Court : Patna
..... having chided the two children, informant asked them to go back to their home as on the road they were likely to meet with an accident. ..... informant chided the children asked them to go back home, as on the road, in the evening time they were likely to meet with accident. .....
Tag this Judgment!Court : Patna
..... not be so liable- (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days; (b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to- (i) the workman having been at the time thereof under the influence of drink or drugs, or (ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the ..... present case, the finding arrived at by the commissioner that he died on account of some old enmity and his death was not the result of an accident arising out of and in the course of his employment has been arrived at by him by overlooking the material evidence on the record and relying upon ..... the madras high court in the aforesaid circumstance held that there was causal and proximate connection between the employment and the accident and the accident will be treated to have arisen out of and in the course of his employment and, as such, the applicant ..... that the deceased was not a workman as defined under section 2(1)(n) of the act and even assuming that he was a workman, he did not die by an accident arising out of and in the course of his employment and, as such, the applicant is not entitled to compensation under the act. 7. ..... court took the view that he had been at the spot because of his employment and, as such, the accident has arisen out of and in the course of his employment and the employer is liable to pay the .....
Tag this Judgment!Court : Patna
..... (4) 3106 patna 15 dated 20-12-1990, the surrender of the vehicle could be accepted only under the following circumstances :-- '(a) if the vehicle is involved in any accident resulting in extensive damage; (b) if the vehicle is seized by the police or under the order of the court and remained in seizure for a period of one month; and (c) major repairs of the vehicles which is expected to take more than ..... '(a) if the vehicle is involved in any accident resulting in extensive damage; (b) if the vehicle is seized by the police and had been in seizure for a period of one month; and (c) major repairs of the vehicles which is expected to take more than one month.' 33. .....
Tag this Judgment!Court : Patna
..... one harendra mahdo died due to accident caused by motor vehicle (bus) bearing no. ..... 98 of 1994 filed by the widow chandra kala devi for the death of her husband in motor vehicle accident on 12-7-1994 by bus bearing no. b.r. ..... the said claim case was filed by the father with regard to death of his son dhanjay in a motor vehicle accident by motor vehicle no. ..... the judgment and award passed by the motor vehicles claims tribunals (hereinafter referred to as the tribunal) allowing the claims under the motor vehicles act (hereinafter referred to as the act) with regard to motor vehicles accident. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... it is not disputed that the complainant sustained severe fracture in the left thigh in an accident on 6.2.1996 and he was under the treatment of dr. ..... the brief facts of the complaint case are that the complainant sustained a severe fracture of bone in left thigh in a bus accident on 6.2.1996. .....
Tag this Judgment!Court : Patna
..... appellant-corporation in its written statement challenged the maintainability of the claim petition and it was contended that the accident had taken place on account of rash and negligent driving of the driver of the car. ..... rajendra prasad who have deposed as eye witnesses to the occurrence that the accident had taken place on account of rash and negligent driving of the offending ..... learned additional claims tribunal on consideration of the evidence has held that the accident took place on account of rash and negligent driving of the offending bus and the appellant-corporation was liable to pay the compensation to the claimant-respondent to the tune of ..... the national insurance company in its written statement has contended that the accident had taken place on account of rash and negligent driving of the driver of the ..... no separate issue was required to be framed as to whether the accident had taken place on account of rash and negligent driving of the car ..... it appears that an issue was framed as to whether the accident had taken place on account of rash and negligent driving of the offending bus ..... , amply proves the fact that the accident had taken place on account of rash and negligent driving of the bus and there was no laches and negligence on the part of the driver of ..... shri roy further contended that the accident had taken place on account of contributory negligence on the part of the driver of ..... i do not find any reason to interfere with the award of accident claims tribunal. .....
