Court : Patna
..... the appellant filed an application for compensation on the ground of death of her husband jamun sada due to train accident while he was travelling from madhubani to rajendra pul station as a bonafide passenger to attend murna of his nephew at gangaghat but he fell down from train no. ..... rail police itself that the victim died of the accident due to fall from running train and in view of the existence of fir, investigation report by the barauni rail police, the post-mortem report and the final report submitted by the govt. ..... while he was a bonafide passenger and comes within the purview of untoward incident within the meaning of section 124-a of the railways act and the claimant is entitled to get 4,00,000/- as provided in the schedule to the railway accidents and untoward (incidents) compensation rules, 1990. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
..... pointed out that there were inherent contradictions in the deposition of the prosecution witnesses and that the inquiry officer was shown all the defects, that the accident occurred because of the loss of control and not because of overshooting, and also, that the load of 58 boxes "n" was beyond the permissible limit ..... the applicant lastly contended that the applicant tried his best to avert accident and he remained on the loco till the accident took place risking his life. ..... conducted against the applicant giving full opportunity to rebut the charges from 18.1.91 to 11.4.91.he was supplied the joint note (annexure-a/4) prepared by five responsible officers of the department after observation at the accident site, and the list of as many as 8 witnesses. ..... system in the boxes and wagons and the same has been purposely made to shield the guard of 1 up ggc passenger train and cob hahada, cpw-i, latihar, due to whose negligence the accident to the passenger train had taken place.5. ..... the commissioner of railway, safety after the accident conducted trial with load of 58 boxes and ..... after the accident, a joint note relating to the causes of accident was prepared, in which the applicant was held responsible for over shooting signals and the guard was held responsible for not ..... that the applicant was not alert in evading the accident, but it is stated that due to his failure to ensure that the brake power of his train was not adequate to stop as and when required, that the accident took place. .....
Tag this Judgment!Court : Patna
..... looking at the accident, the injury and the physical condition of the petitioner he was granted various kind of leave to help him to recover and over come the trauma of the accident.3. ..... vide letter dated 22.6.1987 the petitioner was advised to appear before the medical board for examination of his disability caused due to accident on duty. .....
Tag this Judgment!Court : Patna
..... in case of fire or other accident the officer in charge of a warehouse shall immediately attend to open it at any hour of the day or night. 8. ..... in case of fire or other accident the officer-in-charge of the warehouse shall immediately attend and open it at any hour of the day or night. .....
Tag this Judgment!Court : Patna
..... it further appears from the discussion in the two judgments that the accident was the result of rash and negligent driving attributable to respondent no. ..... the accident took place on 8-2-1998, as a result of which nakul yadav died on the spot. ..... he was also not in possession of a valid driving licence on the date of the accident. .....
Tag this Judgment!Court : Patna
..... then it cannot be said that the bus was not involved in the accident and that mentioning of the number of the bus in the claim case ..... claim case cannot be construed to be an afterthought and when a large number of eyewitnesses have stated about the involvement of the bus in question in the accident directly and the cross-examination could not dislodge those five witnesses aw 1 to aw 5 then it was rightly held that the factum of the accident occurred by the offending bus has been established.5. ..... in the written statement that the bus was not being driven on the road where the alleged accident had taken place on the date of accident, but it was an afterthought during the course of adjudication. ..... as per the motor vehicles act and rules, when an accident occurs and the same is reported to the police then it becomes the duty of the police to inform the informant or the relatives of the deceased about the number of the ..... the claim case was contested from the side of the appellant by filing written statement therein the accident occurred due to the bus in question has been denied. ..... the bus was being driven negligently in a rash and high speed as a result of which accident occurred and the deceased died almost instantaneously. ..... dablu who was a boy of 10/11 years met with an accident on 6.12.1996 by bus bearing no. ..... for and on behalf appellant, has argued strenuously that the involvement of the bus in question becomes questionable when it appears that soon after the accident when the f.i.r. .....
Tag this Judgment!Court : Patna
..... both parties adduced evidence and on consideration of the evidence on record the tribunal found that it was the bus alone which was responsible for negligence in occurrence of the accident and hence as the insurance company had coverage of the vehicle at the relevant period the insurance company alone was held liable to pay compensation in all the cases. ..... all the above mentioned three claim cases have arisen out of the same accident which had taken place on 24.6.1993 on national highway no. ..... all these appeals have been heard analogously as they arise out of the common judgment and award passed by the 2nd additional district judge-cum-motor accidents claims tribunal, muzaffarpur in claim case nos. ..... it is true that at the time of the accident the deceased was earning a salary of rs. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... submitted before us that the document which were asked for by the insurance company were necessary for consideration of accident benefit scheme because the satisfaction of the l.i.c. ..... 50,000/- more under double accident benefit scheme and on this ground this amount was repudiated. 3. ..... 50,000/- towards the double accident benefit claim with interest @ 9% from 16.3.2001 till the date of payment and rs. ..... 50,000/- under double accident benefit scheme to the complainant and the amount of interest @ 9% due to deficiency on the part of the l.i.c. ..... only on being satisfied that complainants husband died in an accident as he was shot dead, rs. ..... 50,000/- under double accident benefit scheme by the complainants husband is admitted. ..... for making payment under double accident benefit scheme. ..... the double accident benefit cannot be claimed as a matter of right. ..... 50,000/- as of double accident benefit scheme besides interest and compensation. ..... 50,000/- as the sum assured and rs 10,700/- as bonus) but repudiated the claim of further payment under double accident benefit scheme. ..... 50,000/- under the double accident benefit scheme. ..... was essential to come to the conclusion that life assured had died due to an accident. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
..... railway servants loses their lives in the course of duty or got so crippled that they cannot do any work [this also in the course of duty-for example, loco and traffic running staff in charge of trains involved in accidents].xxx xxx xxx xxxxxx (iv) when railway employees become crippled while in service or develop serious ailments like heart diseases, cancer etc. ..... the whole tenor of the written statement filed on behalf of the respondents was that since the deceased met the accident amputing both of his feet only in the preceding night of the date of superannuation and the death occurred few days after the superannuation, the benefit could not be extended to ..... down in the intervening night of 30/31st january, 1995, and got his both the feet amputated on the spot of the accident and, thereafter, after a lapse of about 12 days he succumbed to the injury. ..... is, therefore, established on the record that the deceased got crippled by meeting an accident while going to attend his duty at karha gola. ..... railways, sonpur, and he met a train accident in the intervening night of 39/31st january, 1995, by train ..... question arises of offering any alternative job of the same emoluments in his case because it was a matter only of a day after the accident when he actually superannuated. ..... it is said that the accident took place the mid-night of 30/31st january, 1995, while he was coming back from sonpur after preparing his retirement papers and he fell down from the said train at karha gola railway .....
Tag this Judgment!Court : Patna
..... how pw-1 got his leg amputated, whether in any accident or whether in some other way at any other time or on any other date or in the occurrence as alleged was not at all clear from the evidence of the records. .....
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