Court : Allahabad
Reported in : 2(1988)ACC184
..... nature specified in sub-section (1) of section 110 may be made-(a) by the person who has sustained the injury; or(b) by the owner of the property; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased.provided that, where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for ..... from the evidence of the two sides, it is clear that the accident did not occur due to the negligent driving of the bus. ..... in these circumstances, we find ourselves in complete agreement with the view of the tribunal that the accident did not occur due to the negligence of the driver. ..... the first point to be considered is whether the accident was the result of rash and negligent driving by the driver ..... 100000/- under section 110-a of the motor vehicles act for the accident which resulted in the death of bachchi singh. ..... the defendants alleged that the accident did not take place due to the rash or careless driving ..... passengers received injuries and in that accident bachchi singh was seriously injured. ..... from malla ramgarh, it met with an accident and fell into the khad. ..... the appellants asserted that the accident occurred due to the rash and negligent driving of the bus by kishan singh ..... the present case, the driver did his best to avoid the accident but he did not succeed. ..... according to devi datt (dw 1), the accident took place near the turn and he had seen a cow on the .....
Tag this Judgment!Court : Allahabad
Reported in : II(1987)ACC457
..... he submitted that even if there was no direct evidence involving the bus, the accident as was found at the spot should have been held on the basis of the circumstantial evidence, to have taken place due to the negligence of both of them ..... driver of the bus turned the vehicle towards left on seeing the vehicle in order to save the accident, but as the tempo was being driven negligently, it collided with the bus.8. ..... 000/- as compensation, as against the roadways and the owner of the tempo by assorting that the accident resulted due to the negligence of the drivers of the tempo as well as the bus.2. ..... he took us through the evidence of the parties and contended that the accident occurred due to the negligence of the drivers of the bus as well as the tempo and, therefore, the tribunal should have found both of them guilty of composite negligence and awarded compensation against both ..... dw-1 amardev stated that he was a passenger in the tempo at the time of the accident, and that the bus was being driven rashly, whereas onkar singh was driving the tempo at the speed of 25 to 30 ..... in the instant case, there is overwhelming evidence that the accident took place due to the sole and exclusive negligence of the tempo ..... owner of the tempo, we have already noted above, tried to prove that the accident resulted due to the sole negligence of the bus driver.7. ..... gajraj singh and albel singh stated that the accident had occurred due to rash and negligent driving of both, the drivers of the tempo and the .....
Tag this Judgment!Court : Allahabad
Reported in : 13Ind.Cas.417
..... much is common case, and beyond all question, namely that the immediate cause of the accident was the running of two trains in opposite directions between ghaziabad and dasna which unfortunately collided. ..... the result of the inquiry as to the complaint of failure to work the tablet instrument before the accident resulted in his favour, and, as we have stated, the instrument used at dasna was in perfect working order and is an instrument generally recognized as being safe and ..... is also proved in cross-examination (to which no exception was taken) that before the accident sunder lal was examined and found capable of working the instrument. ..... even if we were to assume for a moment that the accident was due to the neglect of sunder lal rather than the neglect of one of the officials at ghaziabad, the neglect would be the neglect of a servant in common employment with the plaintiff and the defendant would not ..... there was also evidence that since the accident the oadh and rohilkhand railway have dis3ontinuod the use of the tyre's patent tablet ..... plunkett stated that he found sometime before the accident that sunder lal had not learnt the beats of the tablet instrument by ..... says 'it is not known even now that the accident was due to any defect in the instrument. ..... must be admitted that there was neglect somewhere as the cause of the accident which happened on the 6th of may 1908. ..... is not shown at all that there was any defect in the instrument, far less that the accident was due to any such defect. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC382
..... the first appeal has been preferred by jeodhan rai against the order dated 20th march, 1979 passed by the motor accident claims tribunal/iii additional district judge, gorakhpur dismissing the claim of the appellant for compensation under the motor vehicles act.2. ..... the other contradiction pointed out by the tribunal was that whereas the appellant had stated in its deposition that there were three or four shops at the place of the accident, barrister rai had stated that there were no shops at that place. ..... what he had stated was that at the place where the accident had taken place there were no shops except shop of a tailor, a person mending charis and one or two shops of tea vendors. ..... out certain alleged contradictions in the statement of the appellant and barrister rai the tribunal came to the conclusion that barrister rai does not appear to have been present on the spot at the time of the accident at all and consequently his statement was not worthy of credence. ..... as seen above, the case of the appellant was that at the time of accident his nephew barrister rai was also accompanying him. ..... the tribunal also recorded a categorical finding in favour of the appellant that it was fully established that on 28th december, 1976 the appellant had met an accident with a tractor which resulted in his injuries. ..... a perusal of the statements of the appellant and barrister rai as also of the two doctors referred to above, we are clear in our mind that the accident had taken place with tractor no. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2000; (1999)ILLJ1350All
