Court : Guwahati
(oral). 1. this appeal is preferred under section 173 of the motor vehicles act, 1988 (for short, the act) against the judgment and award dated 11.11.2011 in mac case no.125/2009 passed by the learned member, motor accident claims tribunal, tinsukia, awarding a sum of rs.11,82,000/- to the claimants/respondent nos.1 to 4 ..... the insurance company in respect of an occupant in a car. even though the insurance company had put such a restrictive condition limiting the liability, the same will have no force in the eye of law, he emphatically urges. 16. mr. k. k. bhatta, learned counsel appearing for the respondent no. 7, new india assurance company limited ..... submits that in the attending facts and circumstances, the learned tribunal rightly passed the award and no interference is called for. 17. i have considered the submission of learned counsel for the parties as well as the amicus and have .....
Tag this Judgment!Court : Guwahati
..... the amount of compensation ought to have been calculated as per clause 6 of the second schedule to the motor vehicles act, 1988 taking the notional income at rs.15,000/- per annum does not have any force in the eye of law. there was material evidence available on record on the basis of which the learned district ..... produce any certificate as proof of income of the deceased this is a case of no income falling under clause 6 of the second schedule to the motor vehicles act, 1988. therefore, applying the multiplier as per clause 6, the compensation amount given by the lower appellate court is excessive. he submits that under the said clause ..... quoted herein below :- 1. whether in the absence of any statutory report of the accident by the senior electrical inspector as required under section 161 of the electricity act, 2003 the appellant can be made liable for payment of compensation for the death of the plaintiffs husband due to electrocution? 2. whether the learned first appellate court .....
Tag this Judgment!Court : Guwahati
..... the writ of certiorari can be issued for correcting errors of jurisdiction and the high court does not exercise appellate power to review finding of facts reached by the inferior tribunal, even if they are erroneous. however, a manifest error apparent on the face of the record can always be corrected. 14. in surya dev rai vs. ram ..... a hill completely damaging the company s vehicle. to cover up your deficiencies, you had lied to the police station the next day of the accident that two-armed ultras i.e. ulfa militants had overpowered you at gunpoint while you had stopped for tea break at jakhlabandha and took over control of the vehicle and drove towards ..... inconvenience in terms of valuable time and money required to be spent to get you out on bail. the above acts of yours if proved, are serious offences under standing order in force on this estate. your above noted acts of deliberate negligence of duty and disobedience of your superior s instructions led to a huge loss of company s finances .....
Tag this Judgment!Court : Guwahati
..... may be filed by the management during the pendency of its application made before the labour court or industrial tribunal seeking its permission under section 33 of the industrial disputes act, 1947 to take a certain action or grant approval of the action taken by it. the management is made aware of ..... scc 491 laid down the following principles :- 16. we think that the application of the management to seek the permission of the labour court or industrial tribunal for availing the right to adduce further evidence to substantiate the charge or charges framed against the workman referred to in the above passage is the application which ..... the application made by it under section 33 of the said act, meaning thereby that the management had to exercise its right of leading fresh evidence at the first available opportunity and not at any time thereafter during the proceedings before the industrial tribunal/labour court. the constitution bench opined that the procedure laid down .....
Tag this Judgment!Court : Guwahati
..... disclosed and it is vaguely stated that the vehicle was covered by insurance of national insurance company ltd. the learned tribunal having not arrived at a finding that there was an insurance policy in force on the relevant date and time the direction to insurance company to make payment of compensation has become virtually untenable ..... opposite party, at all. it is further pleaded that the opposite party 3 is not liable to make ad interim payment under section 140 of the motor vehicle act, 1988. the opposite party 3, therefore, prayed that the nic be exonerated of the liability to pay compensation, whatsoever. 4) upon consideration of the aforesaid ..... liable to make payment of any compensation. as the learned tribunal is vested with the duty and jurisdiction to assess a just compensation under the provisions of the motor vehicles act, 1988 it is necessary to examine whether the quantum of compensation assessed by the learned tribunal is correct. 11) sri bj mukherjee, learned counsel for .....
Tag this Judgment!Court : Guwahati
..... similarly, the president is entrusted with powers and duties covering a wide range by the articles of the constitution. indeed, he is the supreme commander of the armed forces [article 53(2)], appoints judges of the supreme court and the high courts and determines the latter's age when dispute arises, has power to refer ..... him in the exercise and performance of those powers and duties: provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either house of parliament for the investigation of a charge under article 61: provided further that nothing in this clause ..... of argument advanced by the learned counsel representing the respondents is towards questioning the very maintainability of the writ petitions on the ground that the governor having acted with his domain, competence and jurisdiction towards passing the impugned orders, the same cannot be called in question invoking the jurisdiction of this court under article .....
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