Court : Kolkata
Reported in : 1999ACJ1195,(1998)2CALLT582(HC)
..... for non-encashment of the cheque as stated by rw 2 in his evidence, reads : the cheque is not encased by d-3 (insurance company), namely on the ground that after a month they got information that the bus had met with an accident even other wise, when the cheque was obtained from the insured as valid payment towards premium for the cover note issued, non-presentment of the cheque by the insurer for encashment cannot have ..... the 1st respondent herein for self and on behalf of her parents-in-lawand three minors children filed an application for grant of compensation arising out of a motor vehicle accident caused by a vehicles bearing registration no, wb-j2-e-o379 which is said to have been insured with the appellant.3. ..... wby-4211 at the material time of the alleged accident and as such the relationship of insurer and insured has not been established between the owner of the said vehicle and the oriental insurance co. ..... the fact that the accident had taken place on 20th june, 1993 is not is dispute. ..... the fact that an accident had taken place is not denied or disputed. ..... bhattacharya, judge, motor accident claim tribunal at allpore in m.a.c. ..... the question which is raised by the appellant herein, is that the claim petition was died in violation of the rules framed by the state of west bengal under the motor vehicles accident rules. .....
Tag this Judgment!Court : Chennai
Reported in : 1996(1)CTC113
..... while examining the question on the basis of the motor vehicles act and the tamil nadu motor vehicles accident claims tribunal rules, 1989 (hereinafter called 'the rules) framed under section 176 read with section 211 of the motor vehicles act, we experienced certain difficulties in permitting withdrawal of the amount awarded as compensation ..... the judgment of the supreme court above referred to was rendered in certain general matters not relating to a motor accidents claim which are governed by statutory rules, and which rules had not been taken into account in the earlier interim orders relied on by the ..... inasmuch as several applications are being filed seeking stay of such awards by the motor accidents claims tribunal and an equal number of applications are filed by the claimants for withdrawing the amount pending disposal of the appeal, we directed all such applications pending before us to be posted, so that the arguments of other ..... we have already referred to the feet that the tamil nadu motor vehicles accident claims tribunal rules, 1989 are framed under section 176 read with section 11 of the ..... the rules provide for the manner of investigation of a motor accident, the manner of investingation of a motor accident, the manner of filing an application before the tribunal and the manner of determining the compensation by the ..... therefore, direct this judgment to be circulated to all the motor accident claims tribunals in the state through the respective district courts.8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ1097; JT2009(4)SC315; (2009)154PLR508; RLW2009(2)SC1003; 2009(2)SCALE215; (2009)3SCC705:2009AIRSCW16112009(1)LHSC609:2009(3)KCCR1533:2009ACJ1097.
..... the stand taken by the insurer was that the accident took place only due to the negligence of the deceased and there was no negligence on the part of the driver. ..... challenge in this appeal is to the judgment of a division bench of the kerala high court dismissing the appeal filed by the appellant questioning correctness of the award passed by the motor accident claims tribunal, paravur (in short the `mact').3. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions. ..... background facts in a nutshell are as follows:one anil lost his life in a vehicular accident on 17.6.1999. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ1257; AIR2009SC2146; 2009(2)AWC1507(SC); JT2009(4)SC480; (2009)4SCC377
..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... when the scooter was trying to overtake the truck it lost control and the accident occurred due to negligence of the claimant. ..... it is stated that the deceased was aged 43 years at the time of the accident and was a hawker and earning rs. ..... appeal was filed before the high court in terms of section 173 of the motor vehicles act, 1988 (in short the 'act') seeking enhancement of the compensation as fixed by learned 1st additional district judge-cum-motor accident claims tribunal, haridwar. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2007)ACC50; 2007ACJ1076; 2007(4)CTC251; (2007)4MLJ604(SC); 2007(4)SCALE222
..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v. ..... the widow of the deceased, his minor daughter and his parents filed a claim petition before the motor accidents claims tribunal, maylladutturai, (hereinafter referred to as the tribunal') claiming compensation of rs. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the. ..... the appellant-corporation took the stand that the accident was purely an act of god. ..... the vehicle met with an accident, the driver of the bus tried to avoid collision with a lorry, dashed against the bridge. ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the death. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991ACJ294; AIR1991Bom333; 1991(3)BomCR1; (1991)93BOMLR887
..... the prothonotary and senior masterof this court shall forward a copy of thisjudgment to the motor accident claimstribunal, greater bombay, the petitionerand the motor accident claims tribunal, barassociation. ..... the motor accident claims tribunal, greater bombay (respondent no. ..... at one time, can it be said that it is in the interest of justice to confer protection on her, or rather impose protection on her against her desire, by withholding the payment of such amount to which she is entitled an compensation under the fatal accident, claims act? ..... 2 -- motor accident claims tribunal, greater bombay ('the tribunal', for short) -- in m.a.c.t. .....
