Court : Patna
..... this appeal has been filed against the judgment and award dated 20th december, 1996, of the motor vehicle accident claim tribunal, presided over by shri bishwanath prasad singh, 1st additional district judge, palamau, daltonganj, in v.m. ..... however, the learned counsel for the appellant submitted that no interest has been awarded though the accident took place in the year 1987 and the award was given in 1996. ..... 16,000/- as the expenses incurred on his treatment during that period and apart from it he also claimed compensation for his agony and shock on account of the injury suffered by him in the said accident. ..... it appears that the appellant has suffered some loss on account of injury caused to him in an accident. .....
Tag this Judgment!Court : Patna
..... learned court below held that the accident occurred due to negligence of the driver and as such held that the claimants are entitled to compensation. ..... the truck in question met with an accident when the driver of the vehicle lost control over the same and it was overturned near village nawada due to mechanical defects. ..... dis trict judge-cum-motor accidents claims tribunal, singhbhum (west) chaibasa.2. .....
Tag this Judgment!Court : Patna
..... the moot question to be decided by the tribunal was whether there was an accident inv involving the truck, in question, and the cycle on which the deceased and rw. ..... it is unfortunate that he failed to apply his judicial mind on the facts on record and came to a wrong finding rendering the alleged accident in which the deceased, son of the appellants, died. ..... it is, therefore, held that dharamchandra kumar, the son of the appellants, died in the accident caused by the truck, in question, owned by umrawati devi. ..... the accident in this case occurred in the year 1993 and the motor vehicles amendment act, 1994, came into force in november, 1994, so, the liability of the owner and the insurance company was incurred on the date of .....
Tag this Judgment!Court : Patna
..... the right to receive compensation on the principle of 'no fault liability' and the corresponding liability accrued on the date of accident is not dependent on the legislative changes that may take place during the pendency of the application seeking compensation.9. ..... the provision of section 140 of the new act cannot be made restrospectively applicable to the instant case of accident, which took place on 17.6.1988. ..... in the present case, the accident took place on 17.6.1988, when the motor vehicles act, 1939 (hereinafter referred to as the 'old act') was inforce. ..... in fact, it is the date of accident, which is relevant and the liability has to be discharged with reference to the statutory provisions of the act, which was in force on the said date.8. .....
Tag this Judgment!Court : Patna
..... furthermore, by referring several decisions of hon'ble apex court, argument has been advanced on behalf of the respondents that in case of death of or personal injury caused to workmen in motor accident arising out of and in course of employment, liability of insurance company under section 147 of the act exists under mv act also because such workmen like driver, conductor, coolie etc. ..... it has been further submitted that the claim in respect of death of a motor mechanic due to motor accident in course of trial of repaired vehicle on public place is covered under mv act and policy of insurance because when the owner of the vehicle entrusts his vehicle to a repairer to carry out repairs, he is in fact allowing the repairer to use ..... subash chandra jha, j.this appeal has been preferred against the judgment dated 6.3.2002 and award signed on 10.10.2002 passed by the third additional district judge-cum-motor accident claims tribunal, bhagalpur, in claim case no. ..... if any accident occurs either to third party or to the mechanic himself, the owner is vicariously liable to third party or to mechanic himself, the owner is vicariously liable consequently if the vehicle is covered under insurance policy then the insurer is also .....
Tag this Judgment!Court : Patna
..... the insurance company took the plea that the alleged accident took place due to rash and negligent driving of the driver of the aforesaid jonga jeep which was overloaded and was being driven negligently.5. ..... in the claim petition it was alleged that the said accident occurred due to excessive and sudden speed of the said truck bearing registration no. ..... the jonga jeep met with an accident while going towards barhi side with a truck bearing registration no. ..... due to impact of the accident tribhuwan sao fell down on the road and was crushed under the wheel of the truck, as a result of which he died on the spot.3. .....
Tag this Judgment!Court : Patna
..... on the basis of evidence on record the tribunal found that chandrika prasad was killed in the accident in question and the claimants being his dependants were entitled to a sum of rs. ..... the entire liability for payment of compensation, if any, in respect of the accident in question was of the insurer.6. ..... 1 and 2 were not liable for any claim due to the alleged accident. ..... against the impugned judgment and award passed under the provisions of the motor vehicles act, 1988 (for short 'the act') in favour of the claimants on account of the death of one chandrika prasad on 10.1.1990 in a road accident.2. .....
Tag this Judgment!Court : Patna
..... these five appeals are directed against the common judgment and award dated 16th november, 1995 passed by the district judge-cum-motor vehicles accident claims tribunal, katihar in different claim cases, mentioned in the impugned judgments and so they were heard analogous and are being disposed of by this common judgment. ..... the compensation amounts were granted to the claimants of the relevant cases on account of death of their kith and kin in a motor accident that occurred on 15th april, 1990. ..... however, on perusal of the impugned judgment, i find that on evidence adduced by the parties, the tribunal came to the conclusion that the truck driver was solely responsible for causing the alleged accident. .....
Tag this Judgment!Court : Patna
..... the moot question to be decided by the tribunal was whether there was an accident involving the truck, in question and the cycle on which the deceased and pw 2 were riding. ..... it is unfortunate that he failed to apply his judicial mind on the facts on record and came to a wrong finding rendering the alleged accident in which the deceased, son of the appellants, died. ..... it is, therefore, held that dharamchandra kumar, the son of the appellants, died in the accident caused by the truck, in question, owned by umrawati devi. ..... the accident in this case occurred in the year 1993 and the motor vehicles amendment act, 1994, came into force in november, 1994. .....
Tag this Judgment!Court : Patna
..... be proper to assess the compensation on lump sum basis to be paid to the claimants keeping in view the age of the girl and the family background as also the fact that the entire family was involved in the accident, but were not paid any compensation as alleged.8. ..... governed by the principle of multiplier, which was inserted on 14.11.1994 by act 54 of 1994 and the accident took place on 10.11.1992, i.e. ..... br 21-m-7657, which met with an accident at badri vishal nagar.2. ..... , as is contended by the learned counsel for the appellant, keeping in view the status, financial condition of the family, future expectancy and loss of love and affection, especially when the entire family was involved in the accident.4. .....
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