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Ramu Devi (Smt.) Vs. Motor Accident Claims Tribunal

Court : Rajasthan

Reported in : 2008(1)WLN284

..... looking to that, this petition for writ deserves accept once with a direction to the motor accident claims tribunal, jaisalmer to make a necessary order for releasing rs. ..... the motor accident claims tribunal, jaisalmer by its award dt. .....

Preeto Bai (Smt.) Vs. Motor Accident Claims Tribunal

Court : Rajasthan

Reported in : 2007(1)WLN180

ashok parihar, j.1. in a case of death the petitioner was allowed rs. 50,000/- as an interim compensation under section 140 of the motor vehicles act by the motor accident claims tribunal, deeg vide order dt. 12.09.2006. out of rs. 50,000/- only rs. 10,000/- was released to the petitioner. remaining rs. 40,000/have been ordered to be kept in fixed deposit for six years. the interim compensation under section 140 of the motor vehicles act is paid to the claimants only to meet out the immediate hardship caused due to accident. in case of death, it will not be proper and justified for the tribunal to keep the major amount of interim compensation in fixed deposit. it is only at the final stage, the appropriate amount can be kept in fixed deposit considering the facts of each case.2. having considered entire facts and circumstances, since the claim has to be decided by the tribunal finally taking evidence of both the parties, considering the hardship caused to the petitioner due to death of her husband, the tribunal is directed to release the remaining amount of rs. 40,000/- kept in fixed deposit also to the petitioner immediately.3. with the above directions, the writ petition is disposed of accordingly.

Ambika Charan Choudhury and ors. Vs. Divisional Manager National Insur ...

Court : Guwahati

..... opposite party have failed to prove that deceased was guilty of any conduct involving want of ordinary care and caution on his part and that he was guilty of any negligence which had contributed to the accident and the consequence complained of.with this background we now.proceed to ascertain as to whether the amount of compensation awarded by the learned tribunal in the present case is just in the facts and circumstances of the ..... that it was apparent from the pleadings of the parties and the evidence on record that the deceased was guilty of contributory negligence for the accident and the learned tribunal was perfectly justified in appositioning negligence of the drivers of the two vehicle as 50 : 50. ..... 1 however took the following stand :- 'that from the claim petition it appears that the accident occurred due to the contributory negligence of the deceased, khanindra narayan choudhury, as such, the claimants are not entitled to get arty compensation as ..... to read anything therein to even suggest that the appellants claimants had admitted that the accident had occurred due to any contributory negligence on the part of the deceased. ..... took a stand that it appeared from the claim petition that the accident occurred due to the contributory negligence of the deceased, khanindra narayan choudhury ..... however as the tribunal held that the deceased had contributed to the accident to the extent of 50%, it awarded to the appellants, compensation to the extent of 50% of the computed amount, .....

Pravinchandra Jivraj Mehta and Vs. Lalbhai Metabhai Vasava and ors.

Court : Gujarat

Reported in : [1984]56CompCas27(Guj); (1982)2GLR582

..... in favour of the concerned injured claimants, its cannot be said that even though the trailer was attached to the tractor and only tractor was being driven at the relevant time by the driver, the accident can be said to have been caused only by the tractor and not by the trailer which was accompanying it when both the the tractor as well as the trailer jointly dashed against the oncoming ambassador ..... while awarding just and adequate damages under the head of pain, shock and suffering and loss of amentiers and enjoyment of life to an injured claimant, an overall view of multiple injures suffered by the claimant on account of the accident and their after-effects was to be taken and considering the impact left on the victim by the injuries, the aforesaid assessment has to be made, it is now time for us to look at different awards passed from time ..... type of multiple injuries having pernicious adverse effects which will linger on with the claimant for all time to come and especially when the claimant aged 25 at the time to the accident had to drags on the rest of life having lost all chances of carrying on his occupation as a car driver and being reduced to pitiable state of an agricultural laborer. ..... to deal with the question regarding awarding of proper damages under the head of pain shock and suffering caused to a young victim aged about 7 at the time of the accident who was left with serious multiple injuries one of which was brain injury which had resulted in spastie hemiplegia . .....

