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Oriental Insurance Co. Ltd. Vs. Shaju Joseph and ors.

Court : Kerala

Reported in : 2009ACJ2254

..... parliament intended to lay a comprehensive scheme for the purpose of grant of adequate compensation to a section of victims who would require the amount of compensation without fighting any protracted litigation for proving that accident occurred owing to negligence on the part of the driver of the motor vehicle or any other fault arising out of use of a motor vehicle.at para 46 the hon'ble supreme court held as ..... clause in terms whereof the owner of the motor vehicle or the authorised insurer is 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 ..... of the note appended to the said schedule the amount of compensation so arrived at in the case of fatal accident, the claim is to be reduced by one-third, in consideration of the expenses which the victim would have incurred ..... the tribunal need only look into the following questions; whether injury was sustained in an accident arising out of the use of motor vehicle of the respondent, the age of the accident victim and the percentage of permanent disability in case the injury is not fatal. ..... following compensation shall be payable in case of disability to the victim arising out of non-fatal accidents:loss of income, if any, for actual period of disablement not exceeding fifty-two weeks.plus either of the following:(a) in case of permanent total disablement the amount payable .....

United India Insurance Company Limited Vs. R. Venkatesan and Dakshinam ...

Court : Chennai

Reported in : 2004ACJ727; (2003)1MLJ268

..... claims tribunal rules, 1989 are enumerated hereunder for strict compliance by all the parties concerned:i) the officer in charge of the police station/investigating officer as soon as any information regarding any accident involving death or bodily injury to any person is recorded, shall forward a copy of the report/complaint within 30 days from the date of recording of information to the claims tribunal having jurisdiction, and ..... police officer not below the rank of a sub-inspector of police, who is entrusted with the investigation of the motor vehicles accident, shall without waiting for the result of the investigation or prosecution and as expeditiously as possible get an application in forms i and ii appended to these rules from the party injured in the accident or all or any of the legal representatives of the deceased, as the case may be, and forward the same to the ..... . it is also the duty of the investigating officer after registration of the case to forward copies of the first information report relating to the accident to the claims tribunal having jurisdiction; and the president of the district committee for legal aid and advice concerned constituted by the tamil nadu ..... officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the central government may prescribe. .....

Vijay Laxmi Devi and ors. Vs. Ram Naresh and ors.

Court : Patna

..... , patna and a prescription were produced but the alleged accident which took place on 11.3.1978 and the certificates were from patna doctor issued on 2.4.1993. ..... it was submitted before me that when the accident was not denied, the court had to pass an order of compensation without going into the fact whether there was any negligence on the part of the driver of the vehicle concerned. ..... so, the impugned judgment passed by the tribunal was unjustified when the accident was admitted by owner of the vehicle.4. ..... however, i am of the opinion that it had to be proved by the applicants that satyanand kumar, of course, died on account of or from the impact of accident even assuming for the sake of argument that the alleged accident took place. ..... brc 22 which met with an accident on 11.3.1978 near kalyanpur block. ..... it was submitted before me by the appellants lawyer that in spite of the fact that owner of the vehicle had admitted the accident in his written statement. ..... 23/8, 22/7 and 21/6 of the 1978/1993 were filed by the descendants of deceased one satyanand kumar who died in accident while traveling in bus no. ..... evidence led by all the claimants in all the three claim cases the tribunal dismissed the claims of the appellants on the ground, inter alia, that it was not proved that satyanand kumar died in the accident caused by the aforementioned bus and that his son and daughter-in-law of the deceased received injuries on account of the alleged accident.3. .....

Ahmedabad Municipal Corporation and anr. Vs. Aminabibi and ors.

