Court : Supreme Court of India
Reported in : I(2001)ACC152; 2001ACJ428; AIR2001SC485; 2001(2)ALLMR(SC)246; (2001)2CALLT1(SC); (2001)1GLR593; JT2001(1)SC375; 2001(1)KLT408(SC); (2001)2MLJ112(SC); RLW2001(2)SC308; 2001(
..... we are, therefore, of the opinion that even apart from section 140 of the mv act, a victim in an accident which occurred while using a motor vehicle, is entitled to get compensation from a tribunal unless any one of the exceptions would ..... such tribunals are constituted for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or ..... 165(1) of the mv act confers power on the sate government to constitute one or more motor accidents claims tribunals by notification in the official gazette for such area as may be specified in the notification ..... whatever could be considered and determined by the civil courts in suits claiming compensation in respect of accidents, arising out of the use of motor vehicles, have been now directed to be determined by claims tribunals established by the state under the provisions of the mv ..... only one of the species of the causes of action for making a claim for compensation in respect of accidents arising out of the use of motor vehicles. ..... the tribunal found as follows:'it appears that the front wheel of the jeep suddenly got burst resulting in the misbalanced and occurrence of this accident as it is mentioned in ex-2 the report of the police station. ..... can a claim be maintained before the motor accident claims tribunal ('tribunal' for short) on the basis of strict liability propounded in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1737; 1984(2)SCALE376; (1984)4SCC246; [1985]1SCR555
..... , notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods by the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such ..... now section 82a of the act in so far as material reads thus :82a-liability of railway administration in respect of accidents to trains carrying passengers-(1) when in the course of working a railway accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers then, whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would ..... in case any passenger travelling by such train dies, or sustains any injury to his person or property, as a result of or on account of such accident to the train or a part of the train carrying passengers, compensation to the extent provided in the section will become payable. ..... and presumably in order to be 'fair' to the passengers who pay the 'fare' for a safe (safe from accident to the train) journey, the legislature, with an eye on social welfare, has provided for compensation by a summary proceeding and has made the liability fault- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297
..... specifying the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be;provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any ..... thus, a person whose licence is ordinarily renewed in terms of the motor vehicles act and the rules framed thereunder despite the fact that during the interregnum period, namely, when the accident took place and the date of expiry of the licence, he did not have a valid licence, he could during the prescribed period apply for renewal thereof and could obtain the same automatically without undergoing ..... in a case where the person who has got insured the vehicle with the insurance company, has appointed a duly licensed driver and if the accident takes place when the vehicle is being driven by a person not duly licensed on the basis of the authority of the driver duly authorised to drive the vehicle whether the insurance company in that event shall be ..... the reasoning that the extra passengers being carried in the goods vehicle could not have contributed, in any manner, to the occurring of the accident, was barely noticed and rejected sans any plausible account; even when the claim confining the damage to the vehicle only was limited in nature .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ666; 2009(2)AWC1634(SC); JT2009(1)SC612; 2009(4)MhLJ20(SC); (2009)153PLR512; 2009(1)SCALE8; (2009)2SCC523:2009(1)LHSC358:2009(1)JT612.
..... the vehicle in question met with an accident on 12.6.2003 and was badly damaged. ..... if on facts, it is found that the accident was caused solely because of some other unforeseen or intervening causes like mechanical failures and similar other causes having no nexus with the driver not possessing requisite type of licence, the insurer will not be ..... in claims for compensation for accidents, various kinds of breaches with regard to the conditions of driving licences arise for consideration before the tribunal as a person possessing a driving licence for `motorcycle without gear', [sic may be driving a vehicle] for which he has no ..... 2100/- when the accident occurred. ..... , on evidence led before the tribunal, a decision has to be taken whether the fact of the driver possessing licence for one type of vehicle but found driving another type of vehicle, was the main or contributory cause of accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC193; (1964)66BOMLR367; [1963(7)FLR310]; (1963)IILLJ615SC; [1964]3SCR930
..... amicus curiae, argued that the interpretation sought to be put on the said words by the appellant was too narrow and that the true interpretation is that there should be an intimate relationship between employment and the accident and that in the present case whether there was a contractual obligation on the part of the deceased to travel by that particular bus or not, he had a right to do so under the contract ..... his employment' are pari materia with those found in the corresponding section of english statute, that the said words have been authoritatively construed by the house of lords in more than one decision, that an accident happening to an employee in the course of his transit to his house after he left the precincts of his work would be outside the scope of the said words unless he has an obligation under the ..... any workmen who desired to travel by these trains signed an agreement with the railway company releasing them from all claims in case of accident, and the colliery company then provided him with a pass and charged him a sum representing less than the full amount of the agreed fare, and ..... terms of the contract of service or otherwise to travel in the vehicle meeting with an accident and that in the present case nanu raman finished his work and had no obligation to go in the bus which met with the accident and his position was no better than any other members of the public who travelled by the same bus. 5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2002ACJ721; AIR2002SC1301; 2002(3)ALD22(SC); 2002(2)ALLMR(SC)615; 2002(3)ALT1(SC); 2002(2)AWC1169(SC); [2002]110CompCas530(SC); (2002)3GLR1981; JT2002(3)SC10; 2002(2)KLT23(
