Court : Patna
..... appellant-corporation in its written statement challenged the maintainability of the claim petition and it was contended that the accident had taken place on account of rash and negligent driving of the driver of the car. ..... rajendra prasad who have deposed as eye witnesses to the occurrence that the accident had taken place on account of rash and negligent driving of the offending ..... learned additional claims tribunal on consideration of the evidence has held that the accident took place on account of rash and negligent driving of the offending bus and the appellant-corporation was liable to pay the compensation to the claimant-respondent to the tune of ..... the national insurance company in its written statement has contended that the accident had taken place on account of rash and negligent driving of the driver of the ..... no separate issue was required to be framed as to whether the accident had taken place on account of rash and negligent driving of the car ..... it appears that an issue was framed as to whether the accident had taken place on account of rash and negligent driving of the offending bus ..... , amply proves the fact that the accident had taken place on account of rash and negligent driving of the bus and there was no laches and negligence on the part of the driver of ..... shri roy further contended that the accident had taken place on account of contributory negligence on the part of the driver of ..... i do not find any reason to interfere with the award of accident claims tribunal. .....
Tag this Judgment!Court : Patna
..... appellant corporation in its written statement challenged the maintainability of the claim petition and it was contended that the accident had taken place on account of rash and negligent driving of the driver of the car. ..... however, evident from the evidence of vijay kumar pariwal, aw 3 and rajendra prasad, aw 5, who have deposed as eyewitnesses to the occurrence that the accident had taken place on account of rash and negligent driving of the offending bus. ..... learned additional claims tribunal on consideration of the evidence has held that the accident took place on account of rash and negligent driving of the offending bus and the appellant corporation was liable to pay the compensation totaling ..... no separate issue was required to be framed as to whether the accident had taken place on account of rash and negligent driving of the car ..... it appears that an issue was framed as to whether the accident had taken place on account of rash and negligent driving of the offending ..... in its written statement has contended that the accident had taken place on account of rash and negligent driving of the driver of the ..... , amply prove the fact that the accident had taken place on account of rash and negligent driving of the bus and there was no laches and negligence on the part of the driver of ..... roy further contended that the accident had taken place on account of contributory negligence on the part of the driver of ..... i do not find any reason to interfere with the award of accidents claims tribunal. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Patna
..... caused 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 ii-1(i) in respect of anyone 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 12.3.1992 passed by the accident 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. .....
Tag this Judgment!Court : Patna
..... for non-joinder of parties; that due to the cantonment area the driver was driving the bus slowly and was blowing horn regularly but due to carelessness and negligence the applicant allowed the accident to take place; that the amount of compensation claimed is highly exaggerated and could not be allowed when column no. 21 of the claim petition does not disclose the expenses incurred over the ..... it is clear that the tribunal had proceeded to take into account the admitted facts, namely, about the taking of the accident at the place in question, by the bus in question and by the driver opw 1; that due to the said accident the applicant had sustained serious injuries on his person; and that he became disabled and was removed from service ..... to the second question, the tribunal took into account the following admitted facts:(i) the accident at the relevant time and place was caused by the bus in question, which was being driven by the driver surajdeo singh; and(ii) due to the said accident the applicant had sustained injuries on his person, became disabled and was removed from ..... . the tribunal considered the case put forward by the appellant that the accident took place due to the careless act of the applicant himself and in this regard considered the evidence of the applicant observing that he has fully supported his stand and noted ..... account the fact of the enquiry by the military department and came to the conclusion that the accident took place due to rash and negligent act of the driver .....
Tag this Judgment!Court : Patna
..... 1987 blt 274: 1988 pljr 600, it was held that no compensation should have been awarded to the claimants for the accident in question, as the deceased was an illegal occupant of the vehicle in question.a full bench of the karnataka high court has observed the same view in the case of united india insurance company ..... section 140 of the act clearly lays down that where death or permanent disablement of any person resulted from an accident arisen out of the use of a motor vehicle or motor vehicles the owner of the vehicle shall or as the case may be the owners of the vehicle shall jointly and severally be liable to pay compensation in respect of death or ..... and when the said truck reached the main gate of chaibasa college, an accident took place resulting which several persons died and several others sustained injuries. ..... in view of such provision, unless the death or disablement of any person resulted from an accident is proved to have been caused in course of his employment by the owner of the truck, the insurance company cannot be held ..... by new india insurance company, chaibasa and directed against the order dated 28.8.1991 passed by motor vehicle accident claims tribunal-cum-1st additional district judge, singhbhum at chaibasa in m.j.c. ..... opposite party-respondents was contested by the insurance company mainly on the ground that the deceased was one of the unauthorised and unlawful occupant of the truck and so the death caused due to the accident is not covered under the policy.3. .....
Tag this Judgment!Court : Patna
..... lachminiya devi 1987 blt 274, it was held that no compensation should have been awarded to the claimants for the accident in question, as the deceased was an illegal occupant of the vehicle in question.a full bench of the karnataka high court has observed the same view in the case of ..... section 140 of the act clearly lays down that where death or permanent disablement of any person resulted from an accident arisen out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall or, as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect ..... in view of such provision, unless the death or disablement of any person resulted from an accident is proved to have been caused in course of his employment by the owner of the truck, the insurance company ..... the said truck reached the main gate of chaibasa college, an accident took place resultant several persons died and several others sustained injuries. ..... and directed against the order dated 28.8.1991 passed by motor accidents claims tribunal-cum-first additional district judge, singhbhum at chaibasa, ..... party-respondents was contested by the insurance company mainly on the ground that deceased was one of the unauthorised and unlawful occupants of the truck and the death caused due to the accident is not covered under the policy.3. ..... , namely, mother and wife and minor son made an application before the motor accidents claims tribunal, singhbhum, claiming compensation of rs. .....
Tag this Judgment!Court : Patna
..... 1, namely, late bhagwan ram died in an accident of a jeep bearing no. .....
Tag this Judgment!Court : Patna
..... lodged against the accident, the informant has alleged that the deceased died on account of accident with bus bearing registration no. ..... as regards payment of interim compensation to the claimants opposite party is concerned, learned counsel for the petitioner contended that the petitioner had denied the involvement of his bus in the accident which resulted in death of the deceased. ..... 25,000/- to the claimant opposite party on the basis of the statements of witnesses recorded in the course of investigation of the police case wherein the witnesses stated that the deceased died on account of accident with bus bearing registration no. ..... claims tribunal has passed order for payment of interim compensation on the basis of statements of witnesses recorded in the course of investigation of the police case, without holding enquiry as to which of the buses was, in fact, involved in the accident. ..... but the claims tribunal passed order for payment of interim compensation without holding enquiry as to which of the buses was involved in the accident. ..... brd 7879, appeared and denied the involvement of this bus in the accident. ..... 2 to 5 in an accident with bus bearing registration no. .....
Tag this Judgment!Court : Patna
..... firstly, he submitted that the injured himself has filed a petition before the court below stating that no occurrence, as alleged by the complainant, has taken place and he received injury due to accident. .....
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