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Calcutta Insurance, Madras, Now Known as National Insurance Co. Ltd. V ...

Court : Chennai

Reported in : AIR1982Mad83

..... of the matter, we have to set aside the finding of the tribunal that the insurance company continues to be liable under the terms of the policy in respect of an accident, notwithstanding the fact that the original insured transferred the insurance policy in favour of the fourth respondent therefore, the award passed as against the appellant herein will stand set aside ..... the parties adduced evidence to substantiate their respective pleas and after analysing the evidence the tribunal held that the accident had occurred due to the rash and negligent driving of the car msr 5018, by its driver that a fair ..... he also contended that the said car had been left for repairs with messrs eswar automobiles on 14-8-1972, that the accident having occurred while the car was driven by the driver employed by the said automobiles the partners of the said automobiles are to be added ..... having regard to the short interval between the date of the transfer and the date of the accident, there is no possibility of the insurer intimating about the factum of lapse of the policy on the transfer to the registering authority, though the judgment of the bombay high court in ..... in this case, within one week from the date of intimation of the transfer, the accident had happened and whatever the insurance company might say after the date of the accident may not be material for deciding the question as to whether it had impliedly agreed for any novation and to substitute the purchaser as an insured under the policy taken .....

Mostt. Tara Devi Vs. National Insurance Co. and anr.

Court : Patna

..... the learned advocate of the respondent that as per the fardbeyan of ram bahadur singh (ext.2) which is the basis of the claim case in the alleged accident one palara singh, son of late mahabir singh of village madhurapur had sustained injury, who was admitted to teghra primary health centre on 23.8.1994. ..... and 337 of the indian penal code only but that cannot affect the merit of the case of the claimant because chargesheet was submitted within 5 days of the said accident whereas according to the case of the claimant, the injured ram charitar alias palara singh died after 14 days of the alleged occurrence i.e. on 4.9.94. ..... to depose that the occurrence had taken place due to rash and negligent driving of the driver of the vehicle and i am of the view that in absence of the proof that the accident was caused due to rash and negligent driving of the driver of the vehicle, the compensation as claimed by the claimant cannot be granted. ..... the learned advocate of the respondents that even if it is admitted that the claimant's husband died in a motor vehicle accident, the claimant is not entitled to receive compensation unless it is proved that the accident had taken place due to rash and negligent driving of the driver of the vehicle. ..... liable to pay compensation in absence of any proof that the driver of the vehicle had valid licence and the vehicle in question was insured under the company and that the accident had taken place due to rash and negligent driving of the driver of the vehicle.4. .....

New India Assurance Co. Ltd. Vs. Fida HussaIn and anr.

Court : Patna

..... 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 ..... be a misfortune....the time is ripe for serious consideration of creating no fault liability, having regard to the directive principles of the state policy, the poverty of the ordinary run of victims of automobile accidents, the compulsory nature of insurance of motor vehicles, the nationalisation of general insurance companies and the expanding trend towards nationalisation of bus transport, the law of torts based on no fault needs reform.again in ..... for compensation, on the basis of-(i) first information report,(ii) injury certificate or post-mortem report in case of death,(iii) registration certificate of the motor vehicle involved in the accident,(iv) cover note, certificate of insurance or the policy, relating to the insurance of the vehicle against third party risks,(v) the nature of the treatment given by the medical officer ..... of the application for compensation, the claims tribunal shall give notice to the owner, and the insurer, if any, of the vehicle involved in the accident, directing them to appear on a date not later than ten days from the date of issue of such notice, the date so fixed for such .....

Safique and ors. Vs. Manas Kumar Mukherjee and ors.

Court : Patna

..... was working on the said tractor as labourer specially when the trailor was also insured alongwith the tractor and there is nothing on record to establish that at the time of accident the tractor and trailor were being used for commercial purpose and not for agricultural purpose. ..... , both the respondents have accepted that the deceased had died in the accident which had occurred on 3.5.1997 and in the said accident the tractor in question was involved which was being driven by shambhu sah ..... zafir that the deceased was an employee of manas kumar mukherjee and at the time of accident he was working as labourer on the offending tractor belonging to manas kumar mukherjee, i find that the said evidence of a.w.1 stands corroborated by the evidence of a.w.2 dinesh yadav who has deposed at paragraph 2 of his cross-examination that ..... manjar who was working as labourer on the tractor which met accident on 3.5.97 had died in a motor-vehicle accident involving the tractor in question and as such the applicants, who are legal heirs of the deceased, are entitled to ..... also proved from the fact that the trailor attached with the tractor was found empty at the time of accident and no other material was found loaded on the said tractor or trailor. ..... argued by the learned advocate appearing on behalf of the owner of the vehicle that since the vehicle in question was insured and the insurance policy was valid at the time of accident, as such the insurance company is liable to pay the entire compensation. .....

