Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Court: chhattisgarh Page 1 of about 60 results (0.050 seconds)

M. Sannu Ram Mandavi Vs. C. Mohan and ors.

Court : Chhattisgarh

Reported in : IV(2006)ACC505

..... direct.(emphasis supplied)6. it will be clear from the italicised words used in section 168 of the act that the claims tribunal is to hold an inquiry 'into the claim or, as the case may be, each of the claims' and, make an award determining the amount of compensation which appears to be just and specifying 'the person or persons' to whom compensation shall ..... . the expression 'award' has not been defined in the act but its meaning can be gathered from section 168 of the act which is titled 'award of the claims tribunal'. the said section 168 is quoted herein below:168. award of the claims tribunal.--(1) on receipt of an application for compensation made under section 166, the claims tribunal shall, after giving notice of the application to the .....

Divisional Railway Manager, Raipur (C.G.) and Another Vs. Vikas Agrawa ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... was resisted by the appellants/ops on the ground that it was not maintainable before the district forum as section 13 of the railway claims tribunal act, 1987 provides for exclusive jurisdiction of the tribunal in respect of refund of amount of tickets and therefore, the district forum was not having jurisdiction. to entertain the complaint. some ..... this commission earlier that jurisdiction ofother court or authority have been barred under section 15 of the railway claims tribunal act, 1987 and cancellation of ticket and refund are questions to be considered u/s 51 and 52 of the railways act, 1989 and come under the category of statutory duty for which no extra amount has been ..... refund of fares and jurisdiction of any other court or authority has been barred specifically under section 15 of the railway claims tribunal act, 1987 and the provisions of the consumer protection act, 1986 being not in derogation of provisions of any other law, applicable for the time being in force, we are of .....

Banshilal Banjara Nayak Vs. Union of India, Through : General Manager, ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... of compensation in respect of bonafide passengers of the railway. 4. earlier also vide order dated 08.08.2012, the district forum, ..... and that deceased himself was negligent while crossing the railway track on which trains were passing. this objection was also taken that district forum was not having jurisdiction to entertain the complaint as a statutory tribunal has already been constituted under the railways claims tribunal act, which was having exclusive jurisdiction for passing award ..... proceedings, they can do so according to law and in such a case, they can claim the benefit of section 14 of the limitation act to exclude the period spent in prosecuting proceedings under the act while computing the period of limitation prescribed for such a suit." 12. in the case .....

Holu Ram Nishad and anr. Vs. Ishak Mohmmed and ors.

Court : Chhattisgarh

Reported in : 2005(2)MPHT1(CG)

..... . the matter was reported and the fir is annexure a-1.4. the appellants filed a claim case before the learned claims tribunal claiming compensation of rs. 10,00,000/- alongwith an application under section 140 of the act for no fault liability on the ground that due to the negligence and carelessness of the driver ..... -2-2003, passed by the learned additional motor accident claims tribunal, bemetara, district durg in claim case no. 23 of 2002.2. the appellants/claimants have filed an application under section 166 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') before the learned claims tribunal claiming compensation of rs. 10,00,000/-and another application ..... section 110(1) of the act because the case would then become one of exclusive negligence of railways. again if the accident had arisen only on account of the negligence of persons other than the driver/owner of the motor vehicle, the claim would not be maintainable before the tribunal.44. we may however add that .....

KhorbahrIn Bai Vs. Tulsa Ram and ors.

Court : Chhattisgarh

Reported in : 2003(2)MPHT57(CG)

..... to have considered the provisions envisaged in sections 166/140 of the motor vehicles act. it is submitted that so far as the claims are concerned, sub-section (4) of section 166 of the act even gives jurisdiction to the claims tribunal. section 166 of the act is pertinent and quoted herein below:--'166. application for compensation.-- (1) an application for compensation arising out of an ..... insurer.'3. counsel for the applicant also referred to section 168 of the motor vehicles act especially first proviso. section 168 reads as under :--'168. award of the claims tribunal.-- (1) on receipt of anapplication for compensation made under section 166, theclaims tribunal shall, after giving notice of the application tothe insurer and after giving the parties (including the insurer) anopportunity of being heard .....

Oriental Insurance Co. Ltd. Vs. Pooranlal and anr.

