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Bihar State Road Transport Corporation Ltd. and anr. Vs. Chintamani Sh ...

Court : Patna

..... motor cycle came over narrow bridge, the transport bus stopped seeing the motor-cycle coming to it in rash and negligent way and cashed against the stationery bus of the transport and hence the accident took place due to the negligence of the driver of the motor cycle.4. ..... 58 of 1982 by then motor accident claims tribunal-cum-district judge, chaibasa.2. .....

Muneshwari Devi @ Muneshwar Devi Vs. Fatima Begum and anr.

Court : Patna

..... the petitioner filed claim application under the provisions of the motor vehicles act for compensation on account of death of her son in an accident against the owner as well as the insurer of the vehicle involved therein.2. ..... 2) to produce papers relating to payment of the amount of compensation to the owner of the bus towards repairs on account of the accident in question. .....

The Oriental Fire and General Insurance Company Ltd. Vs. Suchita Mishr ...

Court : Patna

..... however, in the instant case, it was pleaded by the owner's lawyer before this court that as the accident took place on 7th july, 1985 and the owner was provided with the cover note of the insurance policy on 6-7-1985, the insurance policy was not in possession of the owner on 6th july, 1985, the ..... in the instant case, the alleged accident took place on 7-7-1985. ..... bhp 5858 on 7-7-1985 which met with an accident on patna-hajipur road. .....

National Insurance Co. Ltd. Vs. Sirdir Pyara Sing and anr.

Court : Guwahati

..... [1970] 2 wlr 198 ; [1970] 1 all er 225 ca, the court ruled that in respect not only of the non-pecuniary loss of a plaintiff in a personal injury claim but also in respect of the pecuniary loss of a deceased's dependants in a fatal accidents act claim, as a general rule, interest should be given on the total award only from the date of service of the writ. ..... in this appeal, the sole point urged before us is that the motor accidents claims tribunal, ' the tribunal', for short, constituted under the motor vehicles act, 1939, for short ' the act ', had no power to award 'interest' on compensation in a proceeding under section 110 of the act. ..... the respondent lost his son aged about 23 years in a motor accident as far back as on may 16, 1965, and lodged his claim for compensation on may 23, 1965. ..... their lordships recommended ' on the spot payment of compensation ' and critically observed that accident claims were pending before the tribunal in heartless slowness. ..... the tribunal also cannot award interest from the date of the cause of action, namely, the accident. .....

Dimapur Bar Association Vs. State of Nagaland and ors.

Court : Guwahati

..... section 166(2).every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or 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, and shall be in such form and contain ..... by this writ petition, the petitioner, the dimapur bar association, has made a limited grievance to the effect that though they have welcome the establishment of 5(five) motor accident claims tribunals (for short, the 'tribunal') for 5 territories curving out within the state of nagaland to exercise territorial jurisdiction over the areas specifically demarcated therein vide notification dated 24.9.2003, the last paragraph of ..... tpt/mv-12 - in order to facilitate the maximum possible accessibility to the public to prefer motor accident related compensation claims within the budgetary support available and in the larger interest of public service, the governor of nagaland is pleased to order as under:(1) the appointment of mr. i. .....

Dilip Kumar Saha Vs. Runnu Sarkar and anr.

Court : Patna

..... by or arising out of the use (including the loading and/or unloading) of the motor vehicle.clause (a) of 'limits of liability' reads thus:limits of liability:(a) limits of the amount of the company's liability under section 11-i (1) in respect of any one accident:such amount as is necessary to meet the requirement of the motor vehicles act, 1939.from the above referred stipulations in the insurance policy it stands admitted that the respondent company had undertaken to indemnify the appellant ..... this appeal has been filed under section 173 of the motor vehicles act, 1988 (hereinafter referred to as 'the act'), only by the owner of the vehicle against the award dated 12.3.1992 passed by the accidents claims tribunal, dhanbad, in title (motor vehicle) suit no. ..... the said vehicle met with an accident resulting in death of three persons including one shiban kumar sarkar. .....

Jagdish Das Vs. Brahmanand Prasad Singh and ors.

Court : Patna

..... in a road accident dated 31.3.1993, chandradeep das, 38 years old son of the appellant died.2. ..... by the impugned judgment and award the tribunal found that the deceased was 38 years old and his father was about 64 years old at the time of accident. .....

Bundelkhand Motor Transport Co. Bus Operator Vs. State Transport Appel ...

Court : Madhya Pradesh

Reported in : AIR1968MP215; 1968MPLJ707

..... (page 167) in general accident fire & life assurance corporation ltd. v. .....

New India Assurance Co. Ltd. Vs. Phelishsa Bakai and ors.

Court : Guwahati

..... ' and 'duly licensed', if considered in their proper perspectives, would mean that even when a person who does not have an effective driving licence, drives a vehicle and commits an accident, then insurer would not be absolved from its liability inasmuch as the condition precedent for absolving him from the liability of indemnifying the insured is that the vehicle is driven by a person ..... the fact remains that the licence was eventually renewed and since the driver had not been disqualified from driving the vehicle, the mere fact that on the date of the accident there was no effective driving licence is immaterial and the same cannot be made a ground for sustaining the objection raised by the insurer appellant that the owner of the vehicle ..... as compensation on the basis of no fault liability, had the onus to prove in order to succeed in their applications made under section 166, that the said bus met with the accident on account of rash and negligent driving of the driver of the said bus and in the absence of any such evidence, the claimants-respondents could not have been granted any compensation whatsoever ..... is that in the face of the materials on record, the findings recorded by learned tribunal in the impugned award dated 21.12.2001, aforementioned, to the effect that there is no evidence that the accident took place due to the fault on the part of the driver of the said bus is, in the face of the materials on record, incorrect and that without even treating the applications which .....

Karnataka State Road Transport Corporation Vs. Reny Mammen and Others

Court : Karnataka

Reported in : [1993]77CompCas266(Kar)

..... only to the lorry owner and not to the appellant; (vii) if, after considering the evidence adduced by the owner of the lorry, the tribunal were to come to the conclusion that the accident occurred on account of the negligence of the driver of the bus belonging to the appellant alone, the tribunal shall pass an order directing the appellant to pay the balance amount of compensation as ..... fee stamps, a process fee of one rupee for each respondent for service of notice and thereafter the claims tribunal shall send to the owner of the motor vehicle involved in the accident and its insurer, a copy of the application together with a notice of the date on which it will hear the application and may call upon the parties to produce on ..... discretion of the claimants to file a claim petition only against one of the drivers and/or owners of the vehicle by furnishing the particulars of only one of the vehicles involved in the accident and secure the entire relief against the owner of that vehicle and the only course open to such owner who is made a respondent in the claim petition, is to file a separate suit ..... appeals was that the tribunal having recorded a finding that the negligence of the driver of the bus belonging to the appellant and the driver of the lorry cns 4319 which resulted in the accident was in equal proportion, there was no justification to foist the entire liability on the corporation leaving the appellant in the lurch by making an observation to the effect that the appellant was .....