Court : Patna
..... 242 of 1999 has fastened the appellant who is admittedly the owner of the vehicle involved in the accident with the liability of paying interim compensation to claimants under section 140 of the motor vehicles act.5. ..... para 5 of the impugned order shows that the factum of accident as well as the factum of death of bablu chauhan in that accident are admitted, this order further shows that the fact that at the time of the accident vehicle was insured is also not in dispute. ..... admitted that vehicle in question was insured at the time of alleged accident but he submitted that according to law it is the owner only who is liable to pay interim compensation to the claimants and in support of this argument decision of this court in m.a. no. ..... to be issued but none of the respondents appeared in spite of valid service of notices on them and the appeal is finally disposed of by this order.appellant has challenged the order dated 24.4.2001 passed by the first additional motor accidents claims tribunal, purnea in claim case no. ..... br 11-2388 and on 1.12.1996 this truck met with an accident resulting in his death. .....
Tag this Judgment!Court : Patna
..... ; [kpz ljdkj ogu djsxh ait is evident that a new provision has been inserted in the 1990 rules, whereby treatment of legislator and ex-legislator for treatment of serious ailments like kidney/ heart cancer, paralysis or a major accident is reimbursable, and further provides for payment of advance in the manner indicated therein. .....
Tag this Judgment!Court : Patna
..... (sc), it was held that the intention and meaning of the policy, in case the vehicle in question was being driven by a person without holding a driving licence, was that the person driving the vehicle at the time of accident must be holding a valid driving licence, otherwise the insurance company was not liable to pay the amount of compensation to the claimants.11. ..... it reveals that under its clause, insurance company, in the event of accident could be liable only if the driver of the ill-fated vehicle was holding a valid driving licence.10. ..... 2 was driving the scooter in question at the time of accident with the permission of its owner, respondent no. 1. ..... narain in the accident by the scooter owned by respondent no. ..... 2 at the time of accident.3. .....
Tag this Judgment!Court : Patna
..... the railway administration in reply neither admitted death of jyoti in the accident in question nor her to be a bona fide passenger.5. ..... the said ill-fated train met an accident at mangra railway station, resulting into the death of one of the daughters, namely jyoti kumari alias rinki kumari.3. ..... the provision of section 2(1)(d)(iii)(b) of the workmen's compensation act was made applicable for compensation in the matter of railway accident under the indian railways act, 1939, which was applicable on the date of the accident in question.8. ..... the claimant-appellant was, therefore, rightly held by the tribunal not entitled to any compensation of his six years old daughter's death if any, in the accident concerned.10. ..... the appellant filed claim petition under section 82a of the indian railways act, 1890 for compensation for the death of his minor daughter jyoti kumari alias rinki kumari in the said accident.4. .....
Tag this Judgment!Court : Patna
ravi s. dhavan, c.j. and r.n. prasad, j. 1. this petition has been filed to challenge the order dated 7th september, 1999 of the central administrative tribunal, patna bench, patna on a claim registered as o.a. no. 353 of 1998 : sri sitaram sah v. union of india and ors., (annexure-13).2. the contention of behalf of the petitioner before the tribunal was to the effect that if ought to make out a direction for appointment of his son on the ground of compassionate appointment for the reason that he was disabled because of an accident during the course of his employment with the railways administration. after a reply was filed by the railways and regard being had to the totality of the circumstance, the tribunal declined to give such a direction.3. the contention of the railways was that for the disability, which was caused because of an accident, the applicant had been paid full compensation. notwithstanding the disability the railways has placed on the record that it permitted the applicant to be in employment until his retirement and was also paid retirement dues.in these circumstances, this court is of the opinion that the tribunal has committed no error.dismissed.