Mer Ramdas Bejanand Bhai Vs. Harshad Bhai Mala Bhai

Court : Gujarat

Reported in : 1(1992)ACC717

..... ; or the injury; or(aa) by the owner of the property; or (b) by the owner of the property; or(b) here death has resulted from the (c) whether death has resulted fromaccident, by all or any of the legal the accident by all or any of therepresentatives of the deceased; or legal representatives of the deceased; or(c) by any agent duly authorised by the (d) by any agent duly authorisedperson injured or all or any of the by the person injured or also ..... of the fact that any decision the aforesaid question was likely to affect a large number of claimants, whose claim petitions were filed beyond the period of 12 months from the date of occurrence of the accident after coming into force of the new act, and in view of the fact that the insurance companies would like to contend that proviso to section 166(3) should be strictly construed so as to leave no ..... section 166 in a tabular form: ______________________________________________________________________________110a of the old act 166 of the new act______________________________________________________________________________application for compensation: application for compensation:an application for compensation (1) an application for compensationarising out of an accident of the arising out of an accident of thenature specified in sub-section (1) nature specified in sub-section (l)of section 110 may be made- of section 165 may be made-(a) by the person who has sustained (a) by the person who has sustainedthe injury .....

Rita Devi @ Rita Gupta W/O Late Shashi Bhushan Kumar Vs. National Insu ...

Court : Supreme Court of India

..... discussing the true meaning of the expressions "violent, external and visible", the author points out that in a large number of cases though the policies insured against bodily injury caused 'by violent, accident external and visible means only', the decisions turned mainly on the question whether or not the particular injury was caused by accidental means:that was because such words as 'violent', 'external' and ..... required because no one can deny that the death of parshuram singh was the result of an accident and was an accidental death.but let us also examine the other view in which though the distinction between accident result and accidental means is formally maintained, the key restrictive words like accident, external, violent and visible means are attributed a very broad and unrestricted meanings.let us first ..... by external violent and any other visible means', it is described in stroud's as follows:external - in an insurance against bodily injury caused by violent, accident, external and visible means" but excepting 'natural disease, or weakness or exhaustion consequent upon disease" 'external' is used in contradistinction to such unnatural cases as disease or weakness.the next word is 'violent' and ..... plainly covered by the expression 'external violent and any other visible means' and the deceased encountering those threats while he had gone to relieve himself was clearly an accident that triggered off the heart attack and, thus, resulting solely and directly into his death. .....

Municipal Corporation of Greater Bombay Vs. Dolly Thakore

Court : Mumbai

Reported in : III(2004)ACC56; 2006ACJ1720; 2004(4)ALLMR364

..... indira gandhi and the oral statement of the respondent that it was the prestigious assignment and she was told that all vip assignments would be given to her on tv and radio but because of the accident in july 1982 respondent lost the chance of those assignments even in regard to asian games held in november 1982, covering of the naam conference held in 1982-83 and chogam held in march 1983 and voyage in ..... suffered by the respondent are taken into consideration the fact that she was discharged within seven days, that she was bedridden for 3 months, adverse effect of the accident upon her career is also considered, even then the compensation awarded by the tribunal is completely excessive. ..... the appellant has challenged the impugned order on two grounds, firstly, according to them the accident did not arise on account of negligent driving of the driver of best bus and alternatively the award is challenged on the ground that compensation awarded to the respondent is ..... cerebral concussion(f) post-traumatic syndrome(g) forgetfulness, lack of concentration, irritability(h) impairment of vision in left eye(i) abrasions on forehead and all over the face and other injuries.while giving the particulars of the accident and the consequences in para (b) applicant has stated that she had incurred expenditure of rs. ..... as an actress she was to wear her makeup while reading news on television but after accident she could not wear the makeup because of scar on her face nor any important role to be .....

Amul Ramchandra Gandhi Vs. Abhasbhai Kasambhai Diwan and ors.

