Court : Allahabad
Reported in : I(2003)ACC85; 2002ACJ1470; 2002(2)AWC1214
..... learned counsel representing the respondents has argued that under the motor vehicles act, 1988, there is no provision conferring power to the motor accident claims tribunal to review its award already awarded. ..... by means of present writ petition under article 226 of the constitution of india, the petitioners have challenged the order dated 23.2.1996, annexure-1 to the writ petition, passed by motor accident claims tribunal/viith additional district judge. ..... that the motor accident claims tribunal, ghaziabad (which shall hereinafter be referred to as tribunal'), passed an ex parte order on 13.11.1992 in m.a.c.t. ..... 'rule 21, referred to above, clearlyprovides that the provisions of rules9 to 13 and rules 15 to 33 of order ixof code of civil procedure has beenmade applicable with regard to the proceedings of motor accident claim. ..... motor accident claims tribunal rules, 1967. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All266
..... when the claims commissioner found that the claimants in the present cases had suffered pain and suffering because of the injuries received on account of railway accident and awarded compensation therefor, he did no more than exercise the powers conferred upon him by the statute and the rules. ..... ojha, made an application for compensation under section 82-c of the act claiming that he was one of the injured persons and alleging that in consequence of the accident he had received bodily injuries and that he had to be) treated in the hospital for a number of days. ..... 82-a of the act provides for compensation payable by the railway administration in the event of a railway accident :--'for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss. ..... 1969 the 6 down allahabad-gorakhpur express met with an accident resulting in the death of some persons and injuries to ..... ol 1970, which arises out of proceedings in respect of the same railway accident, the first respondent mool chand. ..... it is the railway accident which is the immediate cause of the injury, and if it can be established, as it has been found in the present case, that the loss of currency notes was due to the railway accident, clearly compensation is payable ..... section 82-a speaks of railway accident by collision between trains in all cases, whether or not there has been any wrongful ..... it is the railway accident which produces the death or injury for which compensation becomes .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All342
..... shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passengers and accompanying the passenger in his compartment or on the train, sustained as a result of such ..... , being either a collision between trains of which one is a train carrying passengers or the derailment of or other accidents to a train or any part of a train carrying passengers, then, whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a person who has been injured or ..... provided that where more than one injury is caused by the same accident compensation khali be payable in respect of each injury but so that the aggregate amount of compensation does not exceed the amount which would have been payable if a total disablement had resulted from such injuries: provided ..... on the night between the 20th and 21st june, 1969, 6-down allahabad-gorakhpur express train met with an accident between jakhanian and dulahpur railway stations. ..... section 82-a of the railways act provides for liability of railway administration in respect of accidents to trains carrying passengers. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002ACJ2034; 2000(3)AWC1921
..... against the order dated 6.8.1994 passed by the district judge, ghazipur, acting as motor accident claims tribunal, rejecting the application of the appellant under order ix. ..... are applicable to the motor accident claims tribunal and therefore, remedy of appeal provided under c.p.c. ..... 31 of 1989 in the court of motor accident claims tribunal /district judge. ..... bigni devi in a motor accident, which took place on 5.5.1989 at 1.00 p.m. ..... motor vehicles rules, 1998 as well as rule 21 of the accident claims tribunal(u. p. ..... 2 filed motor accident claim pelition no. ..... in respect of a proceeding arising out of motor accident claims.15. .....
Tag this Judgment!Court : Allahabad
Reported in : I(2001)ACC139; 2001ACJ332; 2000(4)AWC2801
..... empowers the appellate court to pass such decree as may be passed even though the respondents might not have filed any appeal or cross-objection against the impugned order of motor accident claims tribunal, as the appeals against the order of the tribunal judge lie before the high court under section 110-d of the motor vehicles act, 1939. ..... the learned tribunal on considering the evidence of munna (p.w.4), man bahadur driver of the truck and the above report concluded that accident took place due to rash and negligent act of the driver of the truck. ..... 1981 acj 507 (sc), heldthat the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation, takes a sting out of the laws of compensation and added to that the monstrous inflation and the compensation demanded years ago less than quarter of its value when it ..... -section (2) of section 94 of the act as amended by act 47 of1982, with effect from 1.10.1982 says that subject to the proviso to subsection (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely :(a) where the vehicle is a goods vehicle, a limit of rs. ..... 4583 due to rash and negligent act of the driver and the deceased was employed as labourer of the appellant at the time of accident and that there was no negligence on the part of deceased. ..... idris, a boy of 17 years old in a motor accident with the allegations that the deceased was a labourer and was working with .....