..... having said so it was further held that if it isultimately found that there is no negligence on the part of thedriver of the vehicle or there is no defect in the vehicle butthe accident is only due to the sole negligence of otherparties/agencies then on the finding the claim would go outof section 110 of the act because the case would becomeexclusive negligence of railways and again if the accidenthad ..... such anapplication is held to be maintainable and the tribunalentertains such an application, if in course of enquiry thetribunal comes to a finding that it is the other joint tortfeasorconnected with the accident who was responsible and not theowner or driver of the motor vehicle then the tribunalcannot be held to be denuded of its jurisdiction which it hadinitially. ..... (supra) to the effect --'it is ultimately found that there is no negligence on thepart of the driver of the vehicle or there is no defect in thevehicle but the accident is only due to the sole negligence ofthe other parties/agencies, then on that finding, the claimwould go out of section 110(1) of the act because the casewould then become one of the exclusive negligence ..... in view of theaforesaid stand, a preliminary issue was framed by thetribunal and the tribunal held that if claimants havesustained injuries in an accident arising out of the use of amotor vehicle then the tribunal will have the jurisdiction toentertain application for claim not only against the owner orinsurer of the vehicle but also against any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2001)ACC618; 2001ACJ827; AIR2001SC1832; 2001(3)ALT34(SC); [2001]105CompCas743(SC); (2001)3GLR2156; JT2001(4)SC477; 2001(2)KLT235(SC); (2001)2MLJ180(SC); RLW2001(2)SC231;
..... scheme for payment of compensation under the act can be divided as under:- (i) section 140--for no-fault liability in case of death or disablement; (ii) section 161--in case of hit and run motor accidents, where the identity of the vehicle cannot be ascertained--compensation amount is rs.25000/- in case of death and rs.12500/- in case of grievous hurt; (iii) section 163a--special provisions as to payment of ..... 119th report in the introductory chapter observed [para 1.6] that previously there was recommendation for inserting provision in the motor vehicles act to extend protection to victims of 'hit and run' accidents where the person liable to pay such compensation or his whereabouts cannot be ascertained after reasonable effort by providing that in such an event, the person entitled to such compensation shall be ..... , section 162 and section 163--(a) 'grievous hurt' shall have the same meaning as in the indian penal code, 1860 (45 of 1860); (b) 'hit and run motor accident' means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (c) 'scheme' means ..... section 109-c of the act providing for a scheme for granting relief to victims or the legal representatives of victims of 'hit and run' motor vehicle accident cases is another novel effort on the part of the government to remedy the situation created by the modern society which has been responsible for introducing so many .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1852; 2009(4)MhLJ726(SC); (2009)4SCC296:2009AIRSCW1473:2009(2)LHSC795:2009(2)KCCR1254
..... apart from the fact that p.w.5 was the only eye-witness to the actual accident, the high court has also disbelieved the version projected on behalf of the appellants on account of the different stands taken by the ..... the high court, however, in appeal accepted the version of the accident as narrated by p.w.5 rewati devi and has come to a definite finding that it was not the deceased, but the ..... subsequently, however, he changed his tune and contended that the accident had occurred on account of the rash driving and negligence of the bus ..... it was the deceased who was driving the scooter and that he was the pillion rider and was not, therefore, responsible for the accident, his version has been contradicted by p.w.5 rewati devi, who has categorically stated that she had witnessed the accident and that it was the appellant no. ..... on the materials before it the motor accidents claims tribunal came to the conclusion that the claimants had failed to prove that the accident had occurred due to negligence of the bus driver and dismissed the claim ..... the reversal of the award of the motor accident claims tribunal by the high court cannot be said to be perverse or without any basis and we see no reason to interfere with ..... 1999, which was dismissed by the motor accidents claims tribunal, kullu, on 1st december, 2001 ..... 1, krishan gopal thakur, there was an accident in which the said scooter and a himachal road transport corporation bus which was proceeding from kullu towards manali, were said to have .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1735; (1977)2SCC745; [1977]3SCR372
..... wife and the claimants 2 to 8 are the children of one purshottam tulsidas udeshi who met with his death in a motor car accident on 18-12-1960 when he was travelling in the car which was driven by madhav-jibhai mathuradas ved, the manager of the first opponent ..... the questions that arise for consideration are whether on the facts of the case the claimants have established (1) that the accident was due to the rash and negligent driving of madhavjibhai mathuradas ved, the manager of the company, and (2) whether the incident took place during ..... to succeed in such a defence the opposite party will have to establish that the cause of the accident could not have been avoided by exercise of ordinary care and caution 'to establish a defence of inevitable accident the defendant must either show what caused the accident and that the result was inevitable, or he must show all possible causes, one or more of which produced the effect, and with regard to each ..... principle it must be shown that the car was under the management of the defendant and that the accident is such as in ordinary course of things does not happen if those who had the management used ..... the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1384; [1995]83CompCas82(SC); 1995(1)CTC393; JT1995(2)SC441; 1995(1)SCALE525; (1995)2SCC479; [1995]2SCR1; 1995(1)LC463(SC)
..... section 166 next provides that an application for compensation may be made by the person who has sustained the injury or by the owner of the property or where death has resulted from the accident, by all or any of the legal representatives of the deceased or by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case ..... the legal representatives of the deceased did not prefer any claim before the claims tribunal for the area in which the accident occurred but instead the respondent-council preferred the claim before the national commission which without examining the question whether or not it had jurisdiction awarded a sum ..... called 'the national commission') constituted under section 20 of the consumer protection act, 1986 (for short 'the 1986 act') had jurisdiction to adjudicate upon a claim for compensation arising out of a motor vehicle accident, notwithstanding the jurisdiction conferred on a claims tribunal constituted under the motor vehicles act, 1988 (for short 'the 1988 act'). ..... section 165 provides that a state government may, by notification in the official gazette, constitute one or more motor accident claims tribunal for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, .....
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