Court : Supreme Court of India
..... of section 13 unless the application is made within one year of occurrence of the accident; (c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration: provided that no application for any claim referred to in ..... claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents or untoward incidents]. .....
Tag this Judgment!Court : Supreme Court of India
..... the insured-appellant informed the insurer-respondent about the fire accident and the losses suffered in the manufacturing unit in the fire incident on 15th april, 2013. ..... the claim was also filed for indemnifying the insured-appellant for the damage caused in a fire 11 accident at the insured premises. .....
Tag this Judgment!Court : Supreme Court of India
..... while driving tvs starcity 1 judgement dated 04.04.2019 2 madras high court, bench at madurai 3 motor accident claims tribunal, tirunelveli page 1 of 9 bearing registration no.tn-72-av-0927, which was insured with respondent no.1-insurance company. ..... considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be 11 as per the judgment of this court in sarla verma (smt. ..... ramasamy, village administrative officer, that after the death of ravi shankar in the accident in question, the land is not being cultivated. ..... the basic facts, namely, the date of accident, the age of the deceased and dependency are not in dispute. ..... briefly, the facts are that ravisankar, aged 52 years, met with an accident on 09.12.2012, at about 8.30 p.m. ..... the accident and the liability of the insurance company as such are not in dispute.4. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. ..... sri.vinayak bhat in support of his appeal would submit that the tribunal committed an error in holding that the deceased has contributed 40% to the occurrence of the accident in question, without taking note of the fact that the claim petition was filed under section 163-a of the mv act. ..... claim petition is liable to be dismissed as not maintainable under section 163-a of the mv act, 1988 as the deceased himself was responsible for the accident and just to get compensation, the claimants have falsely filed claim petition. ..... the parties to the proceedings do not dispute the occurrence of the accident on 6.7.2012 resulting in death of sri.mahabaleshwar krishna bhat, wife of ..... of the structured formula is in the nature of a final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of the driver/owner of the vehicle(s) involved in the accident. ..... fastening the liability to an extent of 60% on the insurance company, which is contrary to the statutory provisions of section 163-a of the mv act, as no risk is contemplated under the insurance policy in respect of self negligent accident. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. ..... sri.vinayak bhat in support of his appeal would submit that the tribunal committed an error in holding that the deceased has contributed 40% to the occurrence of the accident in question, without taking note of the fact that the claim petition was filed under section 163-a of the mv act. ..... claim petition is liable to be dismissed as not maintainable under section 163-a of the mv act, 1988 as the deceased himself was responsible for the accident and just to get compensation, the claimants have falsely filed claim petition. ..... the parties to the proceedings do not dispute the occurrence of the accident on 6.7.2012 resulting in death of sri.mahabaleshwar krishna bhat, wife of ..... of the structured formula is in the nature of a final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of the driver/owner of the vehicle(s) involved in the accident. ..... fastening the liability to an extent of 60% on the insurance company, which is contrary to the statutory provisions of section 163-a of the mv act, as no risk is contemplated under the insurance policy in respect of self negligent accident. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the tribunal on the basis of the material evidence on record held that the accident occurred due to rash and negligent driving of motorcycle bearing no.ka-32/x-7036 and confirmed the liability of the insurer. ..... if average income is not considered, if an established income of the injured/deceased is reduced in the year of accident or due to windfall the income of the victim/deceased increased in the year of accident, the process of determining the established income would fail. ..... it is further submitted that the date of the accident is 09.04.2019, but no income tax returns has been filed for the assessment year 2019-20. ..... the petitioner/claimant has filed a petition under section 166 of mv act, claiming compensation for accidental injuries sustained in a road traffic accident that took place on 09.04.2019. ..... he further disputed the accident and contended the delay in filing the complaint and also disputed the fact that rider of the motorcycle possessing valid and effective driving license.5. ..... hence, the returns filed and available on record for the immediate previous assessment years to the date of the accident is to be considered.-. ..... the accident took place on 09.04.2019 and the due date for filing an income tax returns for the assessment year 2019-2020 was still available. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
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