IV (2005) ACC 5 (H.P.)
Minor 12 years driving scooter : Mother registered owner
: She was best person to tell how minor was driving scooter
without her permission, not cared to appear in witness box
: Adverse inference drawn against her : Parents who permit
their minor child to violate law and drive without licence
must suffer for misdemeanour of minor : Minor driving very
often since 1992 : Tacit consent of parents can be presumed
: Insurance Company cannot be burdened with liability to
pay awarded amount.
IV (2005) ACC 16 (Del.)
Motor Vehicles Act, 1988 — Sections 149(2), 170 — Permission
to widen scope of defence : Owner and/or driver of offending
vehicle colluded with claimant as they failed to contest
claim : Appellant insurance company already arrayed as respondent,
Tribunal took view that appellant was precluded from invoking
Section 170 : Permission sought by appellant under Section
170 of Act on application in that regard wrongly refused
by Tribunal.
IV (2005) ACC 25 (A.P.)
Claimant sustained injuries travelling in lorry with
his deflated tyre to get it repaired : Travelling as passenger
and not “owner of goods” : He is not covered by policy of
insurer issued by second respondent : Finding of Tribunal
that second respondent is not liable to pay compensation
payable to appellant upheld.
IV (2005) ACC 119 (Raj.)
Option regarding claims for compensation in certain
cases : If death or bodily injury to any person gives rise
to claim for compensation under Act of 1988 as well as under
Workmen’s Compensation Act, in such circumstances person
entitled for compensation may file claim petition under
either of two Acts.
IV (2005) ACC 121 (DB) (P&H)
L.P.A. : Appeal under letters patent not maintainable
when original or appellate decree or order is heard and
decided by Single Judge of this Court.
IV (2005) ACC 125 (DB) (Ker.)
Joint Tortfeasors : Jointly and severally liable for
entire damage resulting from Tort : Each is responsible
for injury sustained : Aggrieved party can claim it from
all or any one of joint tortfeasors : Mere omission to sue
one or mere non-impleading of one will not be ground for
refusal of claim.
IV (2005) ACC 130 (Raj.)
Compensation to remarried widow : Widow entitled to
compensation on account of death of husband in accident.
IV (2005) ACC 141 (All.)
Forged driving licence : Employer to verify genuineness
of driving licence from office of R.T.O. : Liability will
be fastened upon Insurance Company and it shall be open
for Insurance Company to recover said amount from insured
person.
IV (2005) ACC 143 (Raj.)
Deduction on account of lump sum payment not permissible
in view of S.C. judgment : Balance amount to carry interest
@ 6% p.a.
IV (2005) ACC 148 (M.P.)
Deceased pillion rider : Question of his negligence
does not arise : Once accident admitted, principle of res
ipsa loquitur comes into play : Onus of proving negligence
will shift on respondents.
IV (2005) ACC 150 (DB) (Ori.) Electrocution : Compensation
: Deceased came in contact with snapped live electric wire
which fell on ground and instantaneously electrocuted :
Primary liability to compensate sufferer is that of supplier
of energy so long voltage of electricity energy transmitted
through wire is potentially of dangerous dimension.
IV (2005) ACC 158 (H.P.)
Person is not entitled for compensation for both under
Section 163A as well as under Section 166, Motor Vehicles
Act.
IV (2005) ACC 169 (DB) (Kar.)
Learning Licence : Renewal : Liability of Insurance
Company : No evidence to show rider incurred any disqualification
to hold driving licence : Having not secured renewal, rider
not disqualified from obtaining or holding driving licence.
IV (2005) ACC 194 (H.P.)
Insurance Company liable to pay compensation when insured
vehicle not in control of owner but requisitioned by Government
: Meaning of term “owner” : It includes person who has requisitioned
vehicle.
IV (2005) ACC 227 (H.P.)
Workmen’s Compensation Act, 1923 — Sections 17 and
4A(iii) — Liability to pay compensation as per provisions
of Section 4, statutory liability : Act prohibits any contract
or agreement whereby workman can relinquish his right to
get compensation.
IV (2005) ACC 232 (H.P.)
Amendment of substantive provision of law which enhances
financial liability, cannot be said to be procedural in
nature, so as to make it retrospectively applicable : Unless
amended provision made retrospectively applicable, it has
to be prospective in its application : Penalty levied in
impugned award reduced to 50% to bring amount as per law.
IV (2005) ACC 241 (DB) (M.P.)
Liability of Insurance Company : Truck parked touching electric
pole : Deceased, passer by, touched door knob of truck and
electrocuted : Deceased not passenger in vehicle : Accident
occurred on account of driver parking truck in negligent
manner : Deceased was third party who died on account of
negligence of driver.
IV (2005) ACC 255 (DB) (Ker.) Workmen’s Compensation
Act, 1923 — Section 4A(3)(b) — Penalty — Imposition discretionary
and penal in nature unlike payment of interest which is
mandatory.
IV (2005) ACC 207 (A.P.)
Workmen’s Compensation Act, 1923 — Section 3 — “Accident”
: Chest Pain : No apparent contribution on part of workman
for developing chest pain : It cannot be termed as `expected’
or `designed event’, nor there was any contribution on part
of deceased workman in that behalf.
