Court : Patna
..... the very outset i must indicate that in the written statement filed by the owner and insurer of the bus it was not denied that accident did not take place on 12.5.1987 rather the case of the owner of the vehicle is that the accident took place due to rash and negligent driving of an unknown coach which was not identified by anybody. ..... learned counsel submitted that the vehicle in question, namely, amit bus was not involved in the accident on the relevant date and the deceased was not travelling in the said bus. ..... the claimant examined several witnesses including one eyewitness who have consistently stated that the accident took place on 12.5.87 when the deceased was travelling in the said bus. ..... learned counsel drew my attention to some documents and submitted that as a matter of fact the vehicle met with an accident on 17.5.1987 in which no death or personal injury was caused to any person. ..... tribunal after considering the facts and evidence brought on record held that the accident took place due to rash and negligent driving of the driver. ..... tribunal very rightly held that the documents filed by the insurance company relate to another accident and it does not prove that no accident took place on 12.5.1987. ..... also filed which is on the record in proof of the accident occurred on 12.5.1987. ..... to cover unlimited liability in respect of an accident to a passenger. ..... tribunal considered all the documents filed by the appellant in support of the fact that the vehicle met with an accident on 17.5.1987. .....
Tag this Judgment!Court : Patna
..... day the insured (owner) gave a cheque towards the first instalment of the premium and the insurance company issued a cover-note but unfortunately on 31st december, 1993 the maruti van was involved in an accident in which the insured died and the car was completely damaged. ..... in this case also the judgment shows that the accident took place on 18th june, 1997 and the insurance policy was cancelled subsequently on 23rd june, ..... he contended that the owner of the vehicle which caused accident had obtained an insurance policy from the appellant company firstly on 6th june, 1997 effective from 7th june, 1997 to 6th june, 1998 but as the premium of the insurance was paid by cheque on 6th ..... appeal by the new india assurance company limited is directed against the judgment and award dated 22nd august, 2000 passed by the 4th additional motor vehicle accident claims tribunal, muzaffarpur in claim case no. ..... the same day at midnight the truck met with an accident in which three occupants died. ..... that for the same motor vehicle accident, two claim cases viz. ..... if on the date of accident there was a policy of insurance in respect of the vehicle in question, the third party would have a claim against the insurance company and the owner of the vehicle will have to be indemnified in respect of the claim ..... cheque through which the premium was paid was dishonoured would not affect the rights of the third party which had accrued on the issuance of the policy on the date on which the accident took place. .....
Tag this Judgment!Court : Patna
..... submitted on her behalf that she is no doubt a post graduate but is unemployed and now when her parents are no more, she needs financial security for the rest of her life so as to meet eventuality like illness, accident etc.20. .....
Tag this Judgment!Court : Patna
..... this appeal under section 173 of the motor vehicle act, 1988 (hereinafter referred to as the act ) is directed against the judgment and award dated 25.7.2009 passed by the learned district judge-cum-motor vehicle accident claim tribunal, kaimur at bhabua in claim case no. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... but in the photo-stat copy of the fardbeyan annexed by the complainant to his complaint/petition it is specifically mentioned that the tractor met with the accident as its driver was driving the tractor with speed and negligently and in the photo-stat copy of the letter dated 4.10.90 sent by the complainant to the branch manager of insurance company-opposite ..... has been further averred that the complainant has filed the case with altogether false allegations and it has been wrongly alleged by the complainant that the accident occurred due to negligence of the gateman who forget to shut the crossing gate, though the accident had taken place due to negligence of the driver of the complainant in crossing the railway crossing no. ..... 37,000/- from the total value of the tractor on the day of accident as assessed by the surveyor to the state bank of india, narkatiaganj and receipt in respect thereof was granted by the state bank of india, as well as the complainant on 27.11.92 in full and final satisfaction and liquidation of his claim ..... in the complaint/petition he has alleged that the accident took place due to negligence on the part of the cabinman who had not shut up the gumti ..... the tractor and the trailer met with an accident on 1.10.90 with the running train at the railway crossing ..... circumstances it was not unfair on the part of the insurance company to verify about the cause of accident and to ask for the police report. ..... fardbeyan in respect of the accident was recorded at shahdra p.s .....
