Court : Supreme Court of India
Reported in : (1998)8SCC438
..... the respondent repudiated its liability under the policy on the ground that at the time of the accident, the vehicle was carrying passengers in violation of the terms of the policy. ..... the complainant was the owner of the truck which met with an accident on october 14, (sic) and suffered extensive damage. ..... 77,500 with interest at 12% from the date of accident till payment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1997(3)SC290; (1997)9SCC60; [1997]2SCR650; 1997(1)LC595(SC)
..... in connection with this accident gail set up a committee consisting of the additional director, oil industry safety directorate and two gail officers not connected with the project to report on the investigation of the failure of the desu-maruti pipeline at dhaula ..... we need not examine at length the various facts found by the committee as leading to that accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)9SCC352
..... we, accordingly, allow the appeal and hold that in the event of the insurance company paying to the appellant or depositing in the motor accidents claims tribunal the amount of rs 3 lakhs within six weeks the decree shall stand satisfied. ..... this is because the tribunal has found as a fact that at the time when the accident occurred the appellant was driving on the correct side of the road and the motor car coming from the opposite side was being driven in a zigzag manner and it struck the motorcycle by coming to the ..... the appellant was a victim of an accident and the motor accidents claims tribunal awarded rs 6 lakhs as damages but restricted liability of the respondents to the extent of 50 per cent. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2001)ACC90; 2001ACJ647; (2001)ILLJ177SC; (2001)9SCC395
..... a claim was made under the workmen's compensation act, 1923 for compensation in respect of death of smt gita who died on account of an accident that took place while she was engaged in doing work for the appellant.2. ..... it is, no doubt true that accident must have a casual connection with the employment and arise out of it. ..... the view taken is that the concept of the liability under the act is wide enough to cover a case of this nature inasmuch as death had taken place arising as a result of accident in the course of employment. ..... the accident, it is stated, took place on account of lightning. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ2170; AIR2008SC2851; 2008(5)ALD116(SC); 2008(4)AWC3835(SC); (2008)5MLJ1171(SC); RLW2008(4)SC3453; 2008(8)SCALE604; (2008)6SCC767; 2008(2)LC786(SC); 2008AIRSCW4712; AIR2008SC2851; 2008(6)SCC767; 2008ACJ2170; 2008(4)LH(SC)2369
..... is concerned, the same was filed by the wife of the deceased who was also injured in the same accident, claiming compensation on account of medical expenditure, pain and suffering and disability. ..... referred to the evidence on record to conclude that the deceased was also partially responsible for the accident and therefore it clearly held that there was contributory negligence. ..... therefore, when two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims that the injured claimant himself was negligent, then it becomes necessary to consider whether the injured claimant was negligent and if so, whether he was solely or partly responsible for the accident and the extent of his responsibility, that is ..... was wrong in holding that the deceased had not contributed to the accident and there was no contributory negligence. ..... person suffers injury, partly due to the negligence on the part, of another person or persons, and partly as a result of his own negligence, then the negligence on the part of the injured which contributed to the accident is referred to as his contributory negligence. ..... question as to who contributed to the happening of the accident, it becomes relevant to ascertain who was driving his vehicle negligently and rashly and in case both were so doing who were more responsible for the accident and who of the two had the last opportunity to avoid the accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ627; AIR2008SC614; 2008(1)AWC260(SC); (2008)2CompLJ480(SC); [2008(1)JCR208(SC)]; 2008(1)MPHT437(SC); (2008)149PLR434; RLW2008(1)SC697; 2007(3)SCALE588; JT2007(13)SC246; 2008ACJ627; 2007(8)Supreme343; 2007AIRSCW7677; AIR2008SC614; 2008(1)SCC696; (2008)1SCC(Cri)308; 2008(2)CivilLJ521; 2
..... the respondent also does not say that any permit was granted to the appellant for plying the vehicle as a transport vehicle under section 66 of the act, moreover, on the date of accident, the vehicle was not carrying any goods, and though it could be said to have been designed to be used as a transport vehicle or goods-carrier, it cannot be so held on account of the statutory prohibition contained in section 66 of ..... complainant, insurance company wrongly presumed and proceeded on the basis that the vehicle was driven by ram narain at the time of accident, who was having a valid driving licence to drive only light motor vehicle and negatived the claim. ..... nature of things involve the time cost and money cost invested from the scarce resources of the community would make a mockery of the injured victim, or the dependents of the deceased victim of the accident, who themselves are obliged to incur not inconsiderable expenditure of time, money and energy in litigation. ..... julfikar who possessed valid licence to ply the vehicle but as soon as the accidence took place, he fled away since he was scared that passengers in the bus might not spare him and he ..... so provided in order to ensure that the injured victims of automobile accidents or the dependents of the victims of fatal accidents are really compensated in terms of money and not in terms of ..... observed that from the evidence on record, it was proved that at the time of accident, ram narain was plying the vehicle in question and not mohd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ1612; AIR2008SC2493; 2008(3)ALD18(SC); 2008(3)ALLMR(SC)851; IV(2008)CPJ30(SC); JT2008(5)SC371; 2008(2)KLT429(SC); 2008(4)MhLj686; (2008)5MLJ748(SC); (2008)151PLR257; 2008AIRSCW3440; AIR2008SC2493; 2008(5)SCC107; (2008)2SCC(Cri)531; 2008ACJ1612; 2008(2)Supreme841; JT2008(5)SC371
