Court : Patna
..... and the cover note was procured by the owner after suppressing the material fact of the accident, thereafter, the aforesaid cover note was cancelled and communicated to the owner of the vehicle under registered post with the premium amount through cheque which was returned to the insurer as it was refused. ..... he has also submitted that when the insurance company came to know about the accident by the offending vehicle, the cover note was cancelled and the amount of premium was returned. 9. ..... agrawal when he came to know about the accident and why he issued cover note on 24.12.1999 at 21:40 p.m. ..... later on, after the accident the said mahendra agrawal, development officer, an authorized representative of the insurance company, came to her and requested to give the original cover note to him after completing the necessary formalities for insurance he would return. ..... the accident had taken place on 24.12.1999 at about 7-15 p.m. ..... when the insurance company came to know about the involvement of the vehicle in the accident on 24.12.1999 at 7-15 p.m. ..... the accident was admitted and it was stated that the vehicles were insured with the appellant and the photocopy of the cover note issued by sri mahendra agrawal, development officer of the oriental insurance company ltd. ..... the accident was reported to kishanganj police station and kishanganj p.s. ..... , at the time of accident. .....
Tag this Judgment!Court : Patna
..... from perusal of the insurance policy, it appears that the vehicle was insured, but it does not appear that the vehicle was insured for other purpose then the accident and not for the death of the insured. ..... an owner of a vehicle can only claim provided a personal accident insurance has been taken out. ..... prabha devi and others (supra), it has been considered regarding the extension of statutory benefit of insurance of third party to the owner of the vehicle when he is injured/dies in accident involving insured vehicle. ..... it was not an accident, but a criminal act. ..... appeal has been filed under section 173 of the motor vehicles act, 1998 by the claimants against the judgment and order dated 22.09.2007 passed by the learned additional district judge, f.t.c.ii, nawada-cum-motor accident claims tribunal in m.v. ..... the occurrence does not come under the purview of motor accident. .....
Tag this Judgment!Court : Patna
..... coupled with the above, while cross-examining pw 1, it had not been suggested to her by the defence that pw 6 and pw 7 were present at the time, when lal mohan noniya (pw 2) had, by accident, shot his brother, butai noniya, who died. .....
Tag this Judgment!Court : Patna
..... in the facts and circumstances stated above, it can be held that the deceased died due to the accident arising out of the fire coming out from the oil when oil tank of the standing vehicle burst. ..... since the occurrence has not taken place due to any accident, the insurer is not liable to pay the amount of compensation and the learned tribunal has rightly held that it was not an accident and , as such, no amount of compensation is payable to the claimants. ..... 4 of 2009/2 of 2008 by the additional district judge cum motor accident claim tribunal, jehanabad, whereby the claim for compensation under the motor vehicles act has been dismissed. 2. ..... in s.92-a covers accidents which occur both when the vehicle is in motion and when it is stationary. ..... connotation to cover the period when the vehicle is not moving and is stationary and the use of a vehicle does not cease on account of the vehicle having been rendered immobile on account of a break-down or mechanical defect or accident. ..... 1) at the time of the accident. 4. .....
Tag this Judgment!Court : Patna
..... the claimants-appellants have preferred this appeal against the judgment dated 19.01.2005 and award dated 11.2.2005 passed by the learned 7th additional sessions judge-cum-motor accident claim tribunal, bhagalpur in accident claim case no. ..... 3 had met with an accident, fell in the ditch causing the death of the driver, conductor and helper of the aforesaid bus (tata maxi) on the spot. 5. ..... perusal of the insurance policy it appears that the offending vehicle was insured for the period 16.3.1990 to 15.3.1991, whereas, the date of occurrence is 21.2.1991, as such the offending vehicle, in question, was insured at the time of accident. .....
Tag this Judgment!Court : Patna
..... 159 and 159(a) on 27.8.2003 and received grievous injury due to accident and died on the spot. .....
Tag this Judgment!Court : Patna
..... -appellants have preferred this appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the act) against the judgment and award dated 24.07.2004 and 6.08.2004 respectively passed by the motor accident claims tribunal-cum-additional district judge-5, gaya in motor accident claim case no.26/98/39/98 by which the insurer-respondent nos. ..... the appellants filed the aforesaid motor accident claims case no.26/98/39/98 under section 166 of the act for grant of compensation to the tune of rs.5,05,000/- due to death of their son dipak mali, aged about 14 years due to rash and negligent driving of the truck bearing .....
Tag this Judgment!Court : Patna
..... this appeal is directed against the judgment and award dated 31.07.2007 passed by the learned additional district judge, ftc.iii-cum-motor accident claims tribunal, samastipur in claim case no.7/1994 by which the appellant has been directed to pay a sum of rs.2,85,000/- with interest. ..... and he gave a letter addressed to the branch manager, national insurance company limited, samastipur in which it has been mentioned that the vehicle was insured with the new india assurance company limited at the time of accident and he also gave a letter addressed to the financer and requested him to give the policy of period which the ..... at the time of accident, the injured was 67 years of age. ..... insurance company limited, muzaffarpur got inquired into the matter regarding the insurer of the offending vehicle by the surveyor and came to know that tata maxi br-33p-2507, the offending vehicle met with an accident in which mr. .....
Tag this Judgment!Court : Patna
..... there is provision under section 158 (6) of motor vehicles act that as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the ..... this appeal is directed against the judgment and award dated 30.9.2005 and 9.12.2005 passed by the motor vehicles accident claims tribunal-cum- 1st additional district judge, bhagalpur in claim case no. ..... (iii) whether dabloo yadav died in the road traffic accident on account of rash and negligent driving of vehicle bearing registration no. b. r. i. ..... he got information by telephone that his son dabloo aged about 22 years met with an accident while traveling in shri hari bus bearing registration no. ..... later on, in collusion with the owner of the vehicle an amendment has been made by the claimants that the bus involved in the accident was bearing registration no. ..... the claim application was filed under section 166 of the motor vehicles act on account of the death of dabloo yadav aged about 21 years, the son of the claimant in the road accident on 15.5.2000 at about 5 p.m. ..... also been mentioned that on the date of occurrence, the bus was being plied by an expert driver having valid licence and the driving licence was valid upto 18.2.2005 which covers the period of alleged accident. 12. .....
Tag this Judgment!Court : Patna
..... section 11- liability to third parties : (1) subjects to the limits of liability as laid down in the schedule hereto the company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which he insured shall become legally liable to pay in respect of- (i) death or bodily injury to any person including occupants carried in the vehicle (provided ..... persons or class of persons entitled to drive : any person including insured provided that a person driving holds an effective driving licence at the time of the accident and is not disqualified from holding or obtaining an effective learners licence may also drive the vehicle and such a person satisfies the requirements of rule 3 of central motor vehicle rules, 1989. ..... whereas the insurance company is bound to compensate the owner or the driver of the motor vehicle in case any person dies or suffers injury as a result of an accident; in case of involving owner of the vehicle or others are proposed to be covered, an additional premium is required to be paid for covering their life and property?. 22. ..... no.265/2008 have been filed against the judgment and award dated 29.02.2008 and 12.05.2008 respectively passed by the motor accident claim tribunal-cum-additional district judge, 3rd, patna in claim case nos.1/2004 and 2/2004 by which the appellants have been held liable to pay compensation of rs.22,80, 468/- for causing the death of ramanuj prasad .....
Tag this Judgment!