Tag this Judgment!Court : Orissa
Reported in : 2001ACJ224; 1999(II)OLR214
..... the insurance company in its written statement while denying about the accident and the income et cetera, pleaded that the amount claimed was excessive.4. ..... the provisions contained in rule 7 of the orissa motor vehicles (accident claims tribunal) rules, 1 960, do not support such a proposition. ..... in support of such contention, attention has been invited to rule 7 of the orissa motor vehicles (accident claims tribunal) rules, 1960, which is quoted as follows :'7. ..... the tribunal found that the accident occurred due to negligence of the truck driver and the annual income,of the deceased was about rs. ..... the children were admittedly minors at the time of the accident.3. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(6)KarLJ67
..... das') to continue as the director of the sanjay gandhi institute of accident and rehabilitation and physical medicine, bangalore, (in short 'the institute') after 19-6-1997, the date on which, according to the petitioner, his tenure to the post expired.2. ..... parangusa das is appointed as director of sanjay gandhi accident hospital and research institute, bangalore, for a period of 5 years or till he attains 62 years of age, whichever is earlier from the date he assumes charge on contract basis as per the resolution no. ..... the institute is established by the 'bangalore accidents rehabilitation and other services' (in short 'the society'), which is a registered society under the provisions of the karnataka societies registration act, 1960. ..... 05 of governing council of sanjay gandhi accident hospital and research institute. ..... , of the employees of the institute called 'sanjay gandhi institute of accident rehabilitation and physical medicine. .....
Tag this Judgment!Court : Chennai
Reported in : IV(2006)ACC395; 2006(3)CTC430; (2006)3MLJ265
..... 1/- (rupee one only) in the form of court fee stamp, if the claim in a case of accident is confined to special damage is and if any further general damage is claimed, an ad valorem fee shall be charged on the aggregate of the special and general damage claims on the following scale, namely,over rs. ..... further, he has drawn my attention to the tamil nadu motor vehicles accident claims tribunal rules, 1989, in which rule 24 provides as follows:every application under sub-section (1) of section 166 of the act for payment of compensation shall be accompanied by a fee of rs. ..... 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. 13. ..... one important question which has arisen in all these appeals is in case the claim of compensation before the motor accident claims tribunal is rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori188; 99(2005)CLT201
..... patnaik, learned counsel for the appellants contended that the suit was filed under section 1(a) of the indian fatal accident act, 1955 and therefore, article 82 of the limitation act, 1963 is applicable to the present case and as such, the suit was grossly barred by the law of limitation. ..... in contact with the stay-wire of the electric pole, which in ordinary course should be neutral and not charged, the question of assessment of damages requires a separate consideration, it is no doubt true that under the indian fatal accident act, 1955, there is no scope whatsoever for awarding damages to the plaintiffs on account of their mental suffering and bereavement. ..... it is no more res integra that while calculating the quantum of compensation in a case under the indian fatal accident act, 1955, the approach of the court should be to arrive at a just compensation and no strict principle of mathematics can be applied for the said conclusion. .....
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