IV (2005) ACC 258 (DB) (M.P.)
Driver negligent in causing accident and cannot take
advantage of his own negligence : Claim petition not maintainable
: Claimants entitled to approach Commissioner, Workmen’s
Compensation for compensation.
IV (2005) ACC 267 (DB) (Mad.)
Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 — Welfare Legislation
: To be liberally construed giving purposive interpretation.
IV (2005) ACC 271 (DB) (M.P.) Jurisdiction of Tribunal
to entertain claim application of compensation: Accident
arising out of use of ‘motor vehicle’ : Jurisdiction depends
essentially on fact whether there had been any use of motor
vehicle, once that is established Tribunal’s jurisdiction
cannot be held to be ousted on findings that it is negligence
of other joint tortfeasor and not negligence of motor vehicle
in question.
IV (2005) ACC 271 (DB) (M.P.)
Liability of Insurance Company to indemnify damages
: Accident occurred solely on account of negligence on part
of gateman posted at railway crossing : For negligence of
gateman, employer Central Railway will also be vicariously
liable : Gateman and U.O.I will be jointly and severally
liable to indemnify claim.
IV (2005) ACC 281 (Kar.)
No appeal under Order 43 Rule 1, CPC lies against order
of Commissioner : Only course open to party is to prefer
appeal against award of compensation in terms of Section
30 of Act.
IV (2005) ACC 307 (DB) (Guj.)
“Accident arising out of use of motor vehicle” : Tanker
containing naphtha liquid overturned : Naphtha started spilling
on road and caught fire and resulted in fatal injuries to
15 persons and grievous injuries to others and death of
several persons : Driver and conductor thoroughly negligent
in driving vehicle : Carrying highly inflammable material
in vehicle : Direct nexus existed between injuries suffered
by deceased/injured and accident : Insurance Company liable
to pay compensation.
IV (2005) ACC 307 (DB) (Guj.)
To be given broader meaning : Simply because vehicle
happens to be stationary when accident took place, but dominant
purpose of journey was use thereof for carrying naphtha
liquid : Direct nexus between injuries suffered by deceased/injured
and accident.
IV (2005) ACC 313 (Del.)
Multiplier : Determined by age of deceased as also
that of claimants, whichever is higher : Wife of deceased
got married by the time award pronounced and age of parents
being father 58 years and mother 52 years.
IV (2005) ACC 318 (A.P.)
Appellant as victim of act of joint tortfeasors has
right to proceed against any or both of joint tortfeasors
and can recover damages due to him either from both or any
of them.
IV (2005) ACC 324 (Bom.)
Words "arising out of use of motor vehicle" : Interpretation
: Petrol tanker dashed against rear portion of another truck
coming from opposite direction : Petrol tanker turned turtled
: Petrol started leaking from tanker : Many villagers assembled
to collect petrol and suddenly explosion took place or petrol
caught fire as a result of which 46 persons died : Words
"arising out of use of motor vehicle" decided by Supreme
Court in Shivaji Dayanu Patil's, II (1991) ACC 306 (SC).
IV (2005) ACC 334 (DB) (Mad.)
Deceased employed in foreign
: Age 38 years : Salary 1790 Sterling (P.S.) p.m. : Tribunal
fully justified in scaling down 50% of her earnings : Except
I.T. returns no definite material or service particulars
from employer concerned, conclusion arrived at : Pecuniary
loss fixed at Rs. 87,00,000/- : Rs. 14,000/- granted towards
consortium to 1st claimant : In modification of amount granted
by Tribunal, total compensation fixed at Rs. 87,50,000/-.
III (2005) ACC 705 (M.P.) (DB)
Workmen's Compensation Act, 1923 :
Owner of vehicle not produced any legal evidence and record
to demonstrate deceased was having valid driving licence
for driving heavy vehicle and he was employee of owner
of vehicle : Commissioner justified in exonerating Insurance
Company.
III (2005) ACC
711 (Del.) (FB)
Reduction of benefit of pension amount
from amount of total compensation : Not permissible.
III (2005) ACC
733 (H.P.)
Bar Council of India Rules, 1975 :
Lawyer is expected not even to accept brief or appear
in case he has reason to believe that he may be called
as witness.
III (2005) ACC
770 (Kar.)
Suit for damages for medical negligence
: Laparoscopic operation resulted in serious malady :
Notwithstanding 4th respondent being expert in field of
performing of laparoscopic operation, there is certain
amount of degree of negligent act on his part : While
dealing with suit of this nature what is required is preponderance
of probabilities, i.e., whether respondent No. 4 exercised
reasonable degree of care while performing said operation.
III (2005) ACC
792 (A.P.)
Workmen's Compensation Act, 1923 -
Section 12(2) : Workman employed by appellant to do plastering
work fell down during work, sustained injuries and died
: Compensation awarded to heirs of deceased workman :
1st defendant principal employer directed to deposit amount
awarded : Order awarding compensation distinct and different
from order allowing claim for indemnity for amount of
compensation paid : Commissioner made no adjudication
under Section 12(2) of Act regarding indemnification of
amount to 1st respondent by contractor : Unless such adjudication
made, deduction of amount of compensation from bills of
Contractor-appellant unauthorized.
III (2005) ACC
851 (Kar.)
