Court : Kolkata

Reported in : (2001)ILLJ964Cal

..... learned counsel appearing on behalf of the appellant has in support of this appeal raised two questions, (1) the respondent was not a workman, and (2) even if he was a workman, the accident did not occur in course of employment and the learned counsel, has placed strong reliance on a decision of the apex court in regional director, e.s.i. ..... 'in this case, the following factors are admitted:(1) that there had been an accident, (2) the accident had a causal connection with the case of the employer inasmuch as the respondent was travelling in the train to attend a conference organised by the appellant in terms of a direction issued in that regard to ..... 92-a, parliament, however, chose to use 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. ..... in that case the claimant was on his way to his place of employment whence an accident took place a kilometer away to the north of the factory as the bicycle which he was riding was hit by a lorry belonging ..... the court held that the manifestation of the physical effects of the accident was so immediate and closely consequent on the fall that it is a reasonable conclusion to draw in the circumstances that it was the accidental fall that had produced the physical effects of pain and hard breathing .....

Prakash Chandra Biswas Vs. New India Assurance Co. Ltd. and anr.

Court : Kolkata

Reported in : AIR2010Cal19

..... the aforesaid documents also support the claims of the appellant/claimant that he was aged 49 years at the fateful time of accident; that he was admitted into shri aurovindo seva kendra for the period from 11-1-1998 to 20-1-1998 for undergoing his operation as a result of fracture and ..... the contention of the learned counsel appearing on behalf of the appellant that the learned tribunal erred in law in holding that the vehicle in question was not involved in the accident for which the appellant as one of the passengers of the same had sustained fracture injury on his person.14. ..... appellant's testimony on oath before the tribunal on the factum of accident has not been demolished, there is no cogent reason for not believing the claimant that he met with an accident due to rash and negligent driving by the driver of the vehicle in question and as a result of such accident he sustained fracture injury on his person resulting permanent disability to the ..... application on the ground that the claimant could not prove that he had sustained multiple injuries coupled with fracture on both the arms on account of road accident which occurred on 7-1-1998 at about 19.30 hours near narendrapur petrol pump within the limits of sonarpur p. s. ..... behalf of secretary, ramkrishna mission ashram, narendrapur mentioning therein only that the vehicle in question was driven rashly and negligently on the date of fateful accident and in consequence thereof the boundary wall of the ramkrishna ashram was broken.17. .....