..... 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 ..... an application for payment of compensation is filed before the tribunal constituted under section 165 of the act for adjudicating upon the claim for compensation in respect of accident 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 ..... vehicle, although may not have anything to do with the use of vehicle at the time of the accident, actually he may be held to be constructively liable as the employer of the driver. ..... appellant herein filed a written statement stating that on the date of accident the ownership of the vehicle was solely with the 4th respondent and not ..... an award and while doing so it can specify the amount which could be paid by the insured or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be. 16. ..... of the fact that it was not the case of the claimants that the appellant was in possession or control over the vehicle at the time of accident, the impugned judgment is wholly unsustainable. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ2035; 2008(4)ALD21(SC); 2008(3)ALLMR(SC)875; (SCSuppl)2008(3)CHN1; (2008)2CompLJ475(SC); IV(2008)CPJ1(SC); 2008(5)CTC184; 2008(3)KLT332(SC); (2008)151PLR754; 2008(3)CivilLJ435; 2008ACJ2035; 2008(4)Supreme60; 2008(4)LH(SC)2507
..... similarly, in swaran singh's case (supra), this court has held as under: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 ..... section 149(2)(1)(ii) of the motor vehicle act empowers the insurance company to repudiate a claim wherein the vehicle in question is damaged due to an accident to which driver of the vehicle who does not hold a valid driving licence is responsible in any manner. ..... is; can the insurance company repudiate a claim made by the owner of the vehicle which is duly insured with the company, solely on the ground that the driver of the vehicle who had nothing to do with the accident did not hold a valid licence? ..... the aforesaid case relates to the accident where the main or contributory cause of accident was negligent driving at the relevant time of the accident. ..... on which reliance was placed by the state commission, in our opinion, does not come to the aid of the insurance company in repudiating a claim where the driver of the vehicle had not contributed in any manner to the accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1912; 2007(4)ALT61(SC); 2007(3)AWC2113(SC); 2007(5)CTC173; [2007(3)JCR117(SC)]; (2007)5MLJ1269(SC); (2007)148PLR356; RLW2007(4)SC3068; 2007(7)SCALE517
..... the insurer took the stand that since the death of the deceased was never intimated to the insurer and also about the alleged accident, the petition appears to have been a collusive petition. ..... on receipt of the notice from the motor accident claims tribunal, chandigarh (in short the 'tribunal') responses were filed by the respondents. ..... in the claim petition filed on 15.3.1997 which was registered on 17.3.1997, it was alleged that the son of balwant singh (claimant) and the present appellant, died as a result of the vehicular accident in which the aforesaid car was involved. ..... the tribunal on consideration of the rival stand came to hold that the accident took place in the manner described. ..... the accident took place on 5.2.1997 when karan arora (respondent no.1) came to the house of the claimant and requested the deceased to accompany him in his car. ..... the vehicle met with an accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ268; AIR2008SC484; 2008(1)ALLMR(SC)436; 2007(4)AWC3957(SC); (2008)2GLR1403(SC); [2008(1)JCR14(SC)]; JT2007(12)SC319; (2008)1MLJ66(SC); (2008)149PLR315; RLW2008(1)SC6; 2007AIRSCW7337; AIR2008SC484; 2008(1)SCC423; (2008)1SCC(Cri)224; 2008(3)CivilLJ90; 2008ACJ268
..... thus, there can be no doubt that the owner of the goods can travel in the goods vehicle and if they are involved in the accident, their risk is covered subject to the terms and conditions of the policy issued by the insurance companies.21. ..... 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.7. ..... the tribunal, while determining the issue as to whether the accident took place due to rash and negligent driving of the first respondent - driver of lorry aew 5199, held:.the lorry was overturned and caused the instantaneous death of four passengers. ..... , as a result of rash and negligent driving of the driver, the accident took place as the lorry struck to a stationary truck. ..... he also deposed that the accident took place due to the negligence of the driver of the said lorry. ..... at the time of the accident i was in the crime lorry by the side of the driver. ..... in this case, the accident took place on 1.5.1997. ..... in the aforementioned case, accident took place on 24.12.1993. ..... the motor accident claims tribunal, nalgonda, by a judgment and award dated 13.11.1997 awarded various sums overruling the defence of the appellant herein that they were unauthorized passengers ..... the date of accident being 16.12.1993, the amendment carried out in the year 1994 in section 147 of the motor vehicles act would not be applicable. 13 .....
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