Evidentiary value : FIR cannot, for
one purpose be accepted and neglected for another, unless
claimants established that contents of FIR were partly
true : Commissioner should have viewed more closely in
order to ascertain whether or not passengers were loaders
employed by owner : Other circumstance that owner and
deceased were from different districts also points to
false claim before Commissioner.
III (2005) ACC
869 (A.P.)
Liability of Insurer : 1st respondent-driver
asked appellants and their two children to board lorry
to unload goods being transported therein, it is not second
respondent (insured) that employed them but first respondent
driver that employed them, they would not be "employees
of person insured by policy" falling in Section 147(1)
Proviso (i) of Act.
III (2005) ACC
872 (M.P.)
Tribunal has awarded only Rs. 5,000/-
to appellant as loss of future income without recording
any reasons, which appears grossly inadequate and contrary
to law.
III (2005) ACC
873 (All.) (DB)
Appeal : Condonation of Delay : Entire
time consumed by State in filing appeal reflects indifferent
attitude of State Authorities and State Law Officer including
Law Department of Government : All these persons know
very well there is limitation prescribed for filing appeal
but none of.
III (2005)
ACC 877 (H.P.)
Claimant claiming to be adopted daughter
of deceased : Burden of proof of custom is on person who
asserts custom : Neither there is any pleadings nor proof
of custom.
III (2005) ACC
102 (P&H) (DB)
Collusion : Motor Vehicles Act, 1988
- Section 170 - Application filed after claimants closed
their evidence, when there was no scope of collusion :
Application dismissed : No fault can be found with this
order of Tribunal dismissing application under Section
170 of Act.
III (2005) ACC
104 (Kar.)
Property : Motor Vehicles Act, 1988
- Sections 2(13), 145(e) and 147(2) : "Goods", "property"
: Bullocks have to be treated as living being on par with
human being : Bullocks cannot be exhaustively treated
as mere property for purposes of Section 147(2)(b) : Bullock
cart purely falls within definition of property in view
of fact that policy is said to be Act Policy with limited
liability on insurer to extent of only Rs. 6,000/-.
III (2005) ACC
107 (Utta.)
Appeal by Insurer : Motor Vehicles
Act, 1988 - Sections 147 and 149(2) - Quantum of Compensation
: Appellant Insurance Company not entitled to challenge
quantum of award of Tribunal.
III (2005) ACC
111 (A.P.)
Passenger : Railways Act, 1989 - Sections
124A, 123(c)(2) and 2(28) - Compensation : Bona fide Passenger
: Definition of pass does not indicate it becomes valid
only when ticket is obtained on production of same : Passenger
holding valid pass or ticket to travel in AC coach or
reserved compartment not prohibited from entering other
compartments, reserved or otherwise, be it for purpose
of meeting friends or in course of moving to other coaches
: If such passenger sustained injuries while in coach,
other than one in which his seat or berth reserved, he
is bona fide passenger.
III (2005) ACC
117 (Raj.)
Income : No evidence on record : Wife
of deceased not aware about exact income of deceased :
Just and appropriate to ignore finding recorded by Tribunal
on speculation and follow settled principle of assessing
minimum income of deceased at Rs. 1,500/- per month, which
is followed unanimously in all cases where income of deceased
not proved by correct and cogent evidence : If 1/3rd amount
deducted towards personal expenses of deceased, net income
would be Rs. 1,000/- per month.
III (2005) ACC
117 (Raj.)
Interest : Claim sustainable only from
date of passing of award and not prior to it.
III (2005) ACC
117 (Raj.)
Multiplier : Deceased aged 45 years
: Appropriate multiplier is 15 and not 13.
III (2005) ACC
12 (Bom.)
Goods Vehicle/Pay and Recover : Motor
Vehicles Act, 1939 - Section 95 - Goods Vehicle : Liability
of Insurance Company : Deceased hired truck for carrying
iron rods, sheep and goats : Deceased and his employee
travelling as passengers in goods vehicle : It cannot
be said Insurance Company is liable to pay compensation
especially when deceased and his servant were neither
contemplated at time of contract of insurance entered
into, nor any premium paid to extend benefit of insurance
to such category of people : Insurance Company directed
to make payment to claimants and recover same from insured
owner of vehicle.
III (2005) ACC
120 (J&K)
Breach of Policy Condition/Pay and
Recover: Insurance Policy : Wilful breach by owner of
offending vehicle : Driving vehicle without holding valid
and effective driving licence : Owner to be saddled with
liability and not insurer.
III (2005) ACC
124 (Raj.) (DB)
Deduction/Income Tax : Deduction of
amount of income tax from amount of compensation : Appellant
company not produced any evidence before Tribunal to show
deceased was having taxable income : Deduction made by
Tribunal rightly not accepted by Single Judge.
III (2005) ACC
124 (Raj.) (DB)
Deduction : Deduction of pension amount,
received by widow as family pension : Erroneous.
III (2005) ACC
124 (Raj.) (DB)
Interest : Rate of : Appellant-Company
did not challenge that part of award of Tribunal awarding
interest @ 12% on amount of compensation in favour of
claimant respondents by filing appeal or cross-objection
: It is not open to it to challenge same in special appeal.
