Court : Mumbai
Reported in : AIR1935Bom236; (1935)37BOMLR304
..... this action is brought by the plaintiff insurance company to recover the amount of premium alleged to be due under seven motor accident policies effected by the defendant for a period of one year commencing from may 15, 1933, to may 14, 1934. ..... ' at the end of the proposal form is printed the following statement :i desire to effect with the ocean accident and guarantee corporation, ltd. ..... in some cases there is an obligation to pay the premium upon the issue of the policy ; see general accident insurance corporation v. ..... the foot-note then goes on to state as follows :-the correctness of this decision was doubted in equitable fire and accident office, limited v. ..... as to equitable fire accident office, limited v. ..... security company is shaken by the decision of the privy council in equitable fire and accident office, limited v. ..... it is further said that in general accident insurance corporation v. ..... in connection with this principle i may refer to general accident insurance corporation v. ..... this is clear; from equitable fire and accident office, limited v. ..... the facts in that case were that the defendant filled up a proposal form for a policy of insurance against claims in respect of driver's accidents. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004ACJ865; AIR2003All245; 2003(2)AWC1161b
..... judgment which is quoted as below :'where an insured has not preferred an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred as 'the 1988 act') against an award given by the motor accident claims tribunal (hereinafter referred to as 'the tribunal'), is it open to the insurer to prefer an appeal against the award by the tribunal questioning the quantum of the compensation, as well as finding as regards the negligence of ..... counsel for the petitioner submitted that the first appeal from order is not being filed against the award of the motor accident claims tribunal since in the said first appeal from order, the petitioner could not have challenged the illegality of the ..... it has been stated in paragraph 8 of the writ petition that though a first appeal from order lies against the judgment/award of the motor accident claims tribunal under section 173 of the said act but since the grounds available to the insured are not available to the petitioner-insurance company for want ..... have to give effect to the real purpose to the provision of law relating to the award of compensation in respect of the accident arising out of the use of the motor vehicle and cannot permit the insurer to give him theright to defend or appeal ongrounds ..... the facts of the present case, it is clear that the petitioner has no right to file an appeal against the impugned award of the motor accident claims tribunal on any ground except the grounds enumerated under section 149(2) of the act. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC87
..... it is not on record as to how much the appellant was earning at the time of the accident of his wife or at present from his profession. ..... the said vehicle met with accident due to rash and negligent driving of its driver near narkota-khankhara in which smt. ..... 15,00,000 before the motor accident claims tribunal (hereinafter referred to as the tribunal).3. ..... this is an appeal under section 173 of the motor vehicles act, 1988 filed by the claimant for enhancement of the compensation awarded by the motor accident claims tribunal/district judge, rudraprayag, in motor accident claim case no. ..... 8,044 per month at the time of accident and was paying rs. ..... the accident took place due to the mechanical failure in the vehicle and, if any, liabilities are made out, that shall be borne out by the opposite party no. ..... 2-the oriental insurance company with whom the offending vehicle was insured at the time of alleged accident.4. ..... 2-ownerofthe vehicle in question alleged that the vehicle in question was being driven by a skilled driver who was having a valid driving licence at the time of accident. ..... the deceased was posted as assistant teacher under the basic education officer, chamoli at the time of accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC473
..... 1, owner and driver of the vehicle, filed his written statement admitting that the accident did take place but that was so due to some technical fault in the vehicle. ..... 2, virender singh, as such, this court has no hesitation in holding that the accident had occurred due to the rash and negligent driving on the part of the driver of the vehicle in question.6. ..... anita devi died in the accident while she was travelling in jeep registration no. u.p. ..... it is also admitted fact between the parties, that appellant jagat singh was the owner and driver of the vehicle, at the time of the accident. ..... anita devi died in the accident? ..... it was further pleaded in the written statement that the owner of the vehicle was not having valid driving licence and registration certificate of the vehicle at the time of the accident. ..... , at the time of the accident. ..... 1, jagat singh, who was owner as well as driver of the said vehicle, resultantly, the vehicle fell in a gorge and anita devi died in the accident. .....