New India Assurance Company and anr. Vs. Roopabai W/O Shankar Indasrao ...

Court : Mumbai

Reported in : III(2006)ACC897; 2006(4)ALLMR698; 2006(6)BomCR868; 2006(3)MhLj519

..... prior to the said amendment, section 95(2)(a) stood as under :section 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 up to 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 bodily injury to, ..... govindan, it was held by the supreme court that even where the motorcycle was transferred by the insured prior to the date of accident but no intimation of transfer was given to the insurance company, liability of the insurance company would not cease so far as third party is concerned. ..... several issues were framed by the learned tribunal and after hearing oral and documentary evidence, the learned tribunal held that the accident had occurred due to rash and negligent driving of the truck and not due to any negligence on the part of cyclist ..... it is not necessary to make any comment about these observations but it is clear that the learned tribunal had no doubt in mind that the accident had taken place due to the rash and negligent driving of the truck resulting in two death. ..... in the case of prakash khatri (supra), the division bench held that if the accident had taken place prior to motor vehicles act, 1988 coming to force, no fault liability would be restricted as per provision of section 92(a) of the motor vehicles act, 1939 .....

Oriental Insurance Co. Ltd. Vs. Olivia Vaz and ors.

Court : Mumbai

Reported in : III(2004)ACC537; 2004(3)ALLMR467

..... held that the material date for ascertaining the extent of liability of the insurer is the date of the accrual of the cause of action for a claim arising out of an accident, which in general would be the date of the accident and, therefore, the insurer's liability arising out of an accident which happens after march, 2,1970, has to be determined on the basis of the amended provisions of section 95(2)(a) of the act, even though the policy of insurance may have ..... there is no dispute that the compensation awarded has to be as on the date of the accident and not as on the date of the giving of the judgment or passing of the award, as held by the supreme court in the case of padma srinivasan ..... appellant is the insurance company, which is aggrieved by the judgment and order passed by the motor accident claims tribunal, south goa at margao on 17th december, 1991, in claim petition no. ..... is, therefore, crystal clear from the provisions of law and also from the judgment of the supreme court as well as our high court, that the liability of the insurance company would occur as on the date of the accident and in accordance with the provisions of law prevalent on the date of the accident and in accordance with the insurance policy. ..... correctly the relevant section, fairly conceded that, that was not the correct legal position and he fairly accepted that the liability of the insurance company qua the passenger buses involving accidents with other passengers, namely third parties, is upto rs. .....

Channappa Chanavirappa Katti and anr. Vs. Laxman Bhimappa Bajantri and ...

Court : Karnataka

Reported in : AIR1979Kant93; [1982]52CompCas609a(Kar); ILR1979KAR863

..... the compulsory policy of insurance issued by the insurer, in respect of the vehicle; (5) that the agent was in fact the owner of the goods vehicle at the time of the accident and as such, he alone was liable to pay compensation in respect of the death of the cleaner; and (6) that the compensation payable in respect of the death of the owner of the goods was liable to ..... was not liable for the claim for compensation made in respect of the death of somappa the owner of the goods, who was being carried in the vehicle at the time of the accident, for, such owner of the goods was not entitled to travel in a goods vehicle which carried his goods and such person's risk could not be considered to have been covered under ..... statements of the insurer, it can be seen that the non-liability pleaded by the insurer on the ground of ownership of the vehicle not being with the policy-holder on the date of the accident was common to both cases; and the non-liability for the claim for compensation made in respect of the death of the owner of the goods on the ground that the risk of such ..... found in its common order made in the cases as follows: (1) having regard to the nature of the road on which the vehicle was driven at the time of the accident and the manner in which the accident had taken place, the driver of the vehicle was guilty of rash and negligent conduct in driving the vehicle and such conduct of the driver was responsible for the occurrence of .....