Court : Chhattisgarh

Reported in : 2007ACJ1804; AIR2006Chh77

..... application in respect of damages to the property before the accidents claims tribunal. as far as the owner/ insured is concerned, he cannot maintain an application in respect of claim of his own damages under section 166 of the act. 12. the learned claims tribunal has not decided the legal objections raised by the appellant in ..... the relevant part of sections 165 and 166 of the act of 1988 which reads as under;165. claims tribunals.- (1) a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereinafter in this chapter referred to as claims tribunal) for such area as may be specified in the notification ..... appellant/insurance company has preferred this appeal under section 173 of the motor vehicles act, 1988 (for brevity 'the act of 1988') as he is aggrieved by the award dated 5-11-1999 passed by the iiird additional motor accidents claims tribunal, durg in claim case no. 16/95 whereby compensation of rs. 20.000/- in favour .....

Bharat Aluminium Co. Ltd. Vs. Kaiser Aluminium Technical Services, Inc ...

Court : Chhattisgarh

Reported in : AIR2005Chh21; 2006(1)MPHT18(CG)

..... third arbitrator. he, however, submitted that since the role of the tribunal could not be agreed upon, the tribunal directed that the arbitration would proceed in accordance with section 21(2)(3) and (4) of the english act. he further submitted that the respondent claimed compound interest under section 49 of the english act and no objection was taken by the appellant in the reply ..... under section 49 of the english act did not apply, rather the appellant .....

Bajaj Allianz General Insurance Co. Ltd. Vs. Dasru Patel and Others

Court : Chhattisgarh

Reported in : 2011AIR(Chhat)149

..... hereinabove, the writ petitions are allowed. the impugned orders are quashed. 19. all the claims preferred by the claimants are rejected with liberty to them to prefer claim before motor accident claims tribunal constituted under section 165 of the motor vehicles act, 1988. 20. parties to bear their own costs. 21. high court registry is directed ..... enumerated in sub-section (2). section 165 of m.v. act found in chapter xii of m.v. act, 1988 provide for constitution of claims tribunal. a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals for such area as may be specified in the notification for the ..... filed against the judgments and awards passed by the motor accident claims tribunal. section 175 of the motor vehicles act, bars the jurisdiction of the civil courts to go into the claim for compensation in a motor vehicle accident. it states that where any claims tribunal has been constituted for any area, no civil court shall .....

Ramesh Kumar Singh and anr. Vs. Kristo Sao and anr.

Court : Chhattisgarh

Reported in : 2009ACJ2109; AIR2008Chh65; 2008(4)MPHT114(CG)

..... this order shall govern the appeal preferred by the driver and the owner against the award dated 16-12-1997 passed by the additional motor accidents claims tribunal, jashpur, district raigarh (henceforth 'the tribunal') in claim case no. 7/96, whereunder in a case of death of a third party, i.e., a girl ku. sangeeta, aged 10 years ..... p. gupta, learned counsel appearing for the appellants placed reliance on the fiction created by sub-section (1) of section 157 of the motor vehicles act, 1988 (henceforth 'the act') while arguing that in the above mentioned situation the certificate of insurance and the policy described as certificate shall be deemed to have been transferred in ..... rikhi ram and anr. v. sukhrania and ors. (supra), it was argued that where sub-section (2) of section 157 of the act is not complied with by the transferee, he cannot claim any personal benefit under the policy.7. having considered the rival submissions, i have perused the record. appellant no. 2 had, while deposing .....

National Insurance Company Limited Vs. Rajendra Mourya,

Court : Chhattisgarh

Reported in : AIR2007Chh138

..... insurance policy prior to the date of accident upon the cheque for payment of premium issued by the insured having been dishonoured the ivth additional motor accidents claims tribunal, bilaspur (hereinafter referred to as `the mact') was justified in passing an award against the insurance company for payment of compensation while giving it the ..... the policy of insurance. the policy of insurance that the appellant/insurer issued was a representation upon which the authorities and third parties were entitled to act and, therefore, the appellant/insurer was not absolved of its obligations towards third parties under the policy of insurance merely because it did not receive the ..... therefore, clearly prevail over the interest of the appellant. therefore, in view of the provision contained in sub-section (1) of section 149 of the act, 1988 as regards the liability of the insurance company towards third parties is concerned, it is wholly immaterial whether the policy of insurance once issued by the .....