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Smt. Maharani Dey and ors. Vs. Debabrata Bardhan and anr.

Court : Guwahati

..... supporting each other, have stated that the claim petition has abated as there cannot be any substitution inasmuch as the injured died long after the accident and the cause of action does not survive to the legal heirs to continue the proceedingon the ground that the injuries so sustained by rebati mohan dey was not the immediate ..... if it is found that the cause of action in a claim petition before the motor accidents claims tribunal, on the death ofthe petitioners, survive to his heirs, the tribunal must order substitution under the provision, of the motor vehicles act, the instant proceeding was started because rebati mohan dey sustained in-iuries in a motor accident and as stated by the petitioner in his petition as a result of the said iniury rebati mohan died ..... interest of the petitioner (rebati mohan dey) since deceased, was knockeddown in accident wherein he was injured by the bus belonging to the opposite party no. ..... the learned member, motor accidents claims tribunal rejected their prayer on the ground that the action brought by rebati mohan was purely a personal one and the cause of action does not ..... learned member, motor accidents claims tribunal inmotor accident title suit no. ..... in this petition that as a result of the im'uries sustained by rebati mohan dey on account of motor accident, he died on 30th chaitra. ..... the above decision, it remains without any doubt thatthe prayer for substitution is entert a in-able in a claim petition before the motor accidents claims tribunal. 5. .....

Uma Gope Choudhury Vs. Kanai Deb and ors.

Court : Guwahati

..... the appellant had filed an application under section 166 of the act before the motor accident claims tribunal, west tripura, agartala, stating, inter alia, therein that the husband of the claimant appellant died on 24.9.2003 at about 1.50 p.m. ..... that the receipt of insurance, provident fund, pension or gratuity benefits by the dependents of the victim of any automobile accident must be altogether excluded from consideration in the award of compensation to them. ..... the learned tribunal framed two issues for adjudication and determination of the claim filed under section 166 of the motor vehicles act, which are quoted hereunder:(a) whether jaharlal gope choudhury died in a vehicular accident due to rash and negligent driving of the vehicle nos. ..... of this court in bhagat singh's case, 1983 acj 203 (p&h;), wherein it has been observed, 'that financial benefits like insurance, provident fund, family pension or gratuity are in essence the deferred earnings of the victim of the accident or the result of his savings, his thrift or foresight. ..... this appeal under section 173 of the motor vehicles act, 1988 (for short 'the act'), is directed against the judgment dated 23.3.2005 passed by the learned motor accident claims tribunal, west tripura, agartala in s. ..... soon after the accident, the deceased was shifted to teliamura rural hospital and attending doctors of the hospital declared him dead on the same day after some time. .....

National Insurance Co. Ltd. Vs. Khantaria Devi and anr.

Court : Patna

..... i am, therefore, to hold that the case filed by the claimant of the case under reference was not time-barred nor the insurance company was absolved from its liability because when the accident took place, insurance policy was valid and the claim thereunder cannot be defeated in violation of the intention of the legislature in the motor vehicles act.4. ..... proceeding further, the appellant's lawyer on his plea of the bar of this case, submitted that since the alleged accident in this case took place in the year 1990, and the case was filed in the year 1997, the case was barred even under article 44(b) of the limitation act. ..... it was submitted by the appellant that the alleged accident took place on 3rd january, 1990 in which harilal died in a motor accident and thereafter the claimant filed the aforesaid case and the order for grant of interim compensation of rs. ..... in my opinion, and admittedly when the alleged accident took place, the insurance policy was valid. .....

General Insurance Council and ors. Vs. State of Andhra Pradesh and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC2696; 2007(5)ALD76(SC); 2007(4)AWC3371(SC); (2008)1GLR521(SC); 2008(3)JKJ48[SC]; 2007(3)KLT547(SC); (2007)5MLJ1290(SC); (2008)149PLR588; 2007(9)SCALE165

..... new cases involving injury/death under the motor vehicles act, 1988 are reported every year;26.3 claims under the motor vehicles act, 1988 are reported after about 7 months from the date of accident;26.4 delay in reporting the claim promotes exaggeration and frauds;26.5 delay in reporting the claim makes investigation and fact verification extremely difficult;26.6 adjudication of cases take about 3 to 5 years.26.7 petitioners insurance companies suffer ..... sub-section (6) of section 158 mandates the police officer to forward a copy of the report to the claims tribunal having jurisdiction and to the concerned insurance company 'as soon as any information regarding any accident involving death or bodily injury is recorded or a report under section 158 is completed by the police officer.'8. ..... section 158(6) of the act reads as under:158(6): 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 ..... learned counsel that a large number of cases alleging sufficient injuries are being filed long after the accidents and this is adding to the pendency of the claims petitions. ..... compensation under section 160, shall furnish the information in form 54, within seven days from the date of receipt of the request and on payment of a fee of rupees ten.form 54[rule 150(1) and (2)]accident infromation report1. .....

