appeals arise from an application
seeking impleadment being rejected by the Motor Accident
Claims Tribunal, Barnala and affirmation of the same in Civil
Revision ... fallen into error by affirming the order passed
by the Motor Accident Claims Tribunal, Barnala,
which has declined to implead the State of Punjab
holding that the driver of the fiat car, which met with the
accident resulting in death of five persons travelling in the said ... committed contributory negligence to the extent of 50%.
The Motor Accident Claims Tribunal (AUX, V) Ahmedabad (Rural) at
Mirzapur, Ahmedabad, while deciding
preferred by the
appellant herein. Be it stated, the Additional Member, Motor
Accident Claims Tribunal, Indore had awarded Rs.1,75,000/- in
Claim Case ... borrower failed to
or neglected to get the vehicle insured. The accident as stated
earlier had taken place on 20.12.2002 and the vehicle was
insured
fallen into error by affirming the order passed by the Motor
Accident Claims Tribunal, Barnala, which has declined to implead
the State of Punjab ... deceased
- a sole bread earner of the family had died in an accident.
Signature Not Verified
It is
Digitally signed by
CHETAN KUMAR
Date
learned Single Judge has dislodged the
findings recorded by the Motor Accident Claims Tribunal, Sagar,
Madhya Pradesh whereby the Tribunal had fastened the liability ... Amit Kumar, learned counsel for the
Reason:
appellants that the accident took place because of the rash and
2
negligent driving of the tractor
filed by the appellants
and confirmed the award passed by the Motor Accident Claims
Tribunal No.VII, Bizapur (Vijyapur), determining the compensation
amount ... Tribunal after analysing the evidence has held that the
2
accident occurred on 23.08.2013 resulting in death of Santosh who
was riding motorcycle bearing
omission of ‘city network’ in Section 11(e)
(ii) is only accidental, and if the provisions of the Act
11
are read as a whole ... network and, therefore,
the stand of the appellant that there is an
accidental omission is unacceptable because the
intention of the legislature is absolutely clear
contended that the respondent was quite young at the time the
accident took place and it may be an act of negligence, but the
contributory ... chance
thinking that a rash driving need not necessarily cause
any accident; or even if any accident occurs it need not
necessarily result
short, 'the 1948 Act'), and (ii) the accident
did not occur during course of his employment as the death
took place ... work place. The labour Court framed two principal
issues, namely, whether the accident had occurred during
course of employment of the deceased-employee, and whether
Insurance Company has submitted that the employer had taken a
Group Personal Accident Claim policy in respect of the
CA 3784/15
2
deceased from ... Company
Limited. The said communication is to the following extent:-
“Sub: Personal Accident Claim - Death of Employee
of AXA Group Solutions Private Limited - Girish
Yadav