T. Dinakar Vs. P.J. Jagadish and ors.

Court : Karnataka

Reported in : 2000ACJ228

..... the tribunal held that in addition to the owner of the vehicle as there has been a valid coverage of insurance at the time of accident in this case and so insurance company was and has been liable for payment of damages in each of the three cases and gave ..... 2296, 2297 and 2298 of 1993, as there was no insurance of the vehicle in question according to it on 9.1.1989, that is, the date of accident, so the insurance company pleaded it is not liable to pay any compensation amount nor liable to indemnify the owner of the involved oil tanker and prayed for dismissal of the case against the ..... ramananda shenoy have died on account of the injuries sustained by them in the vehicular accident in question, which had taken place on account solely of rash and negligent driving of the oil tanker by the driver of ..... learned counsel for the insurance company, appellant, contended that the accident did take place on 9.1.1989 and on that date the vehicle was not covered by third party insurance and so the insurance company was not liable to pay any amount towards compensation in ..... (3) whether the petitioners prove that in the above said accident the deceased padmanabha sustained grievous injuries to his person and succumbed to the same ..... 2013 of 1993 submitted that the findings on question of accident being caused on account of negligence of the driver of the oil tanker and the finding that the injuries have been caused to the present injured appellant have been of grievous nature, that is, fracture .....

Depot Manager, Andhra Pradesh State Road Trans. Corpn. and anr. Vs. Ra ...

Court : Andhra Pradesh

Reported in : 1998ACJ454

..... it was further held that the injured in such a case is entitled to compensation for pecuniary losses such as (a) loss of earnings from the date of the accident (b) medical and travel expenses and special diet; and (c) expenses for attendant up to trial and in future and for non-pecuniary losses for pain, suffering and loss of expectation ..... pointed out therein that when compensation is awarded by the courts and the tribunals even the tort-feasor should feel that he is atoned for the sin committed by him in committing the accident robbing the precious life of a human being and injuring an innocent person for no fault of his. ..... doubt has fortification from the precedents but by examining the facts and circumstances of those cases dealing with the accidents of different dates and the circumstances, they may not be a total guide to decide such a question. ..... marriage, avocation, education, social, economical, cultural and political opportunities;(8) loss of beauty due to disfigurement;(9) disability, both physical, mental and social;(10) medical expenses towards future treatment, if any;(11) loss of property during the accident; and(12) any other item depending upon the facts and circumstances of each case. ..... moreover, in view of the doctrine of res ipsa loquitur, when once accident is established and when the driver of the vehicle takes upon himself the burden to prove want of negligence, in view of the presumption of negligence in driving the vehicle, the disproof of the same requires a .....

Dewan Hari Chand and ors. Vs. Municipal Corporation of Delhi and anr.

Court : Delhi

Reported in : AIR1973Delhi67; 8(1972)DLT199

..... application under section 110-a of the motor vehicles act, 1939 (hereinafter refereed to as the act) was filed in the court of the motor accidents claims tribunal (hereinafter referred to as the tribunal) by his father and his three brothers claiming compensation of rs. ..... that the list of the legal heirs mentioned in section 1-a of the fatal accidents act is exhaustive and that no other relations or dependents of the deceased like his brothers or sisters can claim compensation has been held by the lahore high court in bishen das ..... this does not affect the main conclusion of their lordships that the term 'legal representative' in section 110-a of the act includes the persons referred to as 'representatives' in section 1-a of the fatal accidents act, namely the wife or husband, parent and child of the deceased. ..... failure to take such precautions amounts to culpable negligence, i, thereforee, agree with the finding of the learned tribunal that the accident occurred due to the rashness and negligence of the driver of the bus. ..... first petitioner was aged about 66 years at the time of the accident and the learned tribunal estimated his life expectancy at 71 years. ..... three witnesses were examined on behalf of the petitioners to prove that the accident occurred due to the rashness or negligence of the driver of the bus. a. ..... 4 and 7, the learned tribunal held that the accident occurred only due to the rashness and negligence of the driver of the bus and that the deceased was not guilty of any .....