III (2005) ACC
127 (Bom.)
Limitation/Procedure Law : Motor Vehicles
Act, 1939 - Section 110-A - Motor Vehicles Act, 1988 -
Section 166 (deleted from 14.11.1994) - Claim Petition
: Limitation : Claims rejected on ground of limitation
under Section 110-A of 1939 Act, not being filed within
6 months : Later on Section 166 in 1988 Act deleted w.e.f.
14.11.1994 : Now no limitation provided for suit claims
: Even old provision empowered Tribunals to condone delay
: Proceedings in appeal deemed to be continuity of original
claim : Change in procedural law to be taken notice of
and applied retrospectively to pending cases.
III (2005) ACC
131 (H.P.)
Intoxication : Motor Vehicles Act,
1988 - Sections 128 and 185 - Safety Measures for Drivers
and Pillion Riders : Three persons were riding scooter
at time of accident under influence of intoxication :
Claimant tried to hide material facts with regard to driving
of scooter, number of persons on scooter, manner in which
accident occurred, etc. : It can be presumed accident
occurred due to rash and negligent driving of scooter
driver who along with pillion riders was under influence
of alcohol at relevant time : Claimant violated Sections
128 and 185 of Act and cannot be granted any relief.
III (2005) ACC
136 (Raj.)
Lok Adalat : Constitution of India,
1950 - Article 226 - Legal Services Authorities Act, 1987
- Section 21(2) : Writ Petition : Consenting party, who
agreed for settlement before Lok Adalat after which award
also passed in his favour could not be allowed to challenge
same before High Court by filing writ petition under Article
226 of Constitution in absence of any plea that settlement
took place under any kind of duress or undue influence.
III (2005) ACC
140 (P&H)
Vicarious Liability : Motor Vehicles
Act, 1988 - Section 149 - Vicarious Liability of Owner
: No evidence on record that driver was prohibited from
taking bus from route not authorised : It cannot be said
that for negligent act of driver, master is not vicariously
liable.
III (2005) ACC
145 (Bom.)
Interest : Workmen's Compensation Act,
1923 - Section 4 - Interest : Ordinarily interest shall
be payable on amount which becomes due : No reason why
it should not be paid at least from date of claim petition.
III (2005) ACC
145 (Bom.)
Penalty : Workmen's Compensation Act,
1923 - Sections 4 and 4-A(3) - Penalty : Penalty cannot
be part and parcel of amount chargeable with interest
: Penalty to be awarded in addition to interest.
III (2005) ACC
150 (Raj.)
Contributory Negligence : Most material
witness i.e. driver of bus not examined : Important material
and substantial piece of evidence deliberately withheld
by respondents : Respondents failed to discharge their
burden and adverse inference liable to be drawn against
respondents for non-production of driver of bus.
III (2005) ACC
167 (Utta.) (DB)
Overloading : Motor Vehicles Act, 1988
- Section 149(2)(a)(i)(c) : Overloading of Vehicle : Burden
of proof on Insurance Company.
III (2005) ACC
167 (Utta.) (DB)
Res Ipsa Loquitur : Maxim Res Ipsa
Loquitur : Applicability : Taxi at fast speed fell into
river resulting in death of a passenger : Owner/driver
of vehicle also died in accident : Tribunal held taxi
driver rash and negligent and caused accident : Appellate
Court applied principle of res ipsa loquitur and upheld
finding of Tribunal.
III (2005) ACC
17 (H.P.)
Employment on Compassionate Ground
: Workmen's Compensation Act, 1923 - Sections 3(1), 4
- Compensation : Arising out of and in course of employment
: Fact of deceased being workman not disputed by respondents
nor personal injury (death) caused to him by accident
which arose out of and in course of his employment with
respondent - No embargo on right of claimants to receive
compensation on ground that they have received amount
in form of retiral benefits or employment on compassionate
grounds : This right cannot be tinkered with or taken
away.
III (2005) ACC
170 (A.P.)
Appeal/Pleadings : Motor Vehicles Act,
1988 - Section 173 - Appeal : Maintainability : In absence
of any oral and documentary evidence adduced during course
of trial of claim petition, without placing any cogent
evidence, Insurance Company cannot raise grounds not raised
before Claims Tribunal.
III (2005) ACC
173 (Mad.) (DB)
Negligence Contributory : Motor Vehicles
Act, 1988 - Section 166 - Compensation : Quantum : Contributory
negligence : Deceased tried to enter into running bus
: It cannot be said accident took place only due to negligence
on part of driver alone : Deceased also contributed some
negligence, fixed to extent of 30% : Claimant entitled
to only 70% of amount by Tribunal.
III (2005) ACC
177 (P&H)
Untowards Incident : Railway Claims
Tribunal Act - Section 16 r/w Section 124 of Railways
Act, 1989 - Railway Accidents and Untoward Incidents (Compensation)
Rules, 1990 - Rule 3(3) - Compensation : Rule 3(3) indicates
manner in which compensation to be calculated : Maximum
compensation which can be paid in cases of multiple injuries
cannot exceed Rs. 80,000/-.
III (2005) ACC
186 (J&K)
Appeal : Order granting or refusing
application in terms of Order 9 Rule 13, C.P.C. or any
other provision of C.P.C. : Appeal will not lie against
these orders which are appealable in terms of Order 43,
C.P.C. : Appeal can be preferred against award in term
of Section 173 and not order.
