Court : Patna
..... it is well settled that the motor vehicle accident claims tribunals : have been constituted by inserting a special provision under the motor vehicles act conferring power to the tribunal to entertain claim applications and to decide in a summary proceeding the claim for payment of compensation in respect of ..... these appeals have been filed by the appellant-insurance company challenging the award passed by the motor vehicle accident claims tribunal (hereinafter referred to as the tribunal) awarding compensation to the claimants on account of death caused by motor vehicle accident.4. ..... with notes of the stamp reporter for deciding the objection raised by the appellant with regard to the amount of court-fee payable in the memorandum of appeal filed against the award passed by the motor vehicle accident claims tribunal.2. .....
Tag this Judgment!Court : Patna
..... his father who is aged about 55 years or at the time of accident so naturally it may be accepted that the deceased may get some portion form his son upto the age of 70 years or so. ..... the factum of accident is not being challenged by the appellant so this fact is well proved that when the car driver by the deceased and the tracker coming from opposite side then collided and in that accident the deceased-driver died. ..... so far as the accident is concerned involving two motor vehicles i.e. ..... finding that the tracker and the car which was driven by the deceased himself, both were coming with a great speed and there was contributory negligence on the part of both which resulted in the accident. .....
Tag this Judgment!Court : Patna
..... lachminiya devi 1987 blt 274, 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 ..... 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 vehicles shall jointly and severally be liable to pay compensation in respect ..... 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 ..... the said truck reached the main gate of chaibasa college, an accident took place resultant several persons died and several others sustained injuries. ..... and directed against the order dated 28.8.1991 passed by motor accidents claims tribunal-cum-first additional district judge, singhbhum at chaibasa, ..... party-respondents was contested by the insurance company mainly on the ground that deceased was one of the unauthorised and unlawful occupants of the truck and the death caused due to the accident is not covered under the policy.3. ..... , namely, mother and wife and minor son made an application before the motor accidents claims tribunal, singhbhum, claiming compensation of rs. .....
Tag this Judgment!Court : Patna
..... learned counsel of contesting respondent has argued that accident took place on 6.2.1987, therefore, the present case will be guided by the motor vehicles act, 1939. ..... reported in : [2001]1scr8 in which compensation was awarded to appellant on a structured formula basis as set out in second schedule of the new act although in that case accident had taken place on 20.3.1986. ..... the fact that the vehicle involved in the accident was a truck bearing registration no. ..... the fact that accident in this case took place on 6.2.1987 is not in dispute. ..... according to the appellants, tribunal failed to appreciate and consider the family status, and economic graph of the appellants if deceased would have not died in the accident.12. ..... : [1982]3scr244 it has been held that the liability of an insurer would be to the extent of legal provision as it stood on the date of accident. ..... accident claim case no. .....
Tag this Judgment!Court : Patna
..... pw 7 was the investigating officer of the case who also supported the fact of accident at the particular place and time. ..... road accident and negligent driving have become rampant incidents now a days and hence, no lenient view can be taken. ..... why he was picked up by the police just on imagination to be implicated in the relevant accident case. ..... the judgment of the two lower courts do not suffer from any irregularity in arriving at the conclusion the revisionist had caused the alleged accident. ..... the doctor was also examined as pw6, who said that the deceased died of an injury in an accident. .....
Tag this Judgment!Court : Patna
..... motor vehicle inspector, aw 5, has also found certain mechanical defects in the vehicle and according to him the accident was caused due to failure of the hydraulic foot-brake which failed due to leakage of brake oil from either pipes, wheels or motor cylinder cups.5. ..... the insurance company, on the other hand, had taken a stand that as the details of the accident and the circumstances under which the deceased died have not been given in the claim petition the claim petition itself was not maintainable.4. ..... on consideration of the evidence on record, the claims tribunal came to the conclusion that the factum of accident is not in dispute and at the time of accident the deceased was driving the vehicle. ..... azim, aw 4, a motor mechanic, the tribunal arrived at a conclusion that on account of the negligence on the part of the owner to maintain the vehicle properly, the said vehicle met with an accident resulting in the death of the victim, driver. .....
Tag this Judgment!Court : Patna
..... mkl-6366 was insured with this opposite party on the alleged date of the accident, subject to the terms, conditions, restrictions and exceptions contained in the policy of insurance.7. ..... according to the learned counsel, in absence of special contract between the owner of the vehicle and the insurance company covering unlimited liability in respect of accident, the owner cannot be exonerated of his liability to pay the amount of compensation. ..... 2, the insurance company, it was admitted that the bus was insured with it on the alleged date of accident, subject to terms, conditions, restrictions and exceptions contained in the insurance policy. ..... district & sessions judge cum accident claims tribunal, gumla (hereinafter referred to as the tribunal) in m.j.c. no. ..... to the insurance policy, a copy of which has been annexed as annexure-1 to the memo of appeal and submitted that on payment of additional premium, the insurance company undertook unlimited liabili0y in respect of death or bodily injury to a person in case of an accident. ..... the claimants filed an application under section 110-a of the motor vehicles act for grant of compensation on account of death of her husband khabail oraon, who died in a motor vehicle accident. .....
Tag this Judgment!Court : Patna
..... any law for the time being in force as if no notice had been given to him.6. notwithstanding anything contained in sub-section (1) and sub-section (3) the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) or sub-section (3) shall not apply in relation to such undertaking for such period as may be specified in the ..... sub-section (7) of section 25o provides that notwithstanding anything contained in the foregoing provisions of the section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order direct that the provision of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. ..... .(7) notwithstanding anything contained in the foregoing provisions of the section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order .....
Tag this Judgment!Court : Patna
..... the purpose of the company might be for propelling/using of the terex within the mining area but if it has gone outside and caused damage or accident then definitely it would come within the purview of the claims tribunal for the purpose of compensation.7. ..... admittedly, in the present case, the terex was moving outside the area where the accident took place and, therefore, it cannot be said that it never goes outside the mining area, at least on the date of occurrence, it had plied outside the mining area. ..... after considering the evidence on record, the learned tribunal held that the accident occurred due to the rash and negligent driving of the terex and that terex machine is a 'motor vehicle' within the definition of the act and hence held the appellant company liable to pay compensation of rs. ..... by this he wanted to take the plea of private place and public place regarding occurrence of accident although he has not specifically urged that point. ..... regarding outside or inside area in this particular case, it has plied outside the mining area while causing the accident. .....
Tag this Judgment!Court : Patna
..... now so far the plea that the accident occurred due to the negligence on the part of the deceased, lower court on the basis of the evidence held that the accident occurred without any fault on the part of the deceased. ..... this decision was based on the fact that the accident occurred due to the negligence of the driver. ..... in this appeal, it was submitted by the appellant's lawyer that the case before the claims tribunal was not maintainable because the alleged accident occurred on account of negligence of the deceased himself. .....
Tag this Judgment!