Court : Supreme Court of India
Reported in : 2009ACJ1298; AIR2009SC3104; 2009(3)AWC2138(SC); 162(2009)DLT278(SC); JT2009(6)SC495; 2009(4)MPHT99(SC); RLW2009(4)SC2785; 2009(6)SCALE129; (2009)6SCC121; 2009(5)LC2280(SC); 2009(2)TNMAC1(SC)
..... it must be realized that the tribunal/court has to determine a fair amount of compensation awardable to the victim of an accident which must be proportionate to the injury caused.compensation awarded does not become `just compensation' merely because the tribunal considers it to be just ..... as against the contention of the appellants that if the deceased had been alive, he would have earned the benefit of revised pay scales, it is equally possible that if he had not died in the accident, he might have died on account of ill health or other accident, or lost the employment or met some other calamity or disadvantage. ..... the first column gives the age group of the victims of accident, the second column indicates the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of the deceased victim ..... we extract below the principles laid down in susamma thomas:in fatal accident action, the measure of damage is the pecuniary loss suffered and is likely to be suffered by each dependant as a result of the ..... the contention urged by the claimants is accepted, it would lead to the following situation: the claimants only could rely upon the pay scales in force at the time of the accident, if they are prompt in conducting the case. ..... rajinder prakash died on account of injuries sustained in a motor accident which occurred on 18.4.1988 involving a bus bearing no. ..... 3500/- per month) at the time of accident, this court assumed the income as rs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1998)ACC512; 1999ACJ10; 1998VIIAD(SC)269; AIR1998SC3191; 1999(1)ALLMR670; [1999]95CompCas509(SC); (1999)1GLR322; JT1998(6)SC418; 1998(2)MPLJ563; RLW1999(1)SC126; 1998(5)
..... (we do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved partly would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even partly ..... this leads us to an irresistible conclusion that principle of compensation of the compensation both under the english fatal accidents act, 1846 and under the indian fatal accidents act, 1855 by the earlier decision, were restrictive in nature in the absence of any guiding words therein, hence the courts applied the general principle at the common law of ..... the claimants, the heirs of rajaratnam, filed a suit against this company, claiming compensation under section 1 of the fatal accidents act, 1855 for the loss of pecuniary benefit sustained by them personally and under section 2 for the loss sustained by the estate on ..... thus, these courts by giving restrictive interpretation in computation of compensation based on the limitation of the language of the fatal accidents act, fell into an error, as it did not take into account the change of language in the 1939 act and did not consider the widening of the discretion of ..... 'the general rule which has always prevailed in regard to the assessment of damages under the fatal accidents acts is well settled, namely, that any benefit accruing to a dependent by reason of the relevant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1996)ACC617; 1996ACJ1044; AIR1996SC2627; 1997(1)BLJR247; [1998]91CompCas526(SC); (1997)2GLR1093; JT1996(5)SC728; (1996)114PLR311; 1996(5)SCALE388; (1996)5SCC21; [1996]Su
..... other amendment which can be referred to in this connection, which has been introduced by the aforesaid amendment act of 1994 as sub-section (6) to section 158 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-in-charge of the police station shall forward a copy of the same within ..... of which an application for compensation under sub-section (1) of section 166 now can be made, at the option of the claimants 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. ..... the tribunal and the high court, it appears that gurubachan singh was the regular driver of the bus, but at the time of the accident rajinder pal singh who was cleaner/conductor of the bus was driving the bus - obviously with the consent and authority of the regular driver gurubachan ..... (3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to keep the promise.to examine the correctness of the aforesaid view this appeal was referred to a three judges' bench, because on behalf .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003ACJ1999; AIR2004SC4394; 2003(6)ALD94(SC); 2003(4)ALLMR(SC)1148; 2003(3)BLJR2072; 97(2004)CLT71(SC); [2004]118CompCas15(SC); [2004(1)JCR34(SC)]; JT2003(Suppl1)SC273; (20
..... the parliament in its wisdom, realised the grave injustice and injury being caused to the heirs and legal representatives of the victims who suffer bodily injuries/die in accidents, by rejecting their claim petitions at the threshold on the ground of limitation, and purposely deleted sub-section (3) of section 166, which provided the period of limitation for filing the claim petitions ..... the only contention, which has been strenuously urged by the counsel for the appellant, is that the accident had taken place on 18.2.1989 and the claim petition was filed on 2.11.1995; when the claim was barred under the old act, the same could not have been ..... of sub-section (3) from section 166 of the act can be tested by an illustration suppose an accident had taken place two years before 14.11.1994 when sub-section (3) was omitted from section 166. ..... (3) 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 but not later than twelve months, if it is satisfied that the applicant ..... (3) 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 from making the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2000)ACC1; 2000ACJ1; AIR2000SC235; 2000(1)ALLMR(SC)346; 2000(1)BLJR1; [2000]99CompCas258(SC); 2000(1)CTC370; JT1999(9)SC416; (2000)1MLJ115(SC); 2000(2)MPHT340; 2000MPLJ33