III (2005) ACC
186 (J&K)
Appeal/Revision : Motor Vehicles Act,
1988 - Sections 140, 169 and 173 - Civil Procedure Code,
1908 - Order 9 Rule 13, Order 43 - Motor Vehicles Rules
- Rules 324 and 325 - Revision : Maintainability : Against
order not appealable in terms of Act and Rules : Under
Section 173 of Motor Vehicles Act, appeal lies against
award to High Court : M.A.C.T. amenable to revisional
jurisdiction and is under control of High Court being
Court subordinate to High Court.
III (2005) ACC
195 (A.P.)
Condonation of Delay/Limitation : Railway
Claims Tribunal Act, 1987 - Section 16 - Workmen's Compensation
Act, 1923 - Claim Application : Limitation : Condonation
of delay : Filing of claim petition in wrong Forum i.e.,
under Workmen's Compensation Act : Claimant got injured
in railway accident and moved application under Workmen's
Compensation Act for compensation : As he is not 'workman',
he approached Railway Claims Tribunal for compensation
: Delay in filing claim application to be condoned.
III (2005) ACC
197 (Pat.)
Negligence : Indian Electricity Act,
1910 - Section 33 - Constitution of India, 1950 - Article
226 - Electrocution : Compensation : Maintainability of
W.P. : When there is negligence on face of it and infringement
of Article 21, no bar to proceed under Article 226 of
Constitution.
III (2005) ACC
197 (Pat.)
Negligence : Indian Electricity Act,
1910 - Section 33 - Constitution of India, 1950 - Article
226 - Electrocution : Notice : Information regarding negligence
to be given to Electricity Board : Fact that wire snapped
and fell on deceased not denied : Non-compliance of Section
33 would not disentitle claimant : Principle of res ipsa
loquitur would apply because of negligence on part of
Board that death occurred due to snapping of wire.
III (2005) ACC
21 (M.P.) (DB)
FIR : Negligence : Proof : Testimony
of eye-witness to occurrence of accident : It cannot be
rejected on ground that his name not mentioned in FIR
: Eye-witness deposed that accident was caused by jeep
driven rashly and negligently : No reason to disbelieve
statement of this witness : Conclusion to contrary recorded
by Tribunal set aside.
III (2005) ACC
213 (M.P.)
Contributory Negligence : Appellant-pillion
rider on motor cycle : He cannot be said to be responsible
for contributory negligence : Claims Tribunal committed
error of law in holding appellant also responsible for
accident and awarding only 2/3rd of compensation : Appellant
entitled to get total compensation from respondents.
III (2005) ACC
214 (Bom.)
Interest/Penalty : Workmen's Compensation
Act, 1923 - Section 4A(3) - Penalty : Liability of Insurance
Company : Insurance Company not liable to pay interest
or penalty as awarded by Commissioner when amount of compensation
not paid at prescribed time : Same may be recovered by
respondent-applicants from respondent Nos. 7 and 8 employers.
III (2005) ACC
216 (Raj.)
Compensation : Lumpsum amount should
not be granted as compensation, multiplier method must
be accepted for determining and ensuring payment of just
compensation as it brings uniformity and certainty to
awards made all over country.
III (2005) ACC
216 (Raj.)
Deduction : Compensation : Family pension
cannot be deducted while assessing compensation.
III (2005) ACC
216 (Raj.)
Multiplier : Deceased aged 60 years
at time of his death : Considering Second Schedule of
1988 Act as guideline, multiplier of 5 appropriate.
III (2005) ACC
218 (Mad.) (DB)
Appeal/Cross-Objection : Compensation
: Enhancement : No cross-objection in this appeal or independent
appeal praying for higher compensation filed before this
Court till this time : In absence of additional materials,
this Court not inclined to accede to this request.
III (2005) ACC
221 (Raj.)
Quantum Fatal of 10 Years : Quantum
: Compensation : Enhancement : Deceased aged 10 years
at time of death due to accident : Division Bench of this
Court and Supreme Court held in matters of death of child
due to accident, compensation of Rs. 1.5 lacs is reasonable
: Compensation awarded by Tribunal enhanced to Rs. 1.5
lacs.
III (2005) ACC
222 (Ori.) (DB)
Course of Employment : Workmen's Compensation
Act, 1923 - Sections 3 and 4(1)(a) - Compensation : Appointment
on job contract basis and not regular employee : Personal
injury sustained in accident arising out of and in course
of employment : Workmen's Compensation Act not applicable
: Petitioner entitled as an employee to compensation for
personal injury sustained by him under general principle
of law.
III (2005) ACC
232 (All.)
Interest : Railway Claims Tribunal
Act, 1987 - Section 13 - Interest on Accident Claim :
Award of interest on such claims is not matter of course
: Only when Tribunal finds that disposal of proceedings
was delayed on account of non-cooperation of opposite
party before it, that interest can be awarded : Award
of 9% interest not proper as application does not relate
to commercial transaction : Rate of interest reduced to
6% p.a.
III (2005) ACC
232 (All.)