Sikkim Ayurvedic (Pvt.) Ltd. Vs. Pyari Tamangni and ors.

Court : Himachal Pradesh

Reported in : (1996)IIILLJ844HP

..... it is also admitted fact that the vehicle met with an accident on march 7, 1990, as a result of which one shri tirtha tamang died. ..... the said vehicle met with an accident on march 7, 1990 as a result of which tirtha tamang died. ..... the accident had taken place on march 7, 1990 and the claim had been pending for nearly three years and the widow of the deceased has to support her 7 minor children. ..... motor accident claims tribunal, kamrup (supra). ..... motor accident claims tribunal kamrup, air 1984 gau 16 and bhaskarbhai v. .....

Krishnadas, Irinjalakuda, Thrissur Dist. Vs. Henry Joseph, Viyyoor, Th ...

Court : Kerala

..... moreover in this claim we must note that both parents of the claimant/appellant had succumbed to injuries suffered in the same accident and we have awarded compensation to the claimant for the death of his father, reckoning his entire income as his own. ..... the fact that both spouses had suffered injuries and had succumbed to those injuries, in the same accident, cannot in any way detract against the applicability of clause 6(b). ..... notional income for compensation to those who had no income prior to accident: fatal and disability in non-fatal accidents: (a) non-earning persons-rs.15,000/- p.a. ..... second schedule appears to have taken into consideration not a case where both spouses die in the accident; but where one spouse survives. ..... he lost both his parents in a motor accident which took place on 24.08.2002. .....

Stumpp Schuele and Somappa Ltd. and Vs. State of Karnataka,

Court : Karnataka

Reported in : (1985)IILLJ543Kant

..... (3) the appropriate made within the period specified government may, if it satisfied therein or where the permission that owing to such exceptional for closure has been refused, the circumstances as accident in closure of the undertaking shall the undertaking or death of the be deemed to be illegal from the employer or the like it is date of closure and the workmen necessary so to do by order, shall be entitled to all the direct that the provisions of ..... (4) every workman appropriate government may, if in the said undertaking who it is satisfied that owing to has been in continuous such exceptional circumstances service for not less than as accident in the undertaking one year in that undertaking or death of the employer or the immediately before the date like it is necessary so to do, of application for permission by order, direct that the under this section shall be provisions of sub-s. .....

Sampat Raj and ors. Vs. Mahipal Singh and ors.

Court : Rajasthan

Reported in : 1977WLN(UC)239

..... this is a miscellaneous appeal under section 110d of the motor vehicles act, 1939 against the award of the motor accidents claims tribunal, jodhpur (district judge, jodhpur) dated january 28, 1974.2. ..... 4,000/- cost of jiew scooter, as ,injvq|vedin the accident w.as, badly damagedand rendered useless.(2) rs. ..... generally after accident the value of the vehicle is reduced in the circumstances the damages to the tune of rs. ..... on the basis of this receipt the learned counsel for the appellant wants me to hold the insurance company to be responsible for this accident. ..... on the date of the accident. .....

Oriental Insurance Company Ltd. Vs. C. Santhamani,

Court : Chennai

Reported in : II(2003)ACC59; 2003(1)CTC323; (2003)1MLJ258

..... considering the fact that the deceased was aged about 58 years on the date of the accident, in the light of his educational qualification and of the fact that even after retirement he was working as adviser to many textile mills, we are of the view that as rightly observed by the tribunal, undoubtedly, he would contribute at least rs.6, ..... since the appeal and cross objection arise against the very same award of the motor accidents claims tribunal, coimbatore, the same are being disposed of by the following common judgment. ..... it is seen from the evidence of p.w.1, second claimant that at the time of the accident, the deceased father was aged about 58 years and at the relevant time, he was working as an adviser in textile mills. ..... rs.limit any one passenger rs.10000/- rs36.00limit any one accident rs.50000/-add:ll to paid driver and/or cleaner/coolies as per endt.imt-16 rs.16.00add:for increased t.p.limits under section 11 1(i) unlimited under sec.11 1(ii) rs. rs. ..... after holding that but for the accident, the deceased chandrasekaran would live up-to the age of 65, multiplied the same by multiplier of 7 and arrived an amount of rs.5,04,000/-. ..... aggrieved by the award of the motor accidents claims tribunal, coimbatore dated 10-1-94 in m.c.o.p.no. .....

Divisional Manager, New India Assurance Co. Ltd. Vs. Shrimati Sumitra ...

Court : Patna

..... it was further submitted that principle of interest accruing from the fixed deposit of a lump sum should have been applied and, moreover, since the accident took place when the m.v. ..... 96,000/- on account of death of her son dinesh yadav in a motor accident that occurred on 4.5.1993 at 11.30 a.m. ..... 15,000/- has been fixed as the income of the non-earning member of the family of the claimant who dies in a motor accident. .....