Judgment Search Results Home > Cases Phrase: accident Court: supreme court of india Page 2 of about 37,183 results (0.115 seconds)

Rita Devi @ Rita Gupta W/O Late Shashi Bhushan Kumar Vs. National Insu ...

Court : Supreme Court of India

..... 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 ..... required because no one can deny that the death of parshuram singh was the result of an accident and was an accidental death.but let us also examine the other view in which though the distinction between accident result and accidental means is formally maintained, the key restrictive words like accident, external, violent and visible means are attributed a very broad and unrestricted meanings.let us first ..... by external violent and any other visible means', it is described in stroud's as follows: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.the next word is 'violent' and ..... 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. .....

Bhuwan Singh Vs. Oriental Insurance Company Ltd. and anr.

Court : Supreme Court of India

Reported in : 2009ACJ1426; AIR2009SC2177; 2009(3)AWC2989(SC); JT2009(3)SC333; 2009(6)MhLJ338(SC); (2009)156PLR739; 2009(3)SCALE798; (2009)5SCC136:2009AIRSCW2865:2009(2)LHSC849; 2009(1)TNMAC487(SC)

..... of section 149 of the act, the insurance company would be liable to pay the awarded amount to the claimants provided the accident is covered by the terms of the policy, although the burden in respect thereof would be in the insurance company.20. ..... beyond any doubt or dispute that only in the event an application for renewal of licence is filed within a period 30 days from the date of expiry thereof, the same would be renewed automatically which means that even if an accident had taken place within the aforementioned period, the driver may be held to be possessing a valid licence. ..... be so, the question raised before us must be determined having regard to the proved facts namely as on the date of accident he was not holding any valid and effective licence.19. ..... (2) whether the petitioner suffered damage on account of the said accident and deserved to be compensated, if yes, to what extent and from ..... to drive (b) provided that a person drivin an effective driving licence at the timeof the accident and is not disqualifiedfrom holding or obtaining such a licence. ..... an injury on his head and died on the spot.his legal heirs and representatives filed a claim petition before motor accidents claim tribunal, nainital which was registered as m.a.c.p. no. ..... having raised a specific plea as regards his non- involvement in the accident, the burden of proof was on him.9. ..... the appellant held a learner's licence which had expired and was not valid on the date of accident, he cannot be said to be duly licensed. .....

Arvind Kumar MishrA. Vs. New India Assurance Co. Ltd. and anr.

Court : Supreme Court of India

..... that was disputed, but the matter has been considered, and the tribunal found that due to rash and negligent driving by the driver of the truck (deg 3291), the accident took place in which the appellant sustained serious multiple injuries and, therefore, owner and insurer were liable to him for the damage. ..... 183 of 1993 the motor vehicles accident claims tribunal, ranchi, assessed a sum of rs. ..... the motor vehicle accident claims tribunal, ranchi (for short `the tribunal') in its award dated december 19, 2002 held that the accident occurred due to rash and negligent driving of the truck bearing registration no. ..... the present appeal, by special leave, raises the issue, indeed the only issue, of assessment of loss of earnings in respect of the victim of a motor accident who was certified 70% permanent disablement.2. ..... the appellant at the time of accident was a final year engineering (mechanical) student in a reputed college. ..... mesra, and due to said accident he has lost his future career. ..... the appellant at the time of accident was about 25 years. ..... due to the said accident he suffered grievous injuries and remained in coma for about two months. ..... ) at the time of accident was seriously injured as a result of a truck bearing registration no. ..... he has been deprived of pecuniary benefits which he could have reasonably acquired had he not suffered permanent disablement to the extent of 70% in the accident.11. .....