Railways - Bona fide Passenger : Railways
Act, 1989 - Section 123(c)(2) - Bona fide Passenger :
Mere non-recovery of ticket from dead body of deceased
cannot be factor to record finding he was not bona fide
passenger.
III (2005) ACC
243 (A.P.)
Dependency/Income : Compensation :
Computation : Entire amount of salary received by deceased
to be taken into consideration for computing compensation
payable to claimants : If deceased was investing part
of his salary in some schemes, to keep him out of I.T.
liability, amount invested by him would be saving which
increases value of his estate, but that amount cannot
be treated as contribution to claimants, every month,
towards their maintenance.
III (2005) ACC
247 (Guj.)
Interest : Motor Vehicles Act, 1988
- Section 171 - Interest on Amount of Compensation : Claimants
deprived of compensation for 12 long years : Claimants
have legal right of restitution : They are entitled to
15% interest as directed by Tribunal : Insurance Company
under legal obligation to pay said interest upon awarded
amount from date of application till amount realised by
claimants.
III (2005) ACC
275 (Ker.) (DB)
Driving Licence : Motor Vehicles Act,
1988 - Section 14 - Driving Licence : Expiry : Continue
to be effective for period of 30 days from such expiry
: As on date of accident, said one month period not run
out : Licence, notwithstanding its expiry, effective as
on date of accident.
III (2005) ACC
277 (H.P.)
Dependency : Determination : Total
lack of evidence with regard to future prospects of deceased
: Government job : Age 30 : Unmarried : Salary over period
of time would have definitely increased : He would have
gained promotion : Only basic salary of Rs. 1,960/- proved
: Keeping in view future prospects and promotion figure
taken at Rs. 3,500/- p.m. : Dependency of mother fixed
at Rs. 1,500/- p.m.
III (2005) ACC
277 (H.P.)
Multiplier : Relevant considerations
: Multiplier to be fixed keeping in view age of mother
: She was above 55 years of age : Multiplier of 10 just
and reasonable.
III (2005) ACC
282 (Guj.) (DB)
Brothers/Legal Representative : Motor
Vehicles Act, 1988 - Sections 166, 163-A - Hindu Succession
Act, 1956 - Section 9 - L.Rs. of deceased : Compensation
: Entitlement : Brothers and nephews of deceased are L.Rs.
: In Hindu Succession Act, brother's son is Class II heir
: Claim petition maintainable.
III (2005) ACC
288 (A.P.)
Passenger/Pay and Recover : Motor Vehicles
Act, 1988 - Insurer's Liability : Terms and conditions
of Insurance Policy : Except driver and cleaner of vehicle,
no other person permitted to travel in vehicle : Deceased
who claims to be supervisor of lorry not covered by insurance
policy.
III (2005) ACC
290 (M.P.)
Negligence/Strict Liability : Constitution
of India 1950 - Articles 226, 21 - Writ Petition : Maintainability
: Tort : Electrocution : Boy aged 6 years came in contact
with hanging live electric wire : Writ petition maintainable
: Electricity Board liable to pay compensation to petitioner
on ground of negligence and on principle of strict liabilities.
III (2005) ACC
299 (Raj.)
Deduction/Family Pension : Loss of
Economic Dependency : Amount of family pension received
by widow of deceased cannot be deducted from amount of
loss of economic dependency calculated by Tribunal.
III (2005) ACC
301 (Guj.) (DB)
Appeal by Insurer : Motor Vehicles
Act, 1939 - Sections 110-C(2-A) - Motor Vehicles Act,
1988 - Section 149 - Defence of Insurance Company : Permission
to contest claim under Section 110-C (2-A) of 1939 Act
not obtained by Insurance Company : Challenge to quantum
not available defence under Section 149 of 1988 Act and
cannot be raised by appellant Insurance Company.
III (2005) ACC
301 (Guj.) (DB)
Choice of Forum : Motor Vehicles Act,
1939 - Section 110-AA - Workmen's Compensation Act, 1923
- Section 3(5) - Double jeopardy i.e., one under Motor
Vehicles Act and other under Workmen's Compensation Act
: Where claimant can avail one remedy against employer
under Workmen's Compensation Act, he is not debarred from
raising claiming compensation under Motor Vehicles Act,
1939 against tortfeasor.
III (2005) ACC
301 (Guj.) (DB)
Delay : Delay in filing claim petition
: Not because of claimants : They represented to this
Court on administrative side seeking direction to Claims
Tribunal to dispose of matter at early date : Claimants
cannot be held responsible for delay and entitled to interest
at the rate allowed by Tribunal.
III (2005) ACC
301 (Guj.) (DB)
Wages : Workmen's Compensation Act,
1923 - Section 2(m) : 'Wages' : Includes any privelage
or benefit capable of being estimated in terms of money.
III (2005) ACC
31 (M.P.) (FB)
Apportionment of Liability : Composite
Negligence : Joint tortfeasors : Apportionment of inter
se liability : Negligence of joint tortfeasors : Claimants
may plead owner, driver and Insurance Company of both
vehicles or any one of them : Both joint tortfeasors impleaded
as party and if there is sufficient material on record,
question of apportionment can be considered by Tribunal
: On general principles of law, there is no necessity
to apportion inter se liability of joint tortfeasors.