Tag this Judgment!Court : Allahabad
Reported in : 1991ACJ225; AIR1991All43
..... the claimants had filed the judgment in a cirminal case started against the driver of the bus with relation to accident in question, and in that case the driver javed khan had admitted his guilt and later on convicted under ..... these two appeals have arisen against the judgment and order of imotor accident claims tribunal, bijnor, allowing the claim of respondents and directing the two appellants to pay ..... case the vehicle which had the last opportunity to avoid accident was held liable to the extent of 40% only.9. ..... urged that had the taxi driver waited or slowed down while approaching road intersection, then the accident would not have taken place. ..... rule 21 of the accident claims tribunal rules, uttar pradesh provides the extent to which the code of civil procedure may apply in cases pending before the accident claims tribunal as it is a ..... devi, 1985 (2) accident claims cases 158 ..... in the case 1974 accident cases journal 458 the deceased was loading his rera with grass when the truck proceeding on the (sic) who had suddenly come on ..... the evidence led before him the learned tribunal judge came to the conclusion that both the drivers of the bus, and taxi were negligent in driving their vehicles at the crossing where the accident in, question took place. ..... 7 that the accident could have been ..... judge had held in the concluding paragraph 10 of his judgment that the drivers of both the vehicles were rashly and negligently driving their vehicles and both of them should be held liable for accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1992ACJ993; AIR1992All233
..... under order 9rule 7 of the code of civil procedure, 1908,(for short the code), is the short but significant question that falls for determination inthis civil revision filed by opposite parties(the defendant) in a motor accident claimpreferred by opposite parties 1 to 6 against theapplicant, the owner of the vehicle andopposite party no. 7. 2. ..... whether a motor accident claims tribunal constituted u/s. ..... motor accident claims tribunal rules, 1967, (for short the rules), they would continue to apply till the new rules were framed and under rule 21 the provisions of the code, particularly order 9 has been made ..... 2 died in an accident caused by the truck belonging to applicant. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3322
..... , a photostat copy of the certified copy of which has been filed by the respondent, in which it was held that the orders passed by the district judge/additional district judge passed as motor accident claims tribunal will be amenable to revislonal jurisdiction of the high court under section 115 of the code of civil procedure. ..... motor accident claims tribunal rules, 1967. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000ACJ435; 1999(2)AWC1659
..... before the omission, subsection (3) provided as follows :'no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident :provided that the claims tribunal may entertain the application after the expiry of the said period of six months but not later than twelve months if it is satisfied that the ..... of dhannalal (supra), a submission was made before the apex court that the 'sword of liability of paying compensation in respect of accident caused by motor vehicle should not be permitted to hover on the head of the person owning the said vehicle and person driving such ..... is to be found in the same decision of the apex court in which an example was given to explain the matter, which is as follows :'suppose an accident had taken place two years before 14.11.1994 when sub-section (3) was omitted from section 166. ..... now the moot point for consideration is whether the claim petitions filed in respect of the fatal accident which had taken place in the year 1991 can be maintained after the expiry of the period ..... of the state that the amending act of 1994 is prospective in operation and cannot be applied in respect of the accident which had taken place prior to 14.11.1994, the date on which subsection (3) came to be deleted. ..... realised the grave injustice and injury which was being caused to the heirs and legal representatives of the victims who died in accidents by rejecting their claim petitions only on the ground of limitation. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC211
..... however, in the facts of the present case it is provided that any amount paid by the petitioner in terms of the award of the motor accident claims tribunal if found to be part of liability apportioned to the uttaranchal state road transport corporation, it shall be open to the petitioners to seek recovery of the amount paid in accordance with law, from the uttaranchal state road transport ..... it is not in dispute that at the time the vehicle met with the accident the same was exclusively the property of the u.p. ..... 29/1190 which was involved in the accident giving rise to the claim petition, belonged to a depot which is now within the territorial limits of the state of uttaranchal, hence the liability to pay compensation for the accident involving the said vehicle, on the formation of the uttaranchal state road transport corporation is of the uttaranchal state road transport corporation only. ..... it is admitted that the award of the motor accident claims tribunal dated 19.12.2003 has not been subjected to challenge and has become final between the parties. ..... state road transport corporation, lucknow through its regional manager has filed this writ petition with the prayer that the order dated 03.07.2004 passed by the motor accident claims tribunal, ghaziabad in execution case no. ..... 76 of 2003 before the motor accident claim tribunal, ghaziabad claiming compensation due to the death of one rakesh because of rash and negligent driving of the corporation's bus.4. .....
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