..... sub-section (2) provides that a policy of insurance shall cover any liability incurred in respect of any accident, up to the following limits, namely:(i) save as provided in clause (b) the amount of liability incurred;(ii) in respect of damage to any property of a third party, a limit of rupees six thousand:provided that any policy of insurance issued with any limited ..... hence the decisions rendered under the old act vis-a-vis gratuitous passengers are of no avail while considering the liability of the insurance company in respect of any accident which occurred or would occur after the new act came into force.12. ..... : air1999sc589 to disclaim liability on the premise that the victim of the accident was gratuitous passenger in the vehicle covered by the insurance policy. ..... the motor accident claims tribunal before which the claim was made passed an award in a sum of rs. ..... the accident occurred while she was travelling in the truck on 11.3.1990. ..... commencement or till the date of expiry of such policy whichever is earlier.hence, under sub-section (2), there is no upper limitation for the insurer regarding the amount of compensation awarded in respect of death or bodily injury of a victim of the accident. ..... a 10 year old girl met with her death in a truck accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996ACJ1; 1995(6)SCALE270; (1995)6SCC623; 1996(1)LC13(SC)
..... the further fact to be noted here is that the appellant was just 18 years old at the time of accident as found by the high court and he has to live with that throughout his life. ..... the learned judge while concurring with the finding of the tribunal that the accident had occasioned on account of the negligence on the part of the person who drove the road-roller, reduced the compensation from 1,45,0007- to rs. ..... that reasoning on the facts of this when the finding is that the accident had occasioned while the road-roller was on the move and the negligence was on the part of the person who drove the road-roller belonging to the respondents. ..... as the accident was due to the negligence on the part of the person who drove the road-roller belonging to the first respondent, the appellant moved a claim petition before the motor accident claims tribunal, etawah, claiming a sum of rs. ..... as result of the said accident, the appellant's right leg had to be amputated. ..... the appellant while working as beldar, to be more specific while pouring water on then wheels of road-roller moving on the road, met with an accident on 8.5.1989. ..... be mentioned at this place that the regular driver who was permitted to drive the said road-roller was on leave and the cleaner who had no licence factually drove the road-roller on the date of accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1999ACJ192; AIR1998SC3036; 1999(1)BLJR103; JT1998(4)SC315; (1998)3SCC145
..... in our view, looking to the facts and circumstances of the case and the future prospects available to the deceased had he not died prematurely in the accident and the economic prospects which were available to him and his family and dependants had he not died, the award of compensation of rs 2,11,200 by the high court deserves to be enhanced to a lump sum figure of rs 3 lakhs which ..... their breadwinner died in a motor accident in 1985. ..... he had a lucrative future career which was cut short by the accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994Supp(2)SCC507
..... we allow the appeal, set aside the judgment of the tribunal and of the high court, condone the delay in filing the application for compensation before the motor accident claims tribunal, jaunpur and remand the case to the tribunal for decision on merits after hearing the parties in accordance with law. ..... he further stated that he did not know the court procedure and as such he consulted one ram lakhan upadhyaya, advocate who advised him that an application for compensation before the motor accident claims tribunal could be filed after the decision in the criminal trial against the accused-driver. ..... of limitation, does not sound convincing but keeping in view the facts and circumstances of this case, especially the extreme shock under which the appellants were labouring, we are of the view that the motor accident claims tribunal should have condoned the delay and decided the claim on merits.5. ..... appellant ram kishan, in support of the application for condonation of delay before the tribunal, stated that his young son having died in the accident, he was deeply bereaved and was not in his senses. ..... the appellants filed an application for compensation along with an application for condonation of delay before the motor accident claims tribunal, jaunpur in the year 1977. ..... the criminal trial concluded on november 28, 1977 and thereafter he filed the application before the motor accident claims tribunal in december 1977.4. ..... their son hem chand died as a result of accident on march 2, 1974. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2005)ACC143; AIR2005SC570; 2005(5)ALLMR(SC)439; [2005(104)FLR440]; [2005(2)JCR196(SC)]; JT2005(1)SC116; (2005)ILLJ569SC; (2005)3SCC241; (2005)1UPLBEC817
..... doubt by the evidence adduced by the management's side that the delinquent was careless, negligent and rash in driving the bus at the time of the occurrence resulting in this accident and he is responsible for this accident and consequences thereof and the defence evidence by way of two statements adduced by the delinquent in proof of his defence cannot be given any credit or credence for reasons already expatiated. ..... the learned counsel urged that the admitted photographs of the bus in question after it met with an aforementioned accident clearly demonstrate that the same was being driven in a rash and negligent manner as a result of which 7 ..... the tamarind tree branch which resulted in the passengers at the left side of the bus to sustain grievous injuries and that seven passengers died in the aforesaid accident and about 10 passengers sustained grievous injuries and that you were responsible for the same.3. ..... the normal rule is that it is for 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. ..... ipsa loquitur comes into play and the burden shifts on to the man who was in control of the automobile to establish that the accident did not happen on account of any negligence on his part. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC3279(SC); JT2009(9)SC89; 2009(6)MhLJ925(SC); (2009)6MLJ581(SC); RLW2009(4)SC3515; 2009(9)SCALE480; (2009)7SCC768; 2009(8)LC3719(SC)
..... as the said stock was gutted in the fire accident and the same was insured, we would like to make a claim with regard to the loss insured by us due to the fire accident. ..... subsequently, a fire accident occurred in the month of march, 1988 in the premises of the company and the entire stock insured was gutted in the fire. ..... so, you are hereby requested to give the claim forms thereby enabling us to make a claim for the loss occurred due to the fire accident. .....
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