III (2005) ACC
314 (M.P.) (DB)
Power of Courts/Remand : Remand of
Case : Opportunity to examine I.O. : It does not amount
to filling up lacuna : If due to lack of proper legal
advice party is made to suffer, ends of justice would
not be met : It shall cause great financial loss to appellants.
III (2005) ACC
336 (M.P.)
Medical Negligence : Negligence on
part of Doctor in performing sterilization operation :
Compensation : Principles of determination : Physical
condition of plaintiff not good : Ligation method a well
recognized mode of sterilization was adopted : This method
used by Doctor in 100 of cases and there was no failure
of this mode : There were more than one recognized method
of sterilization and if Doctor chose one of them she cannot
be said to be negligent : Tubal sterilization failed after
6 years: No failure or negligence can be attributed to
Doctor.
III (2005) ACC
341 (Raj.)
Multiplier : Motor Vehicles Act, 1988
- Second Schedule : Multiplier : Age 15 years : Multiplier
is stated 15 : No difference in multiplier to be adopted
in case of death of boy or girl upto age of 15 years.
III (2005) ACC
341 (Raj.)
Quantum Fatal 15 Years : Motor Vehicles
Act, 1988 - Compensation : Income : Non-earning member
: Loss of economic dependency : Yearly income to be taken
Rs. 15,000/- : Enhanced compensation comes to Rs. 15000
x 15 = Rs. 2,25,000 - Rs. 90,000 = Rs. 1,35,000 : On this
enhanced amount appellants entitled to Interest @ 12%
p.a.
III (2005) ACC
343 (Guj.) (DB)
Appeal by Insurer : Motor Vehicles
Act, 1988 - Section 170 : Challenge by Insurance Company
: Insurance Company not sought permission under Section
170 of Act to contest claim on all available grounds :
Challenge without permission under Section 170 not permissible.
III (2005) ACC
343 (Guj.) (DB)
Multiplier : Deceased aged 23 years
at time of accident : Multiplier of 14 appropriate.
III (2005) ACC
351 (A.P.)
Insurance Policy : Motor Vehicles Act,
1988 - Section 147 - Insurance Policy : Appellant-Insurance
Company cannot be made liable for payment of compensation
taken after accident.
III (2005) ACC
40 (Ori.)
Cancellation of Policy/Premium : Motor
Vehicles Act, 1988 - Section 149(1) - Motor Insurance
Policy : Non-payment of balance premium : Liability of
Insurance Company : Insurance policy was valid and not
cancelled at any point of time due to non-payment of balance
premium : Even if policy would have been cancelled subsequently
for non-payment of balance premium, that would not have
exonerated insurer from indemnifying third party liability.
III (2005) ACC
43 (Ker.) (DB)
Premium : Mediclaim Insurance Policy:
Refusal to renew on same premium due to adverse claim
ratio: Enhanced premium not acceptable to insured: Expressions
'may' and 'mutual' used in Clause 5.9 show it is not mandatory
that policy should be renewed: Renewal by mutual consent
to equivalent to making new contract and Insurance Company
may consent to renew policy conditional upon increased
premium being paid or upon terms of contract otherwise
varied: Writ of mandamus cannot be issued against Insurance
Company so as to renew contract of insurance.
III (2005) ACC
60 (Raj.)
Charge-sheet : Insurance Certificate
: Photocopy not a genuine document : No documentary evidence
except photocopy of Insurance Certificate to prove ownership
of involved vehicle, produced by appellants, which is
found not genuine : Production of copy of charge-sheet
not substantive piece of evidence, its production alone
cannot be treated as evidence in claim petition.
III (2005) ACC
62 (P&H) (DB)
Breach of Policy Condition/Driving
Licence : Motor Vehicles Act, 1988 - Sections 149(2)(a)(ii)
- Driving Licence : Expiry of validity : Breach of condition
of driving licence not so fundamental as found to have
constituted to cause of accident : Appellant Insurance
Company would not be allowed to avoid its liability even
towards owner (insured) in respect of compensation amount
awarded to claimants.
III (2005) ACC
66 (A.P.)
Court Fee : Structures : Motor Vehicles
Act, 1988 - Sections 140 and 166 r/w Rule 455, Andhra
Pradesh Motor Vehicles Rules, 1989 - Constitution of India,
1950 - Article 227 - No Fault Liability : Interim award
: Object to provide immediate succour to bereaved family
: Non-disposal of such application by Claims Tribunal
on technical ground that regular petition not filed and
fee of Rs. 10/- as required under Rule 476(2) not paid
and application non est in law, while it was paid, held
deplorable and disgraceful : Such attitude on part of
Claims Tribunal of rank of District Judge deprecated :
Directions given to pass appropriate orders immediately.
III (2005) ACC
72 (Raj.)
Claim Petition/Parties : Accident involving
two vehicles : It is open to claimant to have filed claim
petition against both or either of vehicles.
III (2005) ACC
72 (Raj.)
Negligence : Duty of driver of vehicle
in which passenger was travelling to ensure adequate distance
maintained between vehicles in which passenger travelling
and vehicle approaching from opposite direction : Failure
to do so would amount to negligence and lack of due care
and precaution : Driver of vehicle cannot be absolved
of liability in such case.