Tag this Judgment!Court : Patna
..... roy appearing for the appellant submits that the order of the learned tribunal is vitiated in law inasmuch as it has failed to notice that on 15.7.1994 the accident took place and on 14.11.1994 the amendment was made by the legislature in section 140 of the m.v. ..... 1298 (kerala), inter alia, has held that the provisions contained in section 140(2) of the act are substantive and not procedural in nature and, as such, right accrues and liability is incurred on the date of the accident and not on the date of consideration of the claim. ..... 12,000 inasmuch as admittedly the accident took place on 15.7.1994 and the amendment in section 140 of the act enhancing the amount of compensation has come into effect from 14.11.1994.12. ..... he submits that when the accident occurred, the amendment provision was not there and under the unamended provision the amount of compensation payable under sub-section (2) of section 140 of the act in respect of death of any person was rs. ..... 25,000 in respect of permanent disablement to be paid by the owner or the insurer of the vehicle involved in the accident.8. .....
Tag this Judgment!Court : Patna
..... it further appears that the ministry of railways government of india (the railway board) had issued a letter dated 4.5.1990 to the effect that in respect of the accidents occurred on 1.4.1990 and onward till the 1990 rules came into force. ..... , after the date of the present accident was not applicable, whereby the rate of compensation in case of death of a bona fide passenger in a train accident was enhanced from rs. ..... in a train accident, on 16.4.1990, one dharambir kumar an 18 years old boy died. .....
Tag this Judgment!Court : Patna
..... edition), discussing the true meaning of the expressions 'violent, external and visible', the author points out that in a large number of cases though the policies insured against bodily injury caused 'by violent, accident external and visible means only', the decisions turned mainly on the question whether or not the particular injury was caused by accidental means:that was because such words as 'violent', 'external' and ..... the general assembly election, 2000 the employees of the state government who were drafted for election duty were provided with a group personal accident insurance cover and to that end a memorandum of understanding was executed by the chief electoral officer, bihar arid the representatives of four ..... priyadarshi next contended that though the death of the petitioner's husband might be called an accidental death, the accident did not result from any violent external or other visible means and, therefore, the death did not qualify ..... miscreants was plainly covered by the expression 'external violent and any other visible means' and the deceased encountering those threats while he had gone to relieve himself was clearly an accident that triggered off the heart attack and, thus, resulting solely and directly into his death. ..... us also examine the other view in which though the distinction between accident resultal and accidentall means is formally maintained, the key restrictive words like accident, external, violent and visible means are attributed a very broad and .....
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..... 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, ..... consider the principle of the workmen's compensation act as res integra, i should be of opinion that the principle was one more akin to insurance at the expense of the employer of the workman against accidents arising out of and in the course of his employment than to the imposition on the employer of liability for anything for which he might reasonably be made answerable on the ground that he ought to have foreseen ..... his own conduct, but it is a peril which would have been faced by any other employee or any other member of the public, then if the accident arises out of such peril, a causal connection is established between the employment and the accident.in this particular case what is established is that the employee while in the course of his employment found himself in a spot where he was assaulted and stabbed ..... death of the workman, the employer will be liable even though the workman may himself have contributed to the accident by being under the influence of drink or drugs or by wilfully disobeying the security measures or removing security .....
Tag this Judgment!Court : Patna
..... coming now to the word 'external' used in the policy cover, it is defined as under: - 'external: in an insurance against 'bodily injury caused by violent, accident, external and visible means' but excepting 'natural disease, or weakness or exhaustion consequent upon disease' 'external' is used in contradistinction to such unnatural cases as disease or weakness.'15. ..... it is contended before us that in absence of any violent or any external injury or any visible injury or any violent injury leading to death, the accident policy would not become operative and the learned single judge in each of the case was wrong to awarding the compensation.8. ..... death resulting from voluntary physical exertions or from intentional acts of the insured is not accidental, nor is disease or death caused by the vicissitudes of climate or atmosphere the result of an accident; but where, in the act which precedes an injury, something unforeseen or unusual occurs which produce the injury, the injury results through accident,' 1a john alan appleman & jean appleman, insurance law and practice; 360 at 455 (rev. ..... 554 where a person intending to scare another with a gun shot him; held not accident), and cases where the cause (such as excessive drinking) although a deliberate act, led to the taking of a risk (such as dangerous driving) which was not deliberate and not appreicated but which was nevertheless the .....
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