Tag this Judgment!Court : Guwahati
..... we have to give effect to the real purpose to the provision of law relating to the award of compensation in respect of the accident arising out of the use of the motor vehicles and cannot permit the insurer to give him right to defend or appeal on grounds not permitted by law by a backdoor method. ..... in the aid of power under article 226/227 the statutory scheme should not be allowed to be defeated throwing the legal representatives of the deceased or the injured in the accident to a prolonged litigation totally at the instance of the insurance company. ..... any other interpretation will defeat the provision of sub-section (2) of section 149 of the act and throw the legal representatives of the deceased or the injured in the accident to unnecessary prolonged litigation at the instance of the insurer...'4. mr. ..... this is an application under article 226/227 of the constitution of india challenging an award passed by the motor accident claims tribunal, kamrup, guwahati passed in mac case no. ..... 1 shows that usha devi and sumitra devi died in the accident in which the truck bearing no. ..... member motor accident claims tribunal, lakhimpur and ors. ..... ext.2 is the accident information report submitted by the oc, kamalpur p.s. ..... dl1c/a 4649 was involved in the accident. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2001)ACC512; 2002ACJ189; 2001(2)KarLJ629
..... when i apply these principles to the present case, then looking to the age of the deceased to be 29 years on the date of accident, he would have continued in service had he been alive at least up to the age of 58 years and he would have prospects of promotion and chances of promotion. ..... it further found that the respondents failed to prove any contributory negligence and the sole cause of accident, according to the tribunal, was rash and negligent driving of the bus bearing no. ..... the tribunal, after considering the evidence, held that the accident in question had taken place on the date and time and place as alleged on account of rash and negligent driving of the bus bearing no. ..... that apart from the above, even on merits in the present case, the deceased, at the time of accident, was a mechanical engineer and he was getting a monthly salary of rs. ..... 4,65,300-00 by the motor accident claims tribunal towards the loss of dependency is excessive and is not in keeping pace with the principles and law of assessment of compensation for dependency and this amount is excessive. ..... by this petition under articles 226 and 227 of the constitution of india, the petitioner-insurance company has sought to challenge the award granted by the motor accident claims tribunal in m.v.c. no. ..... the accident in question had taken place on 21-11-1993 at about 3-10 p.m. ..... cng-9385 and muralidhar died on account of accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1165
..... the insurance company being a party before the motor accident claims tribunal had filed written statement, they had to satisfy the tribunal that there was a collusion between the owner and the claimant which has power, authority and jurisdiction to either allow the ..... the brief facts of the case are that sri himmat arora died in an accident said to have been caused by maruti van no. u.p. ..... it appears that motor accident claims tribunal in the case of oriental insurance company (supra) had failed to dispose of the application filed under section 170 of the act and it was pleaded that in those circumstances the insurance company did not ..... the motor accident tribunal rejected the application of the petitioner filed under section 170 of the motor vehicles act vide order dated 22.8.2008.4. ..... further, the owner-cum-driver herein filed written statement, specifically disputing involvement of his vehicle in the accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... these included the disproportionate awards for general damages in respect of pain and suffering, loss of amenities of life non-pecuniary damages as between road accident victims who suffer long-term disability, on the one hand, and those who do not, on the other. ..... 2.2 the defendant is ordered to furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the road accident fund act 56 of 1996, to compensate him for the costs of the future accommodation of the plaintiff in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to him arising out of the injuries sustained in the motor vehicle ..... 2.2 the defendant is ordered to furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the road accident fund act 56 of 1996, to compensate him for the costs of the future accommodation of the plaintiff in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to him arising out of the injuries sustained in the motor vehicle ..... the real issue in this appeal is how a serious injury is to be assessed for the purposes of s 17(1a) of the road accident fund act 56 of 1996 (the act). ..... [4] the commissions recommendations were adopted in the road accident fund amendment act 19 of 2005. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002ACJ1794; 2002(2)AWC1010
..... the petitioners, who were claimants before the motor accident claims tribunal, jaunpur, which shall hereinafter be referred to as tribunal' filed a claim petition under section 110d of the motor vehicles act, 1939. ..... annexure-1 to the writ petition, passed by motor accident claims tribunal/upperdistrict judge, iind, district jaunpur, respondent no. ..... passed by motor accident claims tribunal, jaunpur, is set aside. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC558; 2001(1)WLN311
..... this application has been filed on the averment that the owner of the vehicle which caused accident and was insured with the petitioner-company did not appear before the tribunal and contested the claim as a result of which an ex-parte award was bound to be passed in favour of the claimants and the amount ..... has challenged the order dated 25.11.1997 passed by the motor accident claims tribunal, neema-ka-thana by which the application filed by the petitioner-insurance company for its impleadment has been rejected. .....
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