Judgment Search Results Home > Cases Phrase: accident Sorted by: old Court: patna Page 9 of about 3,614 results (0.229 seconds)

i.T.C. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... applicable to workmen retiring from the service of the company on reaching the age of superannuation legal heir of the workmen dying in harness and workmen opting for voluntary retirement or resigning from service on grounds of ill-health/accident and consequent incapacity to work, having put in 25 years of completed continuous service. .....

National Insurance Co. Vs. Moti Lal Modi and anr.

Court : Patna

..... 2 in the original claim case had never taken any objection that the accident was never known to them and same had not been acknowledged by the owner i.e. ..... it was never made known to the insurance company by the owner of the truck regarding the accident. .....

Central Coalfields Ltd. and anr. Vs. Uma Devi and ors.

Court : Patna

..... the purpose of the company might be for propelling/using of the terex within the mining area but if it has gone outside and caused damage or accident then definitely it would come within the purview of the claims tribunal for the purpose of compensation.7. ..... admittedly, in the present case, the terex was moving outside the area where the accident took place and, therefore, it cannot be said that it never goes outside the mining area, at least on the date of occurrence, it had plied outside the mining area. ..... after considering the evidence on record, the learned tribunal held that the accident occurred due to the rash and negligent driving of the terex and that terex machine is a 'motor vehicle' within the definition of the act and hence held the appellant company liable to pay compensation of rs. ..... by this he wanted to take the plea of private place and public place regarding occurrence of accident although he has not specifically urged that point. ..... regarding outside or inside area in this particular case, it has plied outside the mining area while causing the accident. .....

National Insurance Company Ltd. Vs. Ram Khelawan Paswan and anr.

Court : Patna

..... in the result, this appeal is allowed and the impugned judgment and award of the tribunal are set aside and the matter is remitted back to the district judge-cum-motor vehicle accidents claims tribunal, dhanbad, to frame an issue, besides other issues, as to whether the vehicle in question was insured with the appellant-insurance company and then pass a fresh judgment after hearing both the parties and ..... i am of the definite view that unless and until it is disclosed by the claimant or by the owner of the vehicle that the vehicle involved in the accident was insured by a valid policy of insurance giving full descriptions no award can be passed against the insurance company, if the insurance of the vehicle is specifically and categorically denied by the insurance company. ..... it was alleged that the driver of the said vehicle was driving the said truck in rash and negligent manner which resulted in the accident and the death of the deceased. ..... district judge, dhanbad-cum-motor vehicle accidents claims tribunal in title (m. v. ..... 50.000/- has been awarded as compensation to the claimant respondent on account of death of the son of the claimant-respondent in a motor vehicle accident. 2. .....

National Insurance Co. Ltd. Vs. Hari Narayan Ojha and ors.

Court : Patna

..... roy appearing for the appellant submits that the order of the learned tribunal is vitiated in law inasmuch as it has failed to notice that on 15.7.1994 the accident took place and on 14.11.1994 the amendment was made by the legislature in section 140 of the m.v. ..... 1298 (kerala), inter alia, has held that the provisions contained in section 140(2) of the act are substantive and not procedural in nature and, as such, right accrues and liability is incurred on the date of the accident and not on the date of consideration of the claim. ..... 12,000 inasmuch as admittedly the accident took place on 15.7.1994 and the amendment in section 140 of the act enhancing the amount of compensation has come into effect from 14.11.1994.12. ..... he submits that when the accident occurred, the amendment provision was not there and under the unamended provision the amount of compensation payable under sub-section (2) of section 140 of the act in respect of death of any person was rs. ..... 25,000 in respect of permanent disablement to be paid by the owner or the insurer of the vehicle involved in the accident.8. .....

Ram Pratap Singhania Vs. Smt. Renuka Devi and anr.

Court : Patna

..... after hearing the parties, the claims tribunal came to the conclusion that the accident took place due to the rash and negligent driving of the truck. ..... this appeal is directed against the judgment and award deted 6.2.1989 passed by the ist additional district judge-cum-additional motor accident/claims tribunal, giridih, in misc. ..... the claimant who is the widow of the deceased filed an application before the claims tribunal for grant of compensation on account of death of her husband in motor vehicle accident. .....

United India Insurance Co. Ltd. Vs. Sheo Jhari Devi and ors.

Court : Patna

..... from perusal of the policy, it appears that the vehicle was insured in the relevant period when the accident took place and the liability under the policy was limited to rs. ..... this appeal is directed the learned district judge-cum-accident against the judgment and award passed by claims tribunal, dhanbad, in title suit no. ..... the claimant widow filed an application for grant of compensation on account of death of her husband caused in a motor vehicle accident. .....

United India Insurance Co. Ltd. Vs. Manjit Kaur and anr.

Court : Patna

..... the workmen's compensation act with sections 95, 96 and 110b of the motor vehicles act (corresponding to sections 147, 149 and 168 of the new act) makes it clear that in all the motor accident cases, it is the statutory duty of the insurance company to satisfy the award as the judgment-debtor and it will not make any deference whether the award is passed under the workmen's compensation ..... the relevant portion of section 95 of the act of 1939 is re-produced hereinbelow:(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely(a) where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation ..... the liability of the insurance company arises for the principal amount and if the same is not deposited or paid within one month from the date of the accident, as required under section 4a(3) of the act, then the insurer also incurs the liability to pay the penalty and interest and the liability envisaged is the ..... other hand submitted that once the insurance company undertakes to indemnify the employer by insuring the motor vehicle in respect of death or bodily injury caused to any person in motor vehicle accident as contemplated under section 95 and other provisions of the act, then the insurance company cannot disown its liability for payment of any amount payable under the w.c. .....

Azad Builders (Ccl) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD118(Pat.)

..... as it is not known as to for how much actually the assessee sold the vehicle but, considering the peculiar nature of the facts constituting the faltered stand of the assessee about the involvement of the vehicle in an accident, its getting defective and consuming more gasoline in which the assessee miserably failed, there is no legal go-by excepting making an estimate, which on the facts and in the circumstances of the case by disallowing the loss in a sum ..... on the legal front, it may be pointed out that this 'get out situation' cannot be accepted as the involvement of the vehicle in an accident, it becoming defective and consequently giving low mileage impelling the assessee to get rid of the car constitute a special fact which being if not within the exclusive but special knowledge of the assessee ought to ..... the pith and substance of the matter manifestly is that the onus of proving the involvement of the vehicle in an accident, so that it commanded a lesser price was not discharged by the assessee even minimally or in a prima facie manner ..... such a situation would produce either of the two results; one that the assessee sold the accidented car, as is where is, and secondly, that it was sold after securing the requisite repairs to ..... it that either on facts or in law a bald assertion of an assessee such as about the misfortune of involvement of his vehicle in an accident has to be neatly gulped or the same to carry conviction is required to be tested on the alter of truthfulness. .....

Chhaya Rani (Smt.) Vs. Dhan Devi @ Dhan Dei (Smt.)

Court : Patna

..... , the workmen's compensation act, 1923 is a social piece of legislation enacted with a view to provide speedy and expedient remedy to the dependents of the deceased workman or the workman in case of death or permanent/partial disability caused to him by accident in course of employment. .....