Subedar Tewari Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1989SC733; 1989CriLJ923; 1989(2)Crimes724(SC); JT1988(4)SC387; 1988(2)SCALE1341; 1989Supp(1)SCC91

..... high court was of the opinion that it was not established.3 the trial court concluded that 'accident' and 'suicide' were excluded, and that the unnatural death by burning was homicidal. ..... was elicited in her cross-examination that she joined the demonstrations and strike from the next day as she felt that it was not a case of accident and the police were not taking proper action. ..... once the conclusion is reached that accident and suicide both are excluded beyond reasonable doubt and that the death of veena is established to be homicidal beyond reasonable doubt the identity of the assassin does not present much ..... prosecution case which was accepted by the trial court was that it was not accident or suicide but it was a case of murder. ..... what is more, whether it was accident or she set herself on fire or someone else set her on fire, the incident must have occurred between midnight and early hours of the ..... the light of this evidence the most crucial question in regard to the unnatural death of veena which requires to be resolved is as to whether 'accident' and 'suicide' can be excluded. ..... therefore, the possibility of accident must be altogether excluded ..... the trial court as well as the high court have concluded that accident is ruled out. ..... veena died of accident of committed suicide ..... of last wishes of accident or committing suicide. ..... view of this evidence which has not been assailed on behalf of the accused, even before this court, the conclusion is inevitable that it was not a case of accident. .....

United Insurance Co. Ltd. Vs. Sukh Deo Yadav

Court : Supreme Court of India

Reported in : 2009(3)AWC2984(SC); JT2009(4)SC418; 2009(4)SCALE519; (2009)5SCC310

..... particular reference is made to the case diary wherein it has been stated as follow:in the accident deceased amitabh singh alias munna singh s/o late shri muzzafar singh r/o vill. ..... the vehicle in question met with an accident on 9.6.2004 and 14 persons were traveling in the jeep, and four persons including the driver died on the spot and 10 persons received injuries. ..... claim was lodged by sukhdeo yadav for damage of his vehicle and in survey report the surveyor/investigator has mentioned in para 4 and 5 of the report that the driver of the jeep at the time of accident was amitabh singh. ..... the news of the accident also flashed in hindi daily `hindustan' at the front page where the driver of jeep was shown as amitabh alias munna singh aged about 25 years. .....

Mohan Singh Vs. Saheb Singh and ors.

Court : Supreme Court of India

Reported in : 2000(9)SCC403; 2001SCC(Cri)408

s.p. bharucha and; shivaraj v. patil, jj.1. this is a transfer petition in respect of a motor accident claim.2. the case of the petitioner is that he resides in delhi, most of the evidence is in delhi and the amended provision of the statute now permits a claim to be filed where the claimant resides. there is no opposition to the transfer petition except that the insurance company has also referred to the same amended provision. we think that, in the circumstances, it is just and proper that the transfer petition be allowed.3. the transfer petition is allowed accordingly. claim petition no. 399 of 1994 pending before the motor accident claims tribunal, muzaffarnagar shall stand transferred to the motor accident claims tribunal, new delhi.4. no order as to costs.

National Insurance Company Limited Vs. J. Maheshwaramma

Court : Supreme Court of India

Reported in : 2009(4)AWC3323(SC); 2009(8)SCALE92:2009AIRSCW4746

..... the district forum, state commission and national commission were of the view that since the deceased had a valid insurance policy and there was no dispute that the accident had taken place and the insured died during the validity of said policy, the stand that the driving licence of the deceased was fabricated was of no consequence. ..... the finding of the district forum in view of the fact that there is no dispute with regard to the complainant's husband having a valid insurance policy and also in view of the fact that there is no dispute that the accident occurred and the insured died during the validity of the said policy.20. ..... the policy holder died on 24.11.2005 in a road accident while he was proceeding on his motorcycle bearing no. ..... it is also not in dispute that at the time of accident, the insurance policy was valid.8. ..... the fact that late beesanna obtained the policy to cover a risk to the third parties, own damages and personal accident is not disputed by the appellant. ..... motor cycle with gear which was involved in the accident. ..... to be found on the basis of evidence laid before the fact finding body whether the driver licenced to drive one type of vehicle but driving another type of vehicle was the main or the contributory cause of the accident.16. ..... 1,00,000/- if the policy holder dies in a motor accident .9. ..... the main contention raised by the appellant before the district forum was that the deceased had no valid licence at the time of accident. .....

Oriental Insurance Co. Ltd. Vs. Rajni Devi and ors.