Court : Gujarat

Reported in : AIR1979Guj14

..... of which the tribunal attributed contributory negligence to the appellant was that on a busy narrow road when there was heavy traffic at or about the time at which the accident took place, it was very risky and rash on the part of a pedestrian to walk on the road at a distance of about 8 feet from the footpath. ..... him, came to the conclusion that the driver of the truck was solely responsible fox the accident and that the accident was attributable to the rash and negligent driving of the motor truck by the driver and that the finding of the tribunal that the minor applicant failed to prove that the accident was attributable to the rash and negligent driving of the motor truck by the driver was ..... the assessment under the first sub-bead, an estimate of the probable future earnings had there been no accident and the actual earning power after the accident has to be made and the difference between the two is the loss of earning capacity which will have ..... such an age as to be unable to fend for himself or to be naturally ignorant of danger, or where in doing an act which contributed to the accident, he was only following the instincts natural to his age and the circumstances, he is not guilty of contributory negligence. ..... in such a case, when once the negligence of the driver is found to be responsible for the occurrence of the accident, it is impossible to hold that there was contributory negligence on the part of the appellant so as to relieve the driver even partially from the evil .....

P. Satyanarayana Through His Wife P. Mahalakshmi Vs. I. Babu Rajendra ...

Court : Andhra Pradesh

Reported in : I(1988)ACC510

..... awarded towards the non-pecuniary damages of loss of expectation of life, loss of amenities and pain and suffering--all put together--in a case of amputation of a leg consequent to an accident in 1970, the award to be made for an identical loss today would have to be upgraded from the 1970 value to its value in 1987, having regard to the erosion of ..... date of trial, there is considerable delay, the court will first fix the' conventional' figure suited to the date of accident and then revise it upwards so that such increase could be set off against the inflation during the period long delays in accident claims are not only peculiar to our country but occur in other countries too therefore, non-pecuniary losses for pain and ..... is a 'total wreck' case where a person lost both eyes, memory and has become mentally unsound, and as the accident took place on 4-4-1979, there being no discrimination between rich and poor for evaluating non-pecuniary losses vide dip lock lj. ..... they can be applied if amounts fixed by courts for the relevant year in which the accident has occurred are not available.india-calendar year basisyearwpi (base1970-71=100)cpi(base 1960=100)index% variation.index%variation12345197099.0+ 62184+ 5:11971105.0+ 6.1190+ 3.319721.13-0+ 7.6202+ 6.31973131.6+16 5236 ..... the absence of pws 1, 3, 4 at the scene, there is no justification for rejecting pw 2's evidence, the accident having occurred so soon after the appellant got up on the cycle and left pw 2's house, all within a few .....

Smt. Bhagwati Bai and anr. Vs. Bablu @ Mukund and ors.

Court : Madhya Pradesh

Reported in : 2007ACJ682; AIR2007MP38; [2007(2)JCR115(MP)]; 2006(4)MPLJ5

..... as per the well settled principles of statutory interpretation, the provisions of motor vehicles act, 1988, will apply and the provisions of indian succession act, 1925, will not apply to motor accident claims cases and therefore, section 306 of the indian succession act, 1925, which provides that all rights to prosecute or special proceeding existing in favour of a person will survive to his ..... hence by virtue of the principle in section 306 of the indian succession act, 1925, the legal representatives of a deceased, who suffers personal injury in a motor accident and who dies subsequently for some other reason, cannot prosecute or continue to prosecute an application for compensation under sub-section (1) of section 166 of the motor vehicles act, 1988.12 ..... nature specified in sub-section (1) of section 165 may be made--(a) by the persons who has sustained the inquiry; or(b) by the owner of the property; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, ..... devendra choubey, learned counsel appearing for the appellants, submitted that under sub-section (1) of section 166 of the motor vehicles act, 1988, an application for compensation arising out of an accident involving bodily injury to a person arising out of use of a motor vehicle, can be filed not only by the person, who had sustained injury, but also by all or .....