Judgment Search Results Home > Cases Phrase: inevitable accident Court: jammu and kashmir Page 1 of about 81 results (0.094 seconds)

National Insurance Co. Ltd. Vs. Shiv Dutt Sharma

Court : Jammu and Kashmir

Reported in : 2004ACJ2049

..... has been defined as meaning a catastrophe occurring without any intervention of man an accident physically unavoidable an accident which is absolutely unavoidable because effected or influenced by the uncontrollable operations of nature any accident produced by any physical cause which is irresistible and in this connection courts have expressed the opinion that the words 'inevitable accident' are exactly equivalent to or interchangeable or anonymous with the expression 'act of ..... . in relation of inevitable accident of the second class the word has been defined as meaning or referring to an accident which could not be prevented by the exercise of ordinary care and prudence which is not due to negligence and which no human foresight could avoid ..... 'inevitable ..... the principle of the workmen's compensation act as res integra, i should be of opinion that the principle was one more akin to insurance at the expense of the employer of the workman against accidents arising out of and in the course of his employment than to the imposition on the employer of liability for anything for which he might reasonably be made answerable on the ground that he ought to ..... carelessness of man and the fact that the negligence of the person injured contributed to produce the result will not make it any less an accident and in this sense the word has been defined as a fortuitous circumstance preventable and not prevented an unexpected or unforeseen event happening with or without human fault.27. again .....

Vijay Kumar. Vs. Jandk; Srtc and anr

Court : Jammu and Kashmir

..... fir no.120/2007 having been registered on the basis of statement of appellant and the appellant having relied upon the same in support of his claim 7 petition, the inevitable conclusion derived by the tribunal that the accident in which the appellant suffered injuries was not attributable to the rash and negligent driving of the bus, in which the appellant was travelling, in the hands of respondent no.2 and consequently ..... bearing in mind the fact that the appellant was the maker of fir wherein the unknown truck coming from opposite direction and being plied negligently was blamed for causing the accident by hitting the bus, in which the appellant and his relatives were travelling, on aside resulting in injuries to the arm of the appellant which he was holding out of the body ..... while appellant appears to have led oral evidence before the tribunal attributing the accident to rash and negligent driving of the bus in the hands of respondent no.2, the respondents appeared to have examined asi-ahmed din chouhan besides respondent no.2 to establish the defence plea that the accident was caused by the negligently driven truck coming from opposite direction from the wrong side which caused injuries to appellant as ..... for offences under section 279/338 rpc of police station samba which, according to him, was recorded on the basis of statement made by the appellant to the effect that the accident was caused due to negligence of driver of an unknown truck that came from the opposite direction. .....

New India Assurance Co. Ltd. and anr. Vs. Imtiaz Bano and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ343

..... that is why it has been said by courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident the object is to compensate such injury 'so far as money can compensation' because it is impossible to equate the money with the human sufferings or ..... 20p3], set aside the judgment of learned single judge and modify that of the motor accidents claims tribunal, jammu, and direct that the award shall stand modified for an amount of ..... its very nature whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of the disability ..... speaking while fixing an amount of compensation payable to victim of an accident, the damages have to be assessed separately as pecuniary damages and special ..... on 18-7-1997, by its driver, she received multiple injuries in the accident and her spinal cord was broken. ..... bano, his wife, met with an accident on 18-08-1997 while coming from kishtwar to ..... it cannot be disputed that because of the accident the appellant who was an active practicing lawyer has become paraplegic on account of the injuries sustained ..... she had sustained road traffic accident on 18-8-1997 and thereafter she was shifted to delhi for her treatment of spinal ..... damages, the court must exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable'.'14. .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... . it is possible that in a given case the pith and substance of the state action may deal with a particular fundamental right but its direct and inevitable effect may be on another fundamental right and in that case, the state action would have to meet the challenge of the latter fundamental right, the pith and substance doctrine ..... possible that in a given case the pith and substance of the state action may deal with a particular fundamental right but its direct and inevitable effect may be on another fundamental right and in that case, the state action would have to meet the challenge of the ..... legislation can be, of course, struck down if it directly infringes the fundamental rights of a legislator but it can also be struck down if the inevitable consequences of the legislation is to prevent the exercise of the fundamental right guaranteed under article 19(1)(c) or to make the exercise of that right ..... 19(1).' testing the constitutional validity of section 24-g on the principle of direct and inevitable consequence laid down in maneka gandhi's case (air 1978 sc 597) (supra), which indeed is the principle that holds field at present, there can be hardly two opinions that the direct and inevitable consequence of the impugned legislation is to abridge the fundamental rights of a legislator guaranteed ..... was thus negatived in the clearest terms and the test applied was as to what is the direct and inevitable consequence or effect of the impugned state action on the fundamental right of the .....

National Insurance Co. and ors. Vs. Tsering Dorjey and ors.

