Court : Patna
..... the owner and driver of the vehicle has preferred this appeal challenging the finding that the accident took place and the claimant was injured for the fault of the driver of the vehicle and in alternative the quantum of ..... suresh prasad, counsel for the appellant that there was no eye-witness to support that the accident took place on account of rash and negligent driving and that the claimant being unemployed could not have been presumed to be ..... impugned order and, in my opinion, rightly come to the conclusion on the basis of the evidence on record that the accident had taken place due to rash and negligent driving of the driver of the vehicle. ..... examined by the owner of the vehicle was also not present at the time of the accident and so he was not in a position to say anything about the fault of the ..... , the claimant was not entitled to any amount of special damages in respect of earnings as a result of the injuries because he was not earning anything and was unemployed at the time of the accident there was no occasion for the stoppage of the earnings on account of the injuries. ..... on behalf of the claimant, pws 1,2 and 3 have been examined to prove that the accident in question, were in anjan banerjee sustained injuries took solely on account of the fault on the part ..... loss of earnings upto the date of the hearing of the claim, in my opinion, the injured has to show that he was earning at the time of the accident and that the earning stopped or was reduced on account of the injury. .....
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..... jhamku bai 1993 acj 324 (mp), observed as under:the interim award under appeal has been challenged by the appellant insurance company on two grounds: the first ground of challenge in that since the motor accident in question resulting in the death of deceased took place on 15.3.1989 when the new motor vehicles act of 1988 had not come into force and the provisions of the old motor vehicles act, ..... due to erosion of value of currency and inflation in price but with due respect to the rajasthan high court such a view overlooks that the right and the corresponding liability accrued on the date of accident and that the cause of action cannot be made dependent upon the legislative changes which may be affected during the pendency of proceeding for seeking compensation. ..... a policy of insurance, subject to the proviso to sub-section (1) of section 95 of the act of 1939 shall cover any liability incurred in respect of any one accident up to the limit specified in sub-section (2) of section 92 of the act of 1939.in the instant case, i am concerned with the question of liability of the insurance company under the act of 1939 in a case where there is a death or ..... 399 (mp), a division bench of the madhya pradesh high court while deciding a question as to whether liability of insurance company shall be unlimited in view of section 147(2)(a) of 1988 act even in a case where accident took place when act of 1939 was in force has observed as under:this court had occasion in shivchand amolakchand v. .....
Tag this Judgment!Court : Patna
..... while disbelieving the case of the claimant the tribunal has given much weight to the statement of the informant recorded in the fardbeyan in which date of accident has been mentioned as 26.2.1994 instead of 27.2.1994 but in my view, it is only a clerical mistake and the actual date of occurrence is ..... case the non-examination of any witness who has been cited as chargesheet witness of the criminal case lodged in connection with the accident does not adversely affect the merit of claim case and cannot be a ground to disbelieve or discard the evidence of the witnesses examined ..... he submitted that the finding of the tribunal that the claimant has failed to examine the chargesheet witnesses on the point of accident and the witnesses, who were examined on behalf of the claimant, have not been shown as chargesheeted witnesses so their testimony should ..... this finding of the tribunal and hold that the claimant has successfully proved that the accident in which mohan sah, husband of the claimant, had lost his life was caused ..... although the tribunal has come to the finding that the deceased (mohan sah) had died in accident but the tribunal held that there is no reliable evidence on record to hold that the truck ..... 10,000/- per annum will be loss of annual dependency on account of death of deceased mohan sah caused in motor accident and keeping in view of the age of the deceased which was assessed by the doctor at 65 the multiplier of figure '5' will be the correct multiplier and thus, the .....
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..... it is clear from the provision of section 3 of the workmen's compensation act that even if a workman after accident suffered from other ailments like in the instant case, which resulted in his death, his dependents are entitled for compensation ..... even so the house of lords held that the rupture of aneurism was an injury by accident as it was an unexpected event so far as the workman was concerned and that this accident arose out of his employment as the strain of work in which he was engaged, however, ordinary it may have been, was in fact ..... section 3 of the workmen's compensation act provides that if 'personal injury is caused to a workman by accident arising out of and in course of his employment his employer shall be liable to pay compensation in accordance ..... on broad analysis of the material before the court, it can be said that the accident which resulted in any injury was in the course of employment or out of employment. ..... single judge, gu-jarat high court held that accident is an event happening to a man not ..... ltd, 1988 (ii) lln 62, the injury sustained by the workman by accident arising out of and in the course of employment resulted in death after about six months it was held that the death need not be a direct result of the injury even if it has contributed ..... of the subject interpretation of section 32 of workmen's compensation act, held that the liability for payment of compensation arises only when actual physical accident and consequential personal injury has resulted. .....