Tag this Judgment!Court : Patna
..... framed four issues for consideration (i) whether or not the claim cases are maintainable, (ii) whether or not the claimants have got cause of action and right to file the case, (iii) whether or not the alleged accident took place on the alleged date, time and place of occurrence by deluxe coach no. b.p.p. ..... in the jaya case (supra), the deceased was riding pillion on a two-wheeler when it met with an accident with a truck insured by the appellant therein. ..... a single judge of this court held that an accident had taken place on 8th may, 1988 when the bus of the present appellant dashed against the scooter on which the two deceased were travelling leading to their demise. ..... likewise the issue of fact of the accident occurring by the vehicle in question belonging to the appellant is also concluded by concurrent findings of the tribunal and the first appellate court. ..... a suggestion was also made that in fact no accident had occurred by the bus in question.11. m.a. ..... 23 and 26 of 1998 arose out of an accident on 8th may, 1988 leading to the demise of two advocates, dwarika prasad and kamlesh prasad assessed to be approximately 58 years and 30 years of age respectively. ..... 81.82 caused the accident on 8th may, 1988, dashing against scooter ridden by the deceased leading to their instantaneous death.7. ..... the single judge further held that there appeared to be no clause to pay any amount of compensation in excess of statutory liability to a passenger or any other person who met with the accident. .....
Tag this Judgment!Court : Patna
..... appellant corporation in its written statement challenged the maintainability of the claim petition and it was contended that the accident had taken place on account of rash and negligent driving of the driver of the car. ..... however, evident from the evidence of vijay kumar pariwal, aw 3 and rajendra prasad, aw 5, who have deposed as eyewitnesses to the occurrence that the accident had taken place on account of rash and negligent driving of the offending bus. ..... learned additional claims tribunal on consideration of the evidence has held that the accident took place on account of rash and negligent driving of the offending bus and the appellant corporation was liable to pay the compensation totaling ..... no separate issue was required to be framed as to whether the accident had taken place on account of rash and negligent driving of the car ..... it appears that an issue was framed as to whether the accident had taken place on account of rash and negligent driving of the offending ..... in its written statement has contended that the accident had taken place on account of rash and negligent driving of the driver of the ..... , amply prove the fact that the accident had taken place on account of rash and negligent driving of the bus and there was no laches and negligence on the part of the driver of ..... roy further contended that the accident had taken place on account of contributory negligence on the part of the driver of ..... i do not find any reason to interfere with the award of accidents claims tribunal. .....
Tag this Judgment!Court : Patna
..... the mere accident that when the matters came before the tribunal the appeals had to be heard by the delhi bench of the income-tax appellate tribunal because at that time there was no bench of the tribunal at jaipur, cannot .....
Tag this Judgment!Court : Patna
..... consideration of the documentary and ocular evidence the tribunal arrived at the finding that it was fully proved that the bus in question bpp 8182 caused the accident on 8-5-1988, dashing against scooter ridden by the deceased leading to their instantaneous death.7. ..... for consideration (i) whether or not the claim cases are maintainable, (ii) whether or not the claimants have got cause of action and right to file the; case, (iii) whether or not the alleged accident took place on the alleged date, time and place of occurrence by deluxe coach no. ..... case : [2002]1scr298 (supra) the deceased was riding pillion on a two wheeler when it met with an accident with a truck insured by the appellant therein. ..... a: single judge of this court held that an accident had taken place on 8-5-1988 when the bus of the present appellant dashed against the scooter on which the two deceased were travelling leading ..... likewise the issue of fact of the accident occurring by the vehicle in question belonging to the appellant is also concluded by concurrent findings of the tribunal and ..... suggestion was also made that in fact no accident had occurred by the bus in question.11. ..... 23 and 26 of 1988 arose out of an accident on 8-5-1988 leading to the demise of two advocates, dwarika prasad and kamlesh prasad assessed to be approximately 58 years and 30 ..... held that there appeared to be no clause to pay any amount of compensation in excess of statutory liability, to a passenger or any other person who met with the accident. .....
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