Court : Gujarat

Reported in : 1979CriLJ622

..... be that as it may, in the absence of positive evidence as to longevity in the family and excellent health enjoyed by the deceased at or about the time of the accident, it would be hazardous to proceed on the footing that he would have necessarily continued to be gainfully employed or that the dependency benefit would have been available till the deceased attained the age of 70 ..... there is evidence which establishes that in the month of may, 1972, that is to say, just two months before the date of the accident, the deceased had obtained leave for one month on the ground of sickness. ..... have depended upon several imponderable factors such as the health of the deceased, his life coming to an end in the normal course or even otherwise by some other accident which ha might have met with and such and similar other factors. ..... found that the deceased met with his death as a result of the injuries sustained by him in the course of the accident which occurred on account of the rash and negligent driving of the a. m. t. s. ..... those cases where the deceased persons were 50 and 55 years of age, there was positive evidence to indicate that they were in excellent good health at or about the time of the accident and still 12 years' multiple was applied. ..... herein concerned with a person who was aged 59 and about whose robust health at the time of the accident there is, as earlier pointed out, no evidence. ..... it is well settled that in making awards in accident cases, the court is usually guided by awards made .....

Chhotulal and anr. Vs. Hema Ram

Court : Rajasthan

Reported in : 1968WLN236

..... other end and to help the cutter in the adjustment of the wood so that it might be cut in a proper manner, the respondent has stated that a heavy log of wood was being cut at the time of the accident and while it was being so done he tried to adjust the log by pushing it with his left hand and in that process he sustained the injury. ..... counsel took me through the evidence of the respondent to show that his duty was only to remove the wood after it had been cut, but at the time of the accident he attempted to do the job of the cutter and while pushing the wood he sustained the injury, because he had not the experience of a cutter. ..... decision on the subject summed up the legal principles involved in determining whether the accident had arisen out of and in the course of person's employment thus:it is enough if it is established that (1) at the time of the accident he was in fact employed on the duties of his employment; (2) that it occurred at the place where he was performing those duties; and (3) that the immediate act which led to the accident is not so remote from the sphere of his duties as to be regarded as ..... but in the present case the respondent has stated that due to the accident his hand was almost cut at the wrist joint and on the same day it was amputated at the hospital and was ..... the respondent's duty was only to remove the wood after it had been cut, it has to be seen whether at the time of the accident he was doing such work as was foreign to sphere of his duty. .....

inderabai and ors. Vs. M.P. Rajya Parivahan Nigam and ors.

Court : Madhya Pradesh

Reported in : 1(1986)ACC307

..... 4 satwajirao, who were all travelling in the said bus along with decased sadashiv on the date of the said accident, contended that the evidence of these witnesses has not been rebutted in any way as the respondents did not lead any ..... the evidence of these witnesses on this point which has been properly considered by the learned of member of the tribunal, we are of opinion that it has been satisfactorily proved that the accident occurred because of the composite negligence of the bus driver as well as the truck driver. ..... bhopal) that the damages recoverable for loss to the estate of the deceased under section 2 of the fatal accidents act must include damages for loss of earnings of the lost years, i.e. ..... 1 has filed cross-objections mainly on the ground that the accident occurred solely due to the negligence of the truck driver and not that of the bus driver and consequently ..... there is nothing to doubt the evidence of these witnesses who have proved that sadashiv received serious injuries in the said accident and it is because of this accident that this right hand had to be amputated. 12. ..... member of the tribunal has rejected the same mainly on the ground that the cause of death was the accident has not been satisfactorily proved by the claimants. ..... also found that sadashiv received serious injuries in the accident and his right hand, therefore, had to be ..... the insurance company has contended that the accident occurred because of the rash and negligent driving of the bus by its driver .....

Oriental Insurance Co. Ltd. Vs. Baby and ors.

Court : Kerala

Reported in : 2008(3)KLJ626

..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out the use of motor vehicle, compensation, as indicated in the second schedule, the legal heirs or the victim, as the case may be.explanation. ..... a joint reading of sections would show that for death or permanent disablement suffered due to accident arising out of the use of motor vehicles, the claimants need not prove the wrongful act or neglect or default of anyone ..... in an application under section 163-a, it is the tribunal which has to adjudicatein case of fatal accident, amount is and come to the conclusion as to whichfixed and incase of negligence, multiplier will be applicable.multiplier is fixed on the basis of agegroup as stated in schedule ii a part ofsection.---------------------------------------------------------------------------------------7 ..... only evidence regarding the factum evidence regarding negligence, variousof accident and vehicle involved in other aspects regarding claim forthe accident, age of the motor compensation etc. ..... apart from that, here there is no proof that the accident occurred due to the contributory negligence of the claimant. ..... in that case, it was also proved that the accident occurred due to the negligence of the driver himself ..... : [2001]1scr8 awarded compensation where the accident occurred due to the bursting of tyres .....

