Court : Patna
..... , patna and a prescription were produced but the alleged accident which took place on 11.3.1978 and the certificates were from patna doctor issued on 2.4.1993. ..... it was submitted before me that when the accident was not denied, the court had to pass an order of compensation without going into the fact whether there was any negligence on the part of the driver of the vehicle concerned. ..... so, the impugned judgment passed by the tribunal was unjustified when the accident was admitted by owner of the vehicle.4. ..... however, i am of the opinion that it had to be proved by the applicants that satyanand kumar, of course, died on account of or from the impact of accident even assuming for the sake of argument that the alleged accident took place. ..... brc 22 which met with an accident on 11.3.1978 near kalyanpur block. ..... it was submitted before me by the appellants lawyer that in spite of the fact that owner of the vehicle had admitted the accident in his written statement. ..... 23/8, 22/7 and 21/6 of the 1978/1993 were filed by the descendants of deceased one satyanand kumar who died in accident while traveling in bus no. ..... evidence led by all the claimants in all the three claim cases the tribunal dismissed the claims of the appellants on the ground, inter alia, that it was not proved that satyanand kumar died in the accident caused by the aforementioned bus and that his son and daughter-in-law of the deceased received injuries on account of the alleged accident.3. .....
Tag this Judgment!Court : Patna
..... whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of ..... be a misfortune....the time is ripe for serious consideration of creating no fault liability, having regard to the directive principles of the state policy, the poverty of the ordinary run of victims of automobile accidents, the compulsory nature of insurance of motor vehicles, the nationalisation of general insurance companies and the expanding trend towards nationalisation of bus transport, the law of torts based on no fault needs reform.again in ..... for compensation, on the basis of-(i) first information report,(ii) injury certificate or post-mortem report in case of death,(iii) registration certificate of the motor vehicle involved in the accident,(iv) cover note, certificate of insurance or the policy, relating to the insurance of the vehicle against third party risks,(v) the nature of the treatment given by the medical officer ..... of the application for compensation, the claims tribunal shall give notice to the owner, and the insurer, if any, of the vehicle involved in the accident, directing them to appear on a date not later than ten days from the date of issue of such notice, the date so fixed for such .....
Tag this Judgment!Court : Patna
..... however, in the instant case, it was pleaded by the owner's lawyer before this court that as the accident took place on 7th july, 1985 and the owner was provided with the cover note of the insurance policy on 6-7-1985, the insurance policy was not in possession of the owner on 6th july, 1985, the ..... in the instant case, the alleged accident took place on 7-7-1985. ..... bhp 5858 on 7-7-1985 which met with an accident on patna-hajipur road. .....
Tag this Judgment!Court : Patna
..... by or arising out of the use (including the loading and/or unloading) of the motor vehicle.clause (a) of 'limits of liability' reads thus:limits of liability:(a) limits of the amount of the company's liability under section 11-i (1) in respect of any one accident:such amount as is necessary to meet the requirement of the motor vehicles act, 1939.from the above referred stipulations in the insurance policy it stands admitted that the respondent company had undertaken to indemnify the appellant ..... this appeal has been filed under section 173 of the motor vehicles act, 1988 (hereinafter referred to as 'the act'), only by the owner of the vehicle against the award dated 12.3.1992 passed by the accidents claims tribunal, dhanbad, in title (motor vehicle) suit no. ..... the said vehicle met with an accident resulting in death of three persons including one shiban kumar sarkar. .....
Tag this Judgment!Court : Patna
..... the learned advocate of the respondent that as per the fardbeyan of ram bahadur singh (ext.2) which is the basis of the claim case in the alleged accident one palara singh, son of late mahabir singh of village madhurapur had sustained injury, who was admitted to teghra primary health centre on 23.8.1994. ..... and 337 of the indian penal code only but that cannot affect the merit of the case of the claimant because chargesheet was submitted within 5 days of the said accident whereas according to the case of the claimant, the injured ram charitar alias palara singh died after 14 days of the alleged occurrence i.e. on 4.9.94. ..... to depose that the occurrence had taken place due to rash and negligent driving of the driver of the vehicle and i am of the view that in absence of the proof that the accident was caused due to rash and negligent driving of the driver of the vehicle, the compensation as claimed by the claimant cannot be granted. ..... the learned advocate of the respondents that even if it is admitted that the claimant's husband died in a motor vehicle accident, the claimant is not entitled to receive compensation unless it is proved that the accident had taken place due to rash and negligent driving of the driver of the vehicle. ..... liable to pay compensation in absence of any proof that the driver of the vehicle had valid licence and the vehicle in question was insured under the company and that the accident had taken place due to rash and negligent driving of the driver of the vehicle.4. .....