Court : Supreme Court of India

Reported in : 2008ACJ1441; 2008(4)ALD34(SC); 2008(3)ALT61(SC); 2008BusLR517(SC); 2008(3)CTC38; [2008(4)JCR56(SC)]; 2008(4)KLT145(SC); (2008)5MLJ626(SC); (2008)152PLR381; RLW2008(3)SC2285; 2008(5)SCC736; (2008)3SCC(Cri)67; 2008(3)CivilLJ893; 2008ACJ1441; 2008(3)Supreme201; 2008(4)LH(SC)2407

..... tribunal proceeded to determine the said issue was that a comprehensive insurance policy having been taken, the only question which arose for its consideration was as to whether the accident took place by reason of use of the motor vehicle irrespective of the fact as to whether the deceased or the said sukhdev raj was driving the motorcycle or ..... time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. explanation ..... the tribunal noticed that the first information report (fir) lodged at the police station in relation to the said accident was not clear to establish as to who was driving the motorcycle but despite the same proceeded to determine the question as to whether janak raj being himself the tort ..... of the pillion rider and in any event, the owner of the vehicle is not a third party within the meaning of section 147 of the act.the motor vehicles accident claims tribunal, having regard to the pleadings of the parties, framed the following issues:1. ..... view the cost of living by notification in the official gazette, from time to time amend the second schedule.the said provision cannot be said to have any application in regard to an accident wherein the owner of the motor vehicle himself is involved .....

Rajanna Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1995SC1966; [1995(71)FLR314]; JT1995(3)SC632; (1995)IILLJ824SC; 1995(2)SCALE852; 1995Supp(2)SCC601; [1995]3SCR524; 1995(3)SLJ46(SC); 1995(2)LC637(SC)

..... (para 8)(emphasis supplied)in the facts of that case the employer was held not h'able only because the accident occurred when the workman was travelling in a boat not provided by the employer but a public transport in which any other member of the public could travel and it was not incumbent on ..... the admitted facts clearly show that the appellant sustained injuries resulting in his permanent partial disablement in a motor accident when he was travelling from the staff quarters to the south block for duty in the official spg vehicle ..... the facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this ..... . there can be no doubt that there was a causal relationship between the accident in which the appellant sustained the injuries and his employment in the spg for actual vip security duty; and it was an incident of his employment to travel from the staff quarters to ..... the principle under the workmen's compensation act for determining whether an accident arose out of and in the course of the employment of the workman should be equally applicable to the circular since ..... that the injuries resulting in the permanent partial disablement of the appellant were not sustained by him while performing 'actual vip security duty' as required by the circular but in the motor accident which occurred before the appellant had joined actual duty at 9.00 a.m. .....

Divisional Manager, United India Insurance Co. Ltd. and anr. Vs. Samir ...

Court : Supreme Court of India

Reported in : 2005(4)ALT59(SC); 2005(3)AWC2501(SC); 2005(3)BLJR1752; 2006(1)BomCR870; III(2005)CPJ2(SC); [2006(2)JCR175(SC)]; JT2005(6)SC289; (2006)148PLR143; (2005)5SCC784; 2005(2)LC105

..... hereby deleted and the company shall not be liable for accidental loss or damage caused by or liability directly arising out of the above perils.in the event of any claim the insured shall prove that the accident loss, damage or liability arose independently of and was in no way connected with or occasioned by or contributed to by or traceable to any of the said occurrence or any consequences thereof and in default of such proof the company shall ..... purulia (in short the 'district forum') alleging that the appellants had erroneously repudiated the claim made by him for the damage suffered by him on account of an accident covered by the policy of insurance taken by him.3.the factual background in a nutshell is as follows:the complainant is the owner of an ambassador diesel car which was registered as a taxi and was hired by the ..... learned counsel for the appellants submitted that the terms of the policy were clear that if any accident occurred to the vehicle which was the subject matter of insurance on account of a storm, the ..... therefore, the finding to the effect that the accident was covered by the terms of the policy ..... the first information about the accident was given by complainant's brother clearly stating that the vehicle was damaged as branch of an eucalyptus tree fell down on the ..... the next date of the accident it has been categorically noted that the car was damaged because of the falling of a branch of the tree and the branch fell due to storm and in the claim petition also .....