Union Co-operative Insurance Society Ltd. and anr. Vs. Bhartiben and o ...

Court : Gujarat

Reported in : AIR1979Guj121; (1978)GLR820

..... showing that the said respondent has suffered something more than mere sorrow or grief or mourning, that is to say, sonic recognisable psychiatric illness which again has resulted from his having witnessed the accident, it would thus appear that both the principles referred to earlier and governing award of damages in cases of tort of negligence and particularly in cases of mental or nervous shock and suffering ..... child and seen taxi-cab backing on to the tricycle which lie was riding, from an upstairs window in a house situate at a distance of about 70 or 80 yards away from the site of the accident, was denied damages on the ground that the taxi-driver could not reasonably have contemplated that if be backed his taxicab without looking where he was going, he might cause to the mother the injury complained ..... basis of this reasoning declined to award damages to a fish-wife who was standing about 45 feet away from tile point of impact and who had heard the noise but not seen the accident, although it was proved that she had suffered fright resulting, in severe nervous shock which disabled her from carrying on her trade for sonic time and she gave birth about a month ..... of course, the case of the first respondent stands on a different footing t all that of the third respondent inasmuch as she has not only witnessed the accident but was herself so placed that she could as well have suffered physical injury had she not left the pillion and gone forward to warn the driver of the truck .....

Dipak Kumar JaIn Vs. Rita Das and ors.

Court : Guwahati

..... a situation, such as the present one, merely because of the fact that two vehicles were involved in the accident, no liability to make payment of compensation could have been imposed on the present appellant as owner of the vehicle ..... not at fault and this respondent is not liable to pay compensation, yet if his vehicle is found to be involved in the said accident and he is found liable to pay compensation, the insurer of the said vehicle, namely, m/s new india assurance co. ..... the learned tribunal has already held that at the relevant time of the accident, the offending vehicle was not insured nor was it being driven by a driver having ..... of the evidence on record, there can be no escape from the conclusion that the said accident took place, because of the rash and negligent driving of the vehicle no. ..... making the owners of both the vehicles involved in the accident as parties to a claim proceeding does not necessarily mean that the owners/insurers of both the vehicles must be fastened with the liability to pay compensation even if there was no fault on the part of the driver ..... a valid insurance policy on the date of the accident and the driver also had a valid driving licence ..... compensation for the death of her husband, namely, dilip rajbongshi, in a motor vehicular accident and the present appellant as well as respondent no. ..... , the claimant has examined, i notice, the police officer, who, on receipt of the information about the accident, came to the place of accident and made enquiries. .....

Jhulan Rani Saha Vs. National Insurance Company and ors.

Court : Guwahati

..... one fundamental principle of law of torts that would govern claims under the act arising in regard to fatal accidents is that what the claimant could obtain is based on pecuniary loss sustained by the claimant.the heirs of the deceased are not entitled to any compensation for pain or mental agony suffered by them on account of the ..... 10/90, dated 8.6.1993 this court has held that on the death of a person in a motor vehicle accident, claim for compensation under section 110-a of the act can be made only by or on behalf of legal representatives of the deceased, that such legal representatives are entitled to compensation and that compensation cannot be claimed by or on behalf ..... desirable that claimant furnishes particulars of the vehicle involved, the particulars of driver, owner and insurer of the vehicle, of the accident, of the injuries sustained, of cause of death, damages to property sustained, cause of the accident, and rashness or negligence of the driver or the owner etcetera. ..... has no case that she was present at the time of the accident and on seeing the same suffered psychiatric illness on account of nervous ..... all controversial aspects including cause of accident, income and contribution having regard to the state of suffering at the time of the accident and future prospects, position, status and circumstances of the victim at the time of the accident and future prospects thereof, circumstances relevant to fix the multiplier and compensation under various heads must be .....