Allahabad Court July 1985 Judgments
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Oriental Fire and General Insurance Co. Ltd. and anr. Vs. Raj Kishore ...
Court: Allahabad
Decided on: Jul-10-1985
Reported in: [1987]61CompCas741(All)
B.D. Agrawal, J. 1. These connected appeals are directed against an award of the Motor Accidents Claims Tribunal (IVth Additional District Judge), Farrukhabad. 2. The accident took place on October 20, 1972, around 9 p.m. Ram Babu Misra was asleep on his chabutra facing the house. Truck No. UPV 1833 belonging to Khushi Ram Rameshwar Dayal, it is alleged,, dashed against the claimant whereby he received grievous injury. This led ultimately to the amputation of his left leg. The claimant was aged about 16 years at the relevant time. Loss to property was also caused as a direct result of the accident. The Tribunal has, upon consideration of the evidence, reached the finding that the accident occurred due to rash and negligent driving by Miraj Mohammad, the driver of the truck, and that the liability of the owner of the truck and the Oriental Fire and General Insurance Co. Ltd., with which the truck was insured, has been assessed at Rs. 25,000 so far as the injury to the person is concerne...
U.P. State Road Transport Corporation Vs. Bimla Devi and ors.
Court: Allahabad
Decided on: Jul-10-1985
Reported in: 2(1985)ACC465
B.D. Agarwal, J.1. The accident took place on 6th of December, 1975 around 6.00 p m. The deceased Prithvi Pal Singh, aged about 30 years, was a teacher in village Dehni. As usual he was on way back to his residence in village Alalpur on a cycle. Bus No. U.S.A. 8222 belonging to the U.P. State Road Transport Corporation, driven by D.W. 1 Bhagwan Singh, dashed against Prithvi Pal Singh whereby he was thrown on the eastern patri of the road and sustained injuries, due to which he succumbed shortly afterwards. Motor Accident claims Petition, giving rise to this appeal, was filed thereafter Under Section 110-A of the Motor Vehicles Act containing the allegations that the accident took place on account of rash and negligent driving by Bhagwan Singh, the driver of the bus in ques ion. In defence it was refuted that the driver had been negligent. A plea was taken that Prithvi Pal Singh, who was coming on a cycle from the opposite direction, took a surpoise turn to cross the road which led the ...
Oriental Fire and General Insurance Co. Ltd. and anr. Vs. Raj Kishore ...
Court: Allahabad
Decided on: Jul-10-1985
Reported in: 2(1985)ACC548
B.D. Agrawal, J.1. These connected appeals are directed against an award of the Motor Accidents Claims Tribunal (IV Additional District Judge), Farrukhabad.2. The accident took place on October 20, 1972, around 9 p m. Ram Babu Misra was a sleep on his Chabutra facing the house. Truck No. UPV 1833 belonging to Khushi Ram Rameshwar Dayal, it is alleged, dashed against the claimant whereby he received grievous injury. This led ultimately to the imputation of his left leg. The claimant was aged about 16 years at the relevant time. Loss to property was also caused as a direct result of the accident. The Tribunal has, up on consideration of the evidence, reached the finding that the accident occurred due to rash and negligent driving by Miraj Mohammad, the driver of the truck, and that the liability of the owner of the truck and the Oriential Fire & General Insurance Co. (L.), with which the truck was insured, has been assessed at Rs. 25,000/- so far as the injury to the person is concerned....
New India Assurance Co. Ltd. Vs. Mst. Saira and ors.
Court: Allahabad
Decided on: Jul-09-1985
Reported in: [1987]61CompCas718(All)
B.D. Agrawal, J. 1. These appeals arise against the award of the Motor Accidents Claims Tribunal (Ilnd Additional District Judge), Bijnor, dated September 17, 1977.Facts relevant for the purpose of these appeals lie within a narrow compass. The accident occurred on June 21, 1972. Bus No. UPN 3345 belonging to Irshad Ali and driven by his driver, Mohd. Ibrahim, dashed against tempo No. USH 5645 of which Hazi Abdul Wadood was the proprietor. This took place near village Dewanpura, District Bijnor. The bus was insured with M/s. New India Assurance Co. Ltd. (hereinafter referred to as ' the appellant.'). Further details relevant to these appeals are as under: (i) First Appeal From Order No. 564 of 1977 : Abdul Wasey and Jamil-ud-Din received injuries. The former succumbed to the same ; the latter had a fracture in the hand. The compensation awarded to both of them by the Tribunal is Rs. 90,000. (ii) First Appeal From Order No. 565 of 1977 : Death occurred of Zulfeqar Ahmed, another pass...
New India Assurance Co. Ltd. Vs. Saira and ors.
Court: Allahabad
Decided on: Jul-09-1985
Reported in: 2(1985)ACC429
B.D. Agarwal, J.1. These appeals arise against the award of the Motor Accidents claims Tribunal (II Additional District Judge), Bijnor dated September 17, 1977.2. Facts relevant for purpose of these appeals lie within a narrow compass. The accident occurred on June 21, 1972. Bus No. UPN 3345 belonging to Irshad Ali and driven by his driver Mohd. Ibrahim dashed against Tempo No. USH 5645 of which Hazi Abdul Wadood was the proprietor. This took place near near village Dewanpura, district Bijnor. The Bus was insured with with M/s. New India Assurance Company Private Ltd. (hereinafter referred to as the appellant). Further details relevant to these appeals are as under:(i) First Appeal From Order No. 564 of 1977: Abdul Wasey and Jamil-ud-Din received injuries. The former succumbed to the same; the latter had a fracture in the hand. The compensation awarded to both of them by the Tribunal is Rs. 90,000/-.(ii) First Appeal From Order No. 565 of 1977: Death occurred of Zulferqar Ahmed, anothe...
Smt. Gomti Devi Banarsi Das Vaid Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jul-01-1985
Reported in: (1985)13ITD729(All.)
1. These two appeals before us are restored matters resulting from the Tribunal's order dated 13-1-1984 by which the assessee's Misc.Application No. 115 (All.) of 1982 came to be accepted and the ex parte order dismissing the assessee's appeals for 1974-75 and 1975-76 came to be recalled.2. To have a clear picture, we must necessarily state some facts and which are that the assessee had filed eight appeals on 29-9-1980, which were consecutively numbered as IT Appeal Nos. 1805 to 1812 (All.) of 1980. The said appeals were fixed for hearing on 30-4-1981 in pursuance to a notice sent to the parties on 13-4-1981, which was served on the assessee on 20-4-1981. On 28-4-1981, the assessee sent a telegram requesting for adjournment of the appeals on the ground that all its trustees had gone out of station. Such telegram was received in the registry of the Tribunal on 30-4-1981, i.e., on the date of the hearing. The Bench on the basis of the said telegraphic request adjourned the appeals to 4-...
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