Tag this Judgment!Court : Patna
..... with respect the rajasthan high court such a view overlooks that the right and the corresponding liability accrued on the date of accident and that the cause of action cannot be made dependent upon the legislative changes which may be effected during the pendency of proceeding ..... acj 399, a division bench of the madhya pradesh high court while deciding a question as to whether liability of insurance company shall be unlimited in view of section 147(2)(2)(a) of 1988 act even in a case where accident took place when act of 1939 was in force has observed as under:this court had an occasion in shivchand amolokchand v. s.t.a.a. m.p. no. ..... to receive compensation on the principle of 'no fault liability' and the corresponding liability accrues on the date of the accident and is not made dependent on the legislative changes that may take place during the pendency of the application seeking ..... as interim compensation in purposed exercise of jurisdiction under section 140 of the act of 1988 in respect of a claim arising out of an accident occurred when the motor vehicles act 1939 (hereinafter referred to as 'the act of 1939) was in force, is in accordance with law ..... section 92-a of the act of 1939 provides that where death or permanent disablement of any person as a result of accident arising out of the use of the motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the motor vehicles shall jointly and severally be liable to pay compensation .....
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..... the observation of the court below that non-filing of charge-sheet in this case makes it to conclude that the appellants have not succeeded to prove that alleged accident took place by tractor in question is also not a correct finding which is against the established principle of law that findings given in a criminal case cannot be taken aid in compensation case like of ..... of the tractor, who appeared in this appeal, has submitted that he purchased the tractor in question on 23.3.1994 and admittedly accident had taken place on 20.4.1991, much prior to the purchase of tractor by him and therefore, he is not at all liable to pay compensation because at the time of purchase of tractor he had no information about this accident and question of his admitting any liability on the tractor for a period before its purchase by him does not arise. ..... the tribunal i find that it is true that in his evidence he has not said that he lodged any case with police for the accident but then when fardbeyan and fir were already on record and were marked exhibits and which have not been challenged, his silence on the point of lodging fir for the accident cannot be a ground for coming to a conclusion that no case was lodged with police for the ..... 'in view of the above discussions, i find that i am not taking any help of judgment of any criminal court, but i must stick to the fact that the applicant must prove that the accident took place by the vehicle as alleged in the petition under section 166 of the m.v. .....
Tag this Judgment!Court : Patna
..... 10 to cover unlimited liability in respect of an accident to khalasi. .....
Tag this Judgment!Court : Patna
..... also stated that the deceased arvind kumar was not having driving licence and he was driving the motor cycle with two pillion riders violating the motor accident rules and as such the whole accident occurred due to the negligence and violation of the motor vehicle rules by the deceased and as such the claimants are not entitled to any compensation for ..... the claim case was bad for non joinder of the parties namely, the insurance company of the motor cycle which was involved in the accident;(b) there was no finding regarding contributory negligence of both the vehicles involved in the accident ;(c) the motor cycle which was being driven by the deceased was in violation of the motor vehicle rules and the terms and conditions of ..... from the evidence also, it could be found that there was any contribution from the side of the motor cycle in occurring of the accident rather evidence adduced from the side of the claimants, as is discussed in the impugned judgment clearly shows that the accident occurred due to the rash and negligent driving of the truck and following the principles of res ispa loquitor, the truck driver was found ..... be found that although the insurance company and the owner of the offending truck took the plea that the accident occurred due to the negligence of the motor cycle which was driven by the deceased and they had given a specific case as to how the accident occurred due to the negligence of the deceased himself but no evidence have been adduced from the side of .....
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..... 7 of the general exception of the insurance policy hereunder: general exceptionsthe company shall not be liable under the policy in respect of (1) to (6) xxx xxx xxx(7) any accident, loss, damage or liability caused, sustained or incurred during the period of requisition or commandeering by the government for any purpose: xxx xxx xxx5. ..... the supreme court while rejecting the plea of the state government, held since the accident took place when the vehicle was on government duty, therefore, the state cannot escape its vicarious liability to pay compensation to the victims.20. ..... when a valid requisition is there for a vehicle and the user of the vehicle has been changed from the real owner to the state government, in the event of an accident that takes place by the requisitioned vehicle, the claim should be against the government alone. ..... it is obvious if the vehicle was hot requisitioned by the government, in case of accident, in terms of the policy the petitioner would have been entitled for 'compensation or damages' etc. ..... we are, therefore, satisfied that the state is, in a case of the present nature, under a legal obligation to pay compensation to the dependents of a driver if he were to meet his end in an accident while driving the vehicle for the purpose for which it was requisitioned and the workmen's compensation act come into force as the accident would be arising out of and in course of the employment.16. .....
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..... in a motor accident case for compensation, the owner is vicariously liable for compensating the injured or the claimants on behalf of the deceased in the accident and if the vehicle is insured at the relevant time then the amount of compensation awarded against the owner of the vehicle shall be indemnified by the insurance company. ..... but it appears from annexure 2 that there was admission on the part of the insurance company although in interdepartmental communication to the effect that the vehicle in question was insured at the relevant time covering the period of accident.6. .....
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