Tag this Judgment!Court : Patna
..... presented under section 110-a of the motor vehicles act 1939, by the person sustaining bodily injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income etc, (loss to the estate), can on such person's death occurring as a result or consequence of bodily injuries sustained in the motor accident, be prosecuted by his/her legal representative only insofar as the claim for compensation in that claim petition relates to ..... decisions of the supreme court and other high courts held as follows : 'a claim petition presented under section i 10-a of the motor vehicles act, 1939, by the person sustaining body injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income etc. ..... reported in 1991 acj 707, a question came up for consideration whether a claim petition presented under section 110 a of the motor vehicles act, 1939, by the person sustaining bodily injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income etc. ..... court is that evidence is not sufficient to accept the case of the applicant that the deceased at the time of accident was in employment of respondent-owner of the trucks is correct. 8. ..... cannot, on such person's death occurring not as a result or consequence of bodily injuries sustained from a motor accident, be prosecuted by his/their legal representatives, but ii. .....
Tag this Judgment!Court : Patna
..... after deciding the aforesaid issues and holding the owner liable for the same, the tribunal held that the owner is, of course, liable for the accident but, on account of contractual liability, the insurance company is vicariously liable to indemnify the owner at present and later on, according to the law, the insurer may proceed to recover the money paid to the claimant, if it is proved that ..... the insurer - company contested the proceedings by filing the written statement and raised certain objections, such as, the driver had no valid license at the time of accident and the owner of the alleged vehicle had deliberately handed over the vehicle to the driver, who had no valid license. ..... learned counsel further contends that in the aforesaid decision, the apex court was considering the death of a minor in the accident, who was a non-earning member, whereas in the present case, it has been held by the tribunal that the deceased was an earning member and the claimants were dependent upon him and, therefore, has ..... firstly, that the vehicle in question was insured as a private vehicle but at the time of accident, the same was being used as passenger vehicle on hire in violation of the terms and conditions of the insurance policy concerned and, thus, the insurer was not liable to indemnify the owner, and, secondly, that ..... (iii) whether the deceased tulsi ram had died on 13.6.03 in motor vehicle accident arising out of use of the offending vehicle jeep no. .....
Tag this Judgment!Court : Patna
..... and the cover note was procured by the owner after suppressing the material fact of the accident, thereafter, the aforesaid cover note was cancelled and communicated to the owner of the vehicle under registered post with the premium amount through cheque which was returned to the insurer as it was refused. ..... he has also submitted that when the insurance company came to know about the accident by the offending vehicle, the cover note was cancelled and the amount of premium was returned. 9. ..... agrawal when he came to know about the accident and why he issued cover note on 24.12.1999 at 21:40 p.m. ..... later on, after the accident the said mahendra agrawal, development officer, an authorized representative of the insurance company, came to her and requested to give the original cover note to him after completing the necessary formalities for insurance he would return. ..... the accident had taken place on 24.12.1999 at about 7-15 p.m. ..... when the insurance company came to know about the involvement of the vehicle in the accident on 24.12.1999 at 7-15 p.m. ..... the accident was admitted and it was stated that the vehicles were insured with the appellant and the photocopy of the cover note issued by sri mahendra agrawal, development officer of the oriental insurance company ltd. ..... the accident was reported to kishanganj police station and kishanganj p.s. ..... , at the time of accident. .....
Tag this Judgment!Court : Patna
..... lodged against the accident, the informant has alleged that the deceased died on account of accident with bus bearing registration no. ..... as regards payment of interim compensation to the claimants opposite party is concerned, learned counsel for the petitioner contended that the petitioner had denied the involvement of his bus in the accident which resulted in death of the deceased. ..... 25,000/- to the claimant opposite party on the basis of the statements of witnesses recorded in the course of investigation of the police case wherein the witnesses stated that the deceased died on account of accident with bus bearing registration no. ..... claims tribunal has passed order for payment of interim compensation on the basis of statements of witnesses recorded in the course of investigation of the police case, without holding enquiry as to which of the buses was, in fact, involved in the accident. ..... but the claims tribunal passed order for payment of interim compensation without holding enquiry as to which of the buses was involved in the accident. ..... brd 7879, appeared and denied the involvement of this bus in the accident. ..... 2 to 5 in an accident with bus bearing registration no. .....
Tag this Judgment!Court : Patna
..... writ petitioner's father was an employee of the court who died in a road accident on 2.8.1994, while in service. .....
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