III (2005) ACC
75 (Kar.)
Additional Evidence : Motor Vehicles
Act, 1988 - Sections 170 and 173 - Civil Procedure Code,
1908 - Order 41 Rule 22 - Appeal and cross-objections
of insurer and insured restricted to quantum of compensation
: M.A.C.T. failed to evaluate medical evidence in order
to arrive at just compensation : Claimant seeks to adduce
additional evidence by producing certain document : Judgments
and award set aside and proceedings remitted to M.A.C.T.
for fresh consideration of case on question of quantum
of compensation.
III (2005) ACC
89 (Utta.) (DB)
Breach of Policy Condition : Motor
Vehicles Act, 1988 - Section 149(2)(a)(ii) : Insurance
Policy : Violation of terms and conditions of insurance
policy and validity of driving licence : Burden of proof
lies upon Insurance Company : Liability of Insurance Company
towards third party does not get avoided.
III (2005) ACC
89 (Utta.) (DB)
Breach of Policy Condition : Motor
Insurance : Breach of Policy : Overloading : Bus comprehensively
insured with appellant for third party insurance : Appellant
bound to pay compensation to passengers travelling by
bus.
III (2005) ACC
9 (A.P.)
Goods Vehicle/Gratuitous Passenger
: Motor Vehicles Act, 1988 - Sections 147(1)(b)(i), 2(13)
: Goods Vehicle : Liability of Insurance Company : Deceased
boarded offending vehicle as passenger with several others
along with his goods i.e. vegetable bags : Number, volume
and weight of bags not mentioned by claimants : One or
two bags which could be carried in bus or train do not
require goods vehicle would not constitute goods under
Section 2(13) : Deceased not covered within policy and
Insurance Company not liable : More than 7 persons were
in lorry at time of accident, which is also contrary to
Rule 252 of Andhra Pradesh Motor Vehicles Rules : Tribunal
exonerating respondent No. 2 from its liability cannot
be said to be erroneous.
III (2005) ACC
96 (Ori.) (DB)
Driving Licence/Tractor : Motor Vehicle
: Grant of Licence : Trailer attached to tractor : Licence
to drive tractor does not become ineffective.
III (2005) ACC
96 (Ori.) (DB)
Lok Adalat : Claim Petition : Extent
of dependency not deposed : No finding by Commissioner
given : Claim petition filed in 2000 and four years already
passed : Remitting back matter to Commissioner will cause
undue hardship and harassment to claimants : In Lok Adalat
spirit and in absence of any material to show extent of
dependency, compensation of Rs. 1,00,000/- will be just.
III (2005) ACC
98 (Kar.)
Appeal/Ex parte : Workmen's Compensation
Act, 1923 - Setting aside ex parte award : In case of
adverse order under Order 9 Rule 13, C.P.C., only course
open to party is to prefer appeal against award awarding
compensation in terms of Section 30 of Act.
II (2005)
ACC 449 (A.P.)
Amendment : Limitation in filing application
for compensation : Motor Vehicles Act is beneficial legislation
: Provisions of Limitation Act not applicable.
II (2005) ACC
888 (J&K)
Appeal By Insurer : Compensation :
Quantum : Insurer cannot challenge quantum of compensation.
II (2005) ACC
751 (Mad.)
Torts : Indian Courts more generous
in awarding damages for mental suffering than foreign
Courts.
II (2005) ACC 438 (Kar.)
Course of Employment : Personal injury
suffered by workman unexpectedly or suddenly can be attributed
to work undertaken by workman.
II (2005) ACC
495 (P&H)
Deductions (Family Pension) : Quantum
: Family pension received by claimants : Not be deducted.
II (2005) ACC
545 (M.P.)
Evidence : Income tax return : Filed
on behalf of deceased, after his death : Showing higher
income : Not relevant piece of evidence.
II (2005) ACC
258 (Utta.)
Interest : Rate of interest of 12%
should be imposed only if appellant failed to deposit
amount of compensation within time allowed.
II (2005) ACC
678 (Bom.)
Legal Representative : No express definition
under Motor Vehicles Act : Provision of C.P.C. available
guideline.
II (2005) ACC
888 (J&K)
Light Motor Vehicle : Swaraj Mazda
is light motor vehicle.
II (2005) ACC
300 (Raj.)
Limitation : Law of limitation shall
not come in way while deciding claim petition.
II (2005) ACC
807 (Raj.)
Limits of Liability : Compulsory insurance
of Third Party Risk : Purpose : To mitigate hardship of
sufferer.
II (2005) ACC
434 (J&K)
Medical Reimbursement : Award : Compensation
from employer is under contract of service whereas Insurance
Company is to pay under contract of insurance.
II (2005) ACC
233 (Raj.)
Negligence Contributory : Passenger
travelling on roof of bus : Said passenger not guilty
of contributory act.
II (2005) ACC
615 (Ori.)
Railway Crossing : Contributory Negligence
: Deceased negligent : Driving car near unmanned railway
gate : Compensation reduced.
II (2005) ACC
678 (Bom.)
Re-Marriage : Compensation : Right
of widow cannot be curtailed only because she married
later on.
II (2005) ACC
837 (J&K)
Workman : Lineman, permanent Government
employee is workman.
