Court : Patna
..... sharmila 1997 acj 558 (p&h;), held that non-mentioning the category of transport vehicle in the driving licence of the driver cannot lead to a conclusion that on the date of accident driver was not holding a valid driving licence. ..... transport vehicle in question was required to hold valid driving licence to drive such vehicle, but in the present case the driver had a licence for light motor vehicle and heavy motor vehicle on the date of accident and not to drive a transport vehicle.4. ..... impugned judgment is also bad in law as the learned tribunal has applied multiplier of 15 to determine the amount of compensation in terms of the provisions of the schedule contained under the act which came into force on 14.11.94, whereas the accident took place before that, i.e. ..... submission of learned counsel for the appellant that the learned tribunal has wrongly applied multiplier of 15 to determine the amount of compensation in terms of the provisions contained in second schedule which came into force on 14.11.1994 as the accident took before that, i.e. ..... in para 12 of the written statement it is vaguely and in general terms stated that the company will be liable to pay the compensation if the driving licence of the driver of the vehicle involved in the accident is found genuine and authorising the driver to drive the vehicle involved in the accident in verification. ..... in short, the relevant facts are that the deceased aged about 43 years met with an accident and died on 18.2.1993. .....
Tag this Judgment!Court : Patna
..... there was spot inquiry by the factory inspector, ranchi who submitted a report on 30.9.1995, according to which the cause of accident was found on account of mistake of the deceased and the factory inspector was fully satisfied that the pulleys, chains, etc. ..... there is no doubt that the deceased died due to accident and there appears nothing specific to show as to what overt act attributed to the petitioners.6. ..... according to which the cause of accident was on account of mistake of md. ..... benerjee, learned counsel appearing on behalf of the petitioners at the very outset submitted that the said accident occurred on account of mistake of md. ..... ishaque along with it and it was purely an accident due to mistake of md. ..... in absence of any thing specific against the petitioners, they cannot be held responsible for the said accident. ..... used for the purpose of were sufficient and capable of many times more than the registered weight of the tower and there is nothing specific to show that the petitioners had any hard in the alleged accident. .....
Tag this Judgment!Court : Patna
..... chatterjee, learned counsel for the appellant, that the person driving the vehicle had no driving licence on the date of accident as the period of licence had already expired and, therefore, insurance company has no liability. ..... admittedly, the driver who was driving the vehicle on the date of accident was holding a valid driving licence duly granted by licensing authority in 1986 and the licence-was valid up to 7.10.1989. ..... the tribunal held that the accident was caused due to rash and negligent driving of the bus. ..... , is directed against the judgment and award dated 31.5.1991 passed by the motor accidents claims tribunal, hazaribagh, in misc. ..... from the petition filed under order xli, rule 27, civil procedure code, a plea was taken that driving licence of the driver was valid up to 7.10.1989 while accident took place on 3.1.1990. ..... according to the appellant the vehicle was being driven on the date of the accident by upendra kumar singh who also died in the accident. ..... according to the learned counsel, therefore, the driving licence of the driver who was driving the vehicle had already expired and the driver was having no driving licence on the date of accident. ..... 13,16,755 by way of compensation on account of death of major niraj sinha, an army officer in a motor vehicle accident. .....
Tag this Judgment!Court : Patna
..... according to the appellant -insurance company, the deceased neither met with accident nor died during course of employment, rather it was out and out a criminal case and due to action of the criminals, he lost his life.8. ..... the authorities have laid down that there must be a causal connection between the accident and the employment in order that the court can say that the accident arose out of the employment of deceased. ..... that the deceased was engaged as the helper by the company and that he was killed while he was performing his duty as helper on the vehicle in question, there cannot be any justification in law to contend that the accident had not occurred in course of his employment.9. ..... the employee in course of his employment must be in particular place and by reason of his being in that particular place he was to face peril and the accident was caused by reason of that peril, which he had to face, then a causal connection is established between accident and the employment. ..... the terms 'accident' means some unexpected and unforeseen event or overlooked mischief.10. ..... an incident which is unforeseen is an accident. .....
Tag this Judgment!Court : Patna
..... the contention of the appellant's lawyer is that the victim and his cousin both were proceeding on a motor-cycle and they met with an accident and when the appellant reached the place of occurrence, he found kamal nayan in injured condition and, therefore, he carried him to the hospital. ..... the tribunal on the basis of evidence of so many witnesses examined on behalf of both the parties came to the conclusion that the appellant had, of course, caused accident of the victim, namely, kamal nayan @ kanchan and the victim had sustained permanent disablement of his right leg. ..... appeal is directed against the order of award passed by sri anwar ahmad, motor accident claims tribunal, nawadah, dated 14th september, 1993, the defendant-opposite party of that claim case no. ..... so, there was clear and definite identification of the appellant as the culprit of the accident resulting into the fracture of the right leg of the victim. ..... on the basis of the evidence in the lower court, the trial court came to the definite finding/conclusion that the alleged accident caused by the appellant was proved. ..... 1, cousin of the victim who admitted the victim in the hospital and thereafter appellant krishna prasad along with the victim's cousin went to the house of the victim to intimate his family members about the accident. ..... 1 is to the effect that near the karmbir press, he had found the victim in injured condition and the people assembled there were crying that a man of his own mohalla was injured in an accident. .....
