Court : Supreme Court of India
Reported in : AIR1979SC1848; 1979CriLJ1374; (1980)1SCC30; [1980]1SCR95
..... by the other line of decisions, only as a convenient ratiocinative aid in assessment of evidence, in drawing permissive inferences under section 114, evidence act, from the circumstances of the particular case, including the constituent circumstances of the accident, established in evidence, with a view to come to a conclusion at the time of judgment whether or not, in favour of the alleged negligence (among other ingredients of the offence with which the accused stands charged), such ..... thinks it as 'no more than a convenient label to describe situations where, notwithstanding the plaintiff's inability to establish the exact cause of the accident, the fact of the accident by itself is sufficient, in the absence of an explanation to justify the conclusion that most probably the defendant was negligent and that his negligence ..... an error of judgment of the kind, such as the one in the instant case, which comes to light only on post-accident reflectiction, but could not be foreseen by the accused in that fragmented moment before the accident, is not a sure index of negligence, particularly, when in taking and executing that decision the accused was acting with the knowledge and in the belief that this was the best ..... it was in evidence (vide pw 5) that there was a very deep ditch on the right of the toad, close to the scene of the accident, and that if the bus had gone further towards that side, it would have met with disaster of a far bigger magnitude, resulting in death or injury to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2005)ACC361; 2005ACJ1323; AIR2005SC2337; 2005(5)ALLMR(SC)563; 2005(4)ALT44(SC); 2005(3)AWC2126(SC); 2005(2)BLJR1107; (2006)1CALLT31(SC); [2005]125CompCas86(SC); 2005(3)C
..... the high court, in the impugned judgment, has held that if the legal representatives of the deceased employee approach the motor accident claims tribunal for payment of compensation to them by moving a petition under section 166 of the act, the liability of the insurance company is not limited to the extent provided under the workmen's act and on its basis ..... in case the appellant insurance company has deposited the entire amount awarded by the high court with the motor accident claims tribunal or has paid the said amount to the claimants, it will be open to it to recover the amount, which exceeds its liability under the workmen's act, from the owner of the vehicle in accordance with law.19. ..... section 3 of the workmen's compensation act lays down that if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of chapter ii of the said act. ..... the high court held that it was fully established that the accident took place due to the fact that the arm bolt of the truck broke down and not on account of any negligence on the part of the driver of the truck. ..... the claim petition was contested by the owner of the truck mainly on the ground that sunder singh was driving the truck after consuming liquor and the accident took place on account of his own fault. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996ACJ253; 1996IAD(SC)698; AIR1996SC1150; [1996]86CompCas199(SC); (1996)2GLR614; (1996)112PLR644; 1996(1)SCALE400; (1996)2SCC328; [1995]Supp6SCR687; 1996(1)LC302(SC)
..... from the fact that a learner having such a licence would not be regarded as duly licenced, the aforesaid clause in the insurance policy makes it abundantly clear that the insurance company, in the event of an accident, would be liable only if the vehicle was being driven by a person holding a valid driving licence or a permanent driving licence 'other than a learner's licence'. ..... exclusion clause in the policy which the appellant company relied upon, is as follows: provided that the person driving holds a valid driving licence at the time of the accident or had held a permanent driving licence (other than a learner's licence) and is not disqualified from holding such a licence.6. ..... intention and meaning of the policy clearly is that the person driving the vehicle at the time of the accident must be one who holds a 'driving licence' within the meaning of section 2(5a) of the act. ..... had held a current learner's licence at the time of the accident, the appellant would not be liable. ..... the motor accident claims tribunal, vide its award dated 2nd june, 1984, came to the conclusion that the accident had occurred due to the negligence of respondent no. ..... suffered some injuries and he filed an application before the motor accident claims tribunal for compensation. 3. ..... 4th july, 1979, an accident occurred involving two scooters. ..... did not have a permanent learner's licence before the date of the accident and he had held only a learner's licence and it lapsed nearly two years before the accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1906; (1971)73BOMLR131; [1969(19)FLR281]; 1970LabIC1413; (1970)ILLJ16SC; (1969)2SCC607; [1970]1SCR869
..... does not result in the total or partial disablement of the workman for a period exceeding three days:(b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to-- (i) the workman having been at the time there of under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing ..... capable of explanation solely by reference to that risk, it is legitimate, notwithstanding the absence of evidence as to the immediate circumstances of the accident, to attribute the accident to that risk, and to hold that the accident arose out of the employment; but the inference as to the origin of the accident may be displaced by evidence tending to show that the accident was due to some action of the workman outside the scope of the employment.such a rule, so stated, seems to me to be consistent with all the previous ..... is the course of employment and whether it arose out of employment within the meaning of section 3 of the, act which states:(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable-(a) in respect of any injury which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC992; [1960(1)FLR52]; (1960)IILLJ61SC