Court : Jammu and Kashmir

Reported in : II(2005)ACC261,2006ACJ709,2004(3)JKJ534

..... (i) that the driver of the vehicle was not having an endorsement on the driving licence to ply the passenger service vehicle, therefore, was not authorized in law to ply the vehicle involved in the accident and the appellants, therefore, cannot made liable to indemnify the claim and (ii) that the tribunal is not justified after recording finding that the driver was not having a valid license and the appellant ..... section 3(1) having not been satisfied by the driver, in not holding a license to drive with a specific endorsement to drive the transport vehicle (public service vehicle) such a conclusion has become inevitable on the facts of the case.the reliance placed upon the decision reported in air 1999 sc 3181 (1999) 6 scc 620 (supra) by the respondents is of no avail. ..... been filed against the common judgment and award dated 29.10.2003 passed by the motor accident claims tribunal leh/ ladakh (hereinafter referred to as 'the tribunal') in twenty claim petitions arising out of the same accident, wherein while allowing the claim petitions, compensation has been awarded to the claimants ..... 'provided that a person driving holding an effective driving license at the time of accident and is not disqualified from holding or obtaining such a license.provided also that if a person holding an effective learner's license may also drive the vehicle when not used for the transport of goods at the time of the accident and that such a person satisfies the requirements of rule 3 of the central motor .....

United Fire and General Insurance Co. Ltd. Vs. Lakshmi Shori Ganjoo an ...

Court : Jammu and Kashmir

Reported in : [1984]55CompCas251(NULL)

..... so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:-- (a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has ..... been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105 ; or(b) that there was been a breach of a specified condition of the policy, being one of the ..... given permission to take part in the proceedings but it chose not to avail of that permission and neither the explanation for the delay in filing the claim petition nor the fact that the accident had been caused due to the negligence of the truck driver was controverted before the tribunal, by the insurer and despite numerous opportunities granted, it did not file any objections to the claim petition. ..... 1970] act 110 ; air 1=970 sc 376 (at p/380):' in assessing damages, the court must exclude all considerations ofmatter which rest in speculation or fancy though conjecture to some extent is inevitable. .....

Abdul Ahad Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : 1992ACJ28

..... is submitted that the matter was reported besides others to the inspection agency of the department which conducted an independent enquiry and came to the conclusion that the accident took place due to the climbing of abdul ahad on the pole who received flash from 11 kv ht line and not due to any fault of the ..... the suggestion that the plaintiff had climbed the electric pole and had touched the electric live wire as a result of which he met with the accident.gulam ahmed, pw, has stated that he rescued the plaintiff with the help of wooden piece after he was electrocuted. ..... after the occurrence, the departmental staff is alleged to have immediately inspected the site of the accident and found that the charged line was intact and there were some burnt hair which could be spotted on the line and there were also foot prints of the child on the ..... jawala devi 1976 acj 207 (delhi), pointed out that 'in assessing damages in fatal accident cases, compensation should be calculated so as to allow for the increasing cost in a depreciating currency...and a judge cannot shut his eyes to the inflationary trend and the fact that the rupee has considerably gone ..... (i) that the 'thing' causing the damage be under the control of the defendant or his servants, and (ii) that the accident must be such as would not in the ordinary course of things have happened without negligence.32. ..... are not influenced by the circumstances which rest in speculation or fancy, though conjecture to some extent is inevitable. .....

United Fire and General Insurance Co. Ltd. and Etc. Vs. Lakshmi Shori ...

Court : Jammu and Kashmir

..... to have incurred the liability because of the simple reason that a policy of insurance being in the nature of a contract of indemnity, the insurer takesupon himself to discharge the liabilityof the insured arising out of a motorvehicle accident, subject of course to theterms and conditions of the policyand the maximum statutory liability.he cannot, under the first head avoidhis liability except on the grounds mentioned above, when a party takes out apolicy of insurance, does ..... been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or (b) that there has been a breach of a specified condition of the policy, being one ..... given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely: (a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has ..... the court must exclude all considerations of matter which rest in speculations, or fancy, though conjecture to some extent is inevitable.' 66. .....

Skuast and anr. Vs. Anil Pathania and ors.

Court : Jammu and Kashmir

Reported in : AIR2002J& K78

..... aside an order in an appeal reasons have to be given because an order cannot be set aside by taking mental note of facts and circumstances which persuade the appellate court to display indulgence obviously observations by the appellate bench are inevitable but such observations have to be restricted to the extent of interim matter. .....

State of J and K and ors. Vs. Zamindaran of Villages Khanpora and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ241

h. imtiyaz hussain, j.1. the present application has been filed by the state of jammu and kashmir through principal secretary to government industries and commerce department srinagar with the prayer that they be allowed to deposit the deficit court-fee.2. the matter pertains to land acquisition proceedings in village khanpora district budgam. the reference made in the proceedings to the learned district judge budgam was disposed of by the learned district judge on 12.11.2000.against the judgment and decree passed by the learned district judge, state of jammu and kashmir has filed an appeal before this court which stands admitted by order of this court dated 17.03.2004. the state has not paid requisite court fee and in para 8 of the memorandum of appeal the appellants have undertaken to pay the requisite court fee on admission of the appeal. since no court fee was paid, the present application has been moved by the state seeking permission to pay the same.3. the non-applicants / respondents have vehemently opposed the application mr. s.t. hussain appearing for the respondents/non-applicants submits that it is not a case of deficit court fee, but a case where the state has deliberately avoided to pay the court fee and has made its payment conditional. he has taken a serious objection to para 8 of the memorandum of appeal and has submitted that in view of the law laid down by the hon'ble apex court in butta singh v. union of india, (air 1995 sc:1945), this court cannot exercise .....