Tag this Judgment!Court : Patna
..... 1987 blt 274: 1988 pljr 600, it was held that no compensation should have been awarded to the claimants for the accident in question, as the deceased was an illegal occupant of the vehicle in question.a full bench of the karnataka high court has observed the same view in the case of united india insurance company ..... section 140 of the act clearly lays down that where death or permanent disablement of any person resulted from an accident arisen out of the use of a motor vehicle or motor vehicles the owner of the vehicle shall or as the case may be the owners of the vehicle shall jointly and severally be liable to pay compensation in respect of death or ..... and when the said truck reached the main gate of chaibasa college, an accident took place resulting which several persons died and several others sustained injuries. ..... in view of such provision, unless the death or disablement of any person resulted from an accident is proved to have been caused in course of his employment by the owner of the truck, the insurance company cannot be held ..... by new india insurance company, chaibasa and directed against the order dated 28.8.1991 passed by motor vehicle accident claims tribunal-cum-1st additional district judge, singhbhum at chaibasa in m.j.c. ..... opposite party-respondents was contested by the insurance company mainly on the ground that the deceased was one of the unauthorised and unlawful occupant of the truck and so the death caused due to the accident is not covered under the policy.3. .....
Tag this Judgment!Court : Patna
..... a learned single judge of this court by order dated 20.8.1993 to a division bench, inter alia, for consideration of the following questions:(i) whether an appeal is maintainable against an order passed by the accidents claims tribunal under section 140 of the motor vehicles act, 1988;(ii) whether the tribunal can direct payment of interest while passing an order under section 140 of the motor vehicles act, 1988.2. ..... tribunal and the matter connected therewith.section 166 lays down the manner in which an application for compensation arising out of accident be made.proviso to sub-section (2) of section 166 postulates that where any compensation claim under section 140 is made in such an application, the application shall contain a separate statement to that ..... a vehicle thus would be liable to pay compensation in case death or permanent disablement to any person has resulted from an accident arising out of use of a motor vehicle or vehicles and the amount of such compensation in terms of section 140(2) ..... can raise a contention before the claims tribunal that the claim petition is baited by limitation and/or the accident as alleged has not taken place because of use of any motor vehicle or vehicles.24. ..... by an insurance company to the effect that the vehicle in question is not insured or that the insurance policy has lapsed, or the same has no application to the situation in which an accident allegedly occurred, the tribunal would evidently be required to render a decision on that issue. .....
Tag this Judgment!Court : Patna
..... 2 that in this case a truck meant for carriage of goods was involved in the accident and admittedly the truck was insured and the insurance paper was also produced, that is, ext. a. ..... 48,000/- as compensation for the death of her husband in this accident from the insurance company, that is respondent no. 2.5. ..... bho 9767 was involved in the accident and due to negligence on the part of the driver, this accident took place; as a result of the same, the husband of the appellant asgar ali died on the next day of the accident. ..... for this accident, a criminal case was also instituted against the driver of the truck and subsequently this claim case was preferred claiming compensation to the tune of rs. ..... admittedly an accident took place on 17.10.85 at dhanbad-gobindpur road and a truck no. .....
Tag this Judgment!Court : Patna
..... includes anything except 'living persons', i am of the view that the dead body comes under the definition of 'goods' and since the deceased was accompanying the dead body at the time of accident, so, it cannot be said that the deceased was simply a gratuitous passenger rather the circumstances establishes that at the relevant time the deceased was accompanying the dead body either as owner of the goods ..... there is no other reliable evidence on record to controvert the above evidence, so, i am unable to accept this argument of learned counsel for the appellant that the accident was the result of head-on collision between the two trucks and, therefore, i hold that the owner and insurer of the other truck were also necessary party ..... truck is a goods carrying vehicle in which passengers are not allowed to travel and any person travelling on such vehicle is not covered for compensation if any accident takes place but in the peculiar situation in which the deceased was travelling on the said truck which met with the accident it cannot be said that the deceased was a gratuitous passenger. ..... records it appears that the claim case was filed for grant of compensation on account of death of one manoj kumar rai caused in a motor vehicle accident which occurred on 2.6.1994 at about 2.30 in the night at nh 28 near village bagraha. ..... secondly, on the ground that the accident had occurred due to head-on collision between two vehicles, as such, it was a case of contributory negligence but as the owner .....
Tag this Judgment!Court : Patna
..... socio economic legislation and the hardship created due to putting up of the period of limitation which caused many persons to come to the street when the sole bread earner of the family in the rustic society died in accident and due to ignorance of law, the family members could not come up in time for filing the claim case. ..... the petition has been filed definitely beyond the period of three years from the date of accident and the amendment of the act deleting sub-section (3) of section 166 of the act has come into force on 14.11.1994 i.e. ..... law commission has mentioned in the report regarding the difficulties creating bar of limitation in getting compensation by the family members of the victim of accident cases and then the deletion of limitation clause has been made in the act.6. ..... this appeal has been preferred against the order dated 5.6.1995 passed by the motor accident claims tribunal cum-3rd additional district judge, chaibasa, in compensation case no. ..... therein the petition for claim case was filed under section 166 of the new act although the accident occurred when the old act was enforced. ..... 92 of 1990 on account of the death of her husband who died in the motor vehicle accident on 2.5.1990 while he was travelling from gua to manoharpur. ..... under this provision in the accident cases, legal representatives are entitled to get the amount of no fault liability besides the provision of hit and run compensation. .....
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