..... basu, the president of the enquiry committee, seems to hold only the pointsman responsible, for the accident, though in the latter part the appellant and the pointsman both are held responsible. ..... a departmental enquiry was held into this accident as required by the statute, and as a result of this enquiry it was found that 'the accident was due to not locking with chain the level-crossing gate between up, outer and home at rawtara in front of an in-coming train (313 dn.)'. ..... it may be that the authorities concerned took the view that the departmental enquiry into the accident was enough but that clearly is not right. ..... it is obvious that the enquiry into the accident which was held by the statutory committee was not directed against he appellant as such. ..... the committee which held the enquiry came to the conclusion that the accident was due to the violation of g. s. r. ..... but, apart from this aspect of the matter there can be no doubt that it is as a result of this departmental enquiry into the accident that occasion arose to take action against the appellant; and it was obviously necessary that he should have been given a chance to show his innocence by holding an enquiry in respect of the charge that he was responsible for the accident. ..... he also referred to the fact that soon after the accident took place the local police officer had made an investigation and his report showed that the appellant was not responsible for the accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC2059; (1981)22GLR1208; (1981)4SCC660; [1982]1SCR860; 1982(14)LC127(SC)
..... as a result of that amendment, the section reads thus: 95 (2) -subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely: (a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or ..... section 95(2) of the act originally read thus: 95(2) -subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely: (a) where the vehicle is a vehicle used or adapted to be used for the carriage of goods, a limit of twenty thousand rupees; (b) where the vehicle is a vehicle in which passengers are carried for hire ..... under that section, as it stood prior to its amendment in 1969, a policy of insurance was required to cover any liability incurred in respect of any one accident upto the limit of twenty thousand rupees in respect of persons other than passengers carried for hire or reward, where the vehicle was one in which passengers were carried for hire or for reward or by reason of or in pursuance of ..... 1 (a) to 1 (g), who are the heirs and legal representatives of the deceased ajit sinh, filed an application before the motor accidents claims tribunal, ahmedabad, under section 110-d of the motor vehicles act, 4 of 1939, seeking compensation in the sum of rs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1991)ACC306; 1991ACJ777; AIR1991SC1769; JT1991(3)SC133; (1991)100PLR359; 1991(2)SCALE92; (1991)3SCC530; [1991]3SCR26a; 1991(2)LC290(SC)
..... 306b lays down: (1) the claims tribunal shall proceed to award the claim of compensation under section 92a on the basis of (i) registration certificate of the motor vehicle involved in the accident; (ii) insurance certificate or policy relating to the insurance of the vehicle against third party risks; (iii) panchnama and first information report; (iv) post-mortem certificate or death certificate; or ..... urged that the expression 'arising out of the use of a motor vehicle' implies a causal relationship between the user of the motor vehicle and the accident which has resulted in death or disablement and that in the present case it cannot be said that the explosion and fire which took place in the petrol ..... filed before the claims tribunal in triplicate and shall be signed by the appellant and the following documents be appended to every such application, namely, (i) panchnama of the accident; (ii) first information report; (iii) injury certificate or in case of death, postmortem report or death certificate and; (iv) a certificate regarding ownership and insurance particulars of vehicle involved in the ..... morever, for awarding compensation under section 92a of the act, the claims tribunal is required to satisfy itself in respect of the following matters: (i) an accident has arisen out of the use of a motor vehicle; (ii) the said accident has resulted in permanent disablement of the person who is making the claim or death of the person whose legal representative is making the claim; (iii) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1987Supp(1)SCC434
..... from this unrebutted evidence of pw 4, puran chand, who was one of the injured in the accident in question and the other circumstances, we are of the opinion that the accident took place on account of the negligence on the part of the driver of the truck and that swaraj kumari died as a consequence thereof. ..... we, therefore, set aside the order passed by the motor accidents claims tribunal, jullundur in mact no. ..... the motor accidents claims tribunal grievously erred in rejecting the claim for compensation. ..... pnj 5112 was involved in the accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1996)ACC603; 1996ACJ1013; 1996IVAD(SC)652; AIR1996SC2155; 1996(2)ALT(Cri)589; [1996]87CompCas240(SC); 1996(2)CTC143; JT1996(5)SC601; 1996(2)KLT283(SC); (1997)1MLJ15(SC);
..... under the motor vehicles act, 1939 in which sub-section (3) of section 110-a although prescribed a period of six months for filing an application for compensation from the date of the accident, but vested power in tribunal to entertain such application even after the expiry of the said period of six months, if the tribunal was satisfied that the claimant was prevented by ..... after the expiry of the said period of six months 'but not later than twelve months', any application filed beyond the period of twelve months from the date of the accident cannot be entertained as no discretion had been left with the tribunal to consider the circumstances because of which the application for claim could not be filed within the period of twelve ..... such amendment has been introduced in the act by the aforesaid amendment act 54 of 1994 by substituting sub-section (6) of section 158 which provides :as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy ..... of section 110-a of the motor vehicles act, 1939 provided :no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident :provided that the claims tribunal may entertain the application after the expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2002)ACC460; 2002ACJ1441; AIR2002SC2607; 2002(4)ALD118(SC); 2002(4)ALLMR(SC)886; 2002(4)AWC2410(SC); 98(2002)DLT410(SC); (2002)4GLR2900; JT2002(5)SC74; (2002)3PLR281; RL
..... 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 ..... (2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall ..... the item 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. ..... rash and negligent driving against the driver of the troller advanced some arguments but we do not think that the finding of fact recorded by the courts of fact namely the motor accident claims tribunal and upheld by the learned single judge as well as the division bench can be re-opened to re-assess the evidence on the point.40. .....
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