Court : Patna
..... the truck was going on wrong side of the road and the accident took place as the driver of the truck was driving the vehicle in a rash and negligent manner. ..... similarly, other deceased suresh chandra giri, kusum pandey and pappu pandey also died due to the accident and gita pandey and asha pandey sustained injuries. ..... at the time of the accident he was working in carew company, asansol and he has got his independent transport business. ..... kusum pandey also died in the accident. ..... an accident took place between madho bigha and orhanpur villages within the nawadah municipality. ..... the appellant is the widow of suresh chandra giri who was killed in the accident.5. ..... these appeals were heard analogously in view of the fact that the deceased and the injured were occupants of one car which met with a fatal accident.m.a. no. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... submitted that complainant has miserably failed to produce any evidence including the evidence of an expert that there was any negligence on his part when he was attending the patient on the first date of her accident, that is, 7.10.1994 and treated her and gave her first aid. ..... -doctor was negligent in attending the patient when she was brought in his clinic on the first date of her accident. .....
Tag this Judgment!Court : Patna
..... it was also submitted by him that while on way to the village the tractor met with an accident and it fell down in a canal causing the death of the deceased. ..... 11 of 1998, whereby the learned district judge-cum-motor accidents claims tribunal has dismissed the petition of the claimants under section 140 of the motor vehicles act.2. ..... the appellant-claimant has filed this appeal against the order dated 11.12.1998, passed under section 140 of motor vehicles act by the district judge-cum-motor accidents claims tribunal, sasaram, in motor vehicle claim case no. ..... , was that the vehicle involved in the accident was a tractor which was insured for the agricultural purposes and it was not permissible for the owner of the tractor to carry any passenger on it. ..... in the facts and circumstances of the case, the impugned order dated 11.12.1998 passed by the district judge-cum-motor accidents claims tribunal is not tenable in law. ..... learned district judge-cum-motor accidents claims tribunal has mentioned in the impugned order, dated 11.12.1998, that the deceased was not only a gratuitous passenger rather he had opted himself for being carried in the tractor and it is not that the ..... the copy of the insurance policy which had been filed in the court below show that the policy was valid from 8.2.1997 to 7.2.1998 and the said accident had taken place on 22.9.1997. ..... admittedly, when the accident of the tractor had taken place the insurance policy in respect of the tractor was valid.6. .....
Tag this Judgment!Court : Patna
..... the claims tribunal further held that since the insurance company did not dispute the insurance of the vehicle on the date of the accident, so it shall be held liable for payment of the compensation jointly and severally. ..... this appeal is directed against the judgment and award dated 3.7.1999 passed by the 1st additional motor accident claims tribunal, jamshedpur, awarding a sum of rs. ..... (iv) whether the accident as alleged in the claim application took place due to rash and negligent driving of the driver op no. ..... at the time of accident, truck was insured with the appellant insurance company. ..... brw 8931, or whether the deceased was himself negligent in driving his scooter at the time of accident? ..... in the written statement, the owner of the vehicle disclosed the description of the policy which was effective on the date of the accident. ..... khan in a motor vehicle accident.3. .....
Tag this Judgment!Court : Patna
..... 76,000 shall be payable by devendra kumar dubey with interest at the rate of 6 per cent from the date of the accident till the date of payment within a period of three months from today which shall be paid by a/c payee cheque or a/c payee demand draft in favour of opposite party no. ..... 9 herein, the owner of the vehicle, namely devendra kumar dubey along with interest at the rate of 6 per cent from the date of accident till the date of payment within a period of three months from today. ..... 50,000 with interest at the rate of 18 per cent from the date of the accident till the date of payment along with costs of rs. ..... 50,000 with interest at the rate of 18 per cent from the date of accident (i.e. ..... 1,26,000 with interest at the rate of 6 per cent with effect from the date of the accident, i.e. ..... 1,26,000 to the applicants with interest at the rate of 6 per cent from the date of the accident, i.e. .....
Tag this Judgment!Court : Patna
..... trilok chandra, 1996 acj 831 (sc), the apex court has considered the application of multiplier method for determining just compensation in fatal accident cases and reiterated the correct principles and laid down the maximum multiplier to be adopted. ..... , the insurer of the jeep filed another written statement challenging the maintainability of the claim cases and, inter alia, stated that the accident took place due to laches on the part of the jeep driver. ..... at the relevant time according to the provisions of section 95 (2) (b) (ii) of the motor vehicles act, 1939 the said policy was to cover any liability incurred in any one accident in respect of passengers up to the limit of rs. ..... 750 which he was drawing at the time of the accident, which came to rs. ..... two daughters, namely, sweta kumari and shruti kumari as well as meena jha, the widow of amitabh chandra jha, his mother shakuntala jha and two sons, namely, shitikanth and anshuman before the motor accidents claims tribunal.5. ..... in the present case, there was no special contract between the owner of the jeep and the insurance company to cover unlimited liability in respect of an accident to a passenger. ..... the accident occurred due to rash and negligence on the part of the jeep driver. .....
Tag this Judgment!Court : Patna
..... the claims tribunal further held that since the insurance company did not dispute the insurance of the vehicle on the date of the accident, so it shall be held liable for payment of the compensation jointly and severally. ..... this appeal is directed against the judgment and award dated 3.7.1999 passed by the 1 st additional motor accidents claims tribunal, jamshedpur, awarding a sum of rs. ..... (iv) whether the accident as alleged in the claim application took place due to rash and negligent driving of the driver op no. ..... at the time of accident, truck was insured with the appellant insurance company. ..... brw 8931, or whether the deceased was himself negligent in driving his scooter at the time of accident? ..... in the written statement, the owner of the vehicle disclosed the description of the policy which was effective on the date of the accident. ..... khan in a motor vehicle accident.3. .....
Tag this Judgment!Court : Patna
..... claimants of the aforesaid claim case had preferred an application under section 166 of the motor vehicles act, 1988, for compensation on account of the death of his minor child, 4 years old, who was allegedly killed in an accident that occurred on 7.5.1993. ..... however, it has become customary for the owner of a vehicle, which caused accident to shift their liability upon the insurance company and wash their hands off all the liabilities incurred on account of the alleged accident. ..... the alleged accident took place in the year 1993 when the motor vehicles act, 1988, was in force and, therefore, the compensation should not have been calculated on the principles as laid down in the motor vehicles amendment ..... the accident was caused by a motor vehicle bearing registration no. ..... i find that in the instant case a child of four years died in an accident. .....
Tag this Judgment!Court : Patna
..... 2 (the father-in-law of the deceased) that the daughter of the complainant had met with an accident in patna and was no more. .....
Tag this Judgment!Court : Patna
..... in the facts and circumstances stated above, it can be held that the deceased died due to the accident arising out of the fire coming out from the oil when oil tank of the standing vehicle burst. ..... since the occurrence has not taken place due to any accident, the insurer is not liable to pay the amount of compensation and the learned tribunal has rightly held that it was not an accident and , as such, no amount of compensation is payable to the claimants. ..... 4 of 2009/2 of 2008 by the additional district judge cum motor accident claim tribunal, jehanabad, whereby the claim for compensation under the motor vehicles act has been dismissed. 2. ..... in s.92-a covers accidents which occur both when the vehicle is in motion and when it is stationary. ..... connotation to cover the period when the vehicle is not moving and is stationary and the use of a vehicle does not cease on account of the vehicle having been rendered immobile on account of a break-down or mechanical defect or accident. ..... 1) at the time of the accident. 4. .....
Tag this Judgment!