Tag this Judgment!Court : Patna
..... was working on the said tractor as labourer specially when the trailor was also insured alongwith the tractor and there is nothing on record to establish that at the time of accident the tractor and trailor were being used for commercial purpose and not for agricultural purpose. ..... , both the respondents have accepted that the deceased had died in the accident which had occurred on 3.5.1997 and in the said accident the tractor in question was involved which was being driven by shambhu sah ..... zafir that the deceased was an employee of manas kumar mukherjee and at the time of accident he was working as labourer on the offending tractor belonging to manas kumar mukherjee, i find that the said evidence of a.w.1 stands corroborated by the evidence of a.w.2 dinesh yadav who has deposed at paragraph 2 of his cross-examination that ..... manjar who was working as labourer on the tractor which met accident on 3.5.97 had died in a motor-vehicle accident involving the tractor in question and as such the applicants, who are legal heirs of the deceased, are entitled to ..... also proved from the fact that the trailor attached with the tractor was found empty at the time of accident and no other material was found loaded on the said tractor or trailor. ..... argued by the learned advocate appearing on behalf of the owner of the vehicle that since the vehicle in question was insured and the insurance policy was valid at the time of accident, as such the insurance company is liable to pay the entire compensation. .....
Tag this Judgment!Court : Patna
..... pattnaik 1979 acj 455 (orissa), the orissa high court has held that even if the vehicle was not registered in the name of the appellant on the date of accident, he was held liable for compensation because the transaction was complete on payment of the price and delivery of the vehicle. ..... secondly, it is submitted that there is no satisfactory evidence to show that the accident occurred on the date of occurrence in the manner as alleged and also that the vehicle in question was being driven rashly and ..... that view of the matter it cannot be held that the op 1 ceased the ownership of the vehicle on the date of accident and is not liable to pay any compensation on that account. ..... paper was also executed to that effect and thus any liability on account of the accident in question will be on the new owner and not on op 1. ..... has been awarded as compensation against op 1 inclusive of interim compensation under section 92-a of the motor vehicles act with interest of 12 per cent per annum from the date of accident till the date of realisation of the aforesaid amount.6. ..... regards the fact whether the actual accident took place, learned counsel for the appellant has submitted that no case was registered for the accident and thus it cannot be observed whether there was any accident at all. ..... thus on the date of accident karu gope was the owner of the vehicle and was having all the rights and responsibilities with regard to the ..... also alleged that op 1 has no knowledge about the accident dated 22.9.1985. .....
Tag this Judgment!Court : Patna
..... the position was different under the act in which section 110-a (3) prescribed a period of six months for filing an application for compensation from the date of accident, but vested power in the tribunal to entertain such application even after the expiry of the said period of six months, if it was satisfied that the claimant was prevented by sufficient cause from making ..... if they had not filed any petition for claim till 14.11.1994 in respect of the accident which took place on 25.9.1984, in view of the amending act they became entitled to file such claim petition, the period of limitation having been deleted, the claim petition which has been filed ..... their right to get the compensation in connection with the accident in question is being resisted by the other side, appellant herein, on the ground of delay in ..... 1,000 per month during the relevant time of accident, from which '/3rd was deducted towards his personal expenses and so the annual dependency was ..... impressed that parliament from time to time has introduced amendments in the old act as well as the new act in order to protect the interest of the victims of the accidents and their heirs if the victims die. ..... tisu mahto alias basudeo mahto died in an accident while driving the truck (bhv 7125) and his dependants were entitled ..... disposed of with the aforesaid modification in the impugned judgment and award dated 20.12.1996' passed by additional judicial commissioner-cum-motor accidents claims tribunal, lohardaga in claim case no. .....
Tag this Judgment!Court : Patna
..... sub-sections (2) and (3) of section 147 runs as follows :-- sub-section (2):-- subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident up to the following limits, namely; (a) save as provided in clause (b), the amount of liability incurred; (b) in respect of damage to any property of a third party a limit of rupees six thousand,: provided that any policy of insurance issued with any limited ..... according to the learned counsel the new motor vehicles act, 1988 came into force from 1-7-1989 and on 13-8-1989 when the accident took place, the policy issued under the repealed motor vehicles act, 1939 was enforced. ..... the claims tribunal after hearing the parties and after considering the evidence came to a finding that the accident took place due to rash and negligent driving of the trekker bearing registration, no. ..... admittedly, therefore, the accident occurred with the grace period of four months from 1-7-89. ..... on the contrary it is specifically stipulated in the policy that the limit of company's liability in the matter of accident shall be limited to rs. ..... the new act of 1988 came into force on 1-7-89 and the accident took place on 13-8-89. ..... the aforesaid suit was filed by the plaintiff claimants for the grant of compensation on account of death of her husband by reason of motor vehicle accident. .....
Tag this Judgment!Court : Patna
..... circumstances, i am constrained to accept the finding of the tribunal that the appellant company in its written statement admitted the accident on the alleged date and time by the alleged bus and also admitted the fact that the vehicle was insured with the ..... thus, in my opinion, in view of the admitted fact that the death or permanent disablement of the person involved in the accident was with the vehicle which was insured with the appellant company, there is no infirmity in the impugned orders of the learned ..... in view of the specific finding in regard to admission of the appellant company in the impugned order that the accident on the alleged date and time had taken place by the alleged bus which was insured with the appellant company and the submissions aforementioned made by the learned counsel, i repeatedly asked ..... was essential as if it is held that both the vehicles were responsible for the accident, then the owners of both the vehicles and their insurance company would be liable for ..... from the impugned order it appears that in the written statement the company admitted the accident on the alleged date and place of the occurrence and also the death of the deceased in each ..... it provides that where death or permanent disablement of any person has resulted from an accident arising out of the use of motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect .....
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