..... the moment a workman left point b in a boat or left point a but had not yet reached point b, he could not be said to be in the course of his employment and any accident happening to him on the journey between these two points could not be said to have arisen out of and in the course of his employment. ..... it was urged that no personal injury was caused to late sarveshwar dutt on account of the accident arising out of and in the course of his employment and that the commissioner who has decided the case, has wrongly held that the employer is liable to pay compensation as the death of the workman had ..... (i) that it is the workman who has suffered personal injury: (ii) that the personal injury should be on account of an accident, and (iii) that the accident should arise out of and in the course of employment of the workman. ..... t have no hesitation in recording a finding that the death of late sarveshwar dutt had not occurred as result of accident 'arising out of and in the course of employment1 in saudi arabia. ..... it was required to be proved that the death had occurred in an accident which arose out of and in the course of employment of the workman, meaning thereby, it should be proved that it was a case of 'employment death' ..... in that case, the respondent--francis de costa met with an accident while he was on his way to his place of employment, a factory at ..... of the questions that came up for consideration was whether the accident had taken place in thecourse of the employment of the workers. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1988)ACC185
..... the pecuniarydamages are generally awarded in order to make good the pecuniary loss to which the claimant may have been put to on account of the accident and are capable of being computed in terms of money generally this kindof damages can be sub-divided into (1) towards medical expenses, expenses over special diet prescribed and the cost of nursing or attendant, (2) any loss ..... the falsity of his statement is also established from the fact that according to him the road at the site of the accident was running north-south and the tree with which the bus struck, according to him, was situated to the west of ..... may be mentioned that all the children travelling along with this claimant at the time of the accident were minors and out of five, four were injured, the only exception being his daughter ragini ..... the learned counsel for this claimant has urged that the manner in which the accident took place and the children accompanying him had been badly injured must have caused a serious shock ..... on a consideration of the entire evidence on the record, there is no room for doubt in holding that the accident was caused on account of the rash and negligent driving by the driver of the offending bus and that the claimants would be entitled to compensation for any injury received by them as a consequence ..... these are the broad outlines within which claim for compensation due to motor accident has to be considered and this has been so laid down in a division bench decision of this court insushila .....
Tag this Judgment!Court : Allahabad
Reported in : II(2007)ACC853; 2008ACJ1133; 2006(2)AWC1855
..... or class of persons entitled to drive stage carriage/ contract carriage/ private service vehicle:.goods carriage;-any person, including insured:provided that a person driving holds an effective driving licence at the time of the accident and is not disqualified from holding or obtaining such a licence.provided also that the person holding an effective learner's licence may also drive the vehicle when not used for transport of goods at the time ..... cannot be fastened with the liability and a driver holding learner's licence cannot be regarded as a person having effective driving licence and in case the insurance policy makes it clear that in the event of an accident the insurer will be liable provided the vehicle was driven by a person holding valid driving licence or a permanent driving licence other than a learner licence, it cannot be fastened with any liability to indemnify the owner.13. ..... appellant who took the defence that he himself was driving the vehicle and when it was found that he himself did not have the valid driving licence on the date of the accident, he changed his version and brought the story of the vehicle being driven by one phool chandra tiwari, driver, who was also found not having valid driving licence. ..... from order has been filed by the insured (owner of the vehicle) against the award dated 21.12.2005, passed by the motor accident claims tribunal (hereinafter called the tribunal), wherein the tribunal has awarded compensation to the claimants to the tune of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : I(2003)ACC629; 2003ACJ1274; 2003(1)AWC556
..... sinha, learned counsel for the appellant, has vehemently urged that the insurance policy of the truck contained a clause that the insurance company will be liable to satisfy the award only if at the time of accident, it was being driven by a person, who was duly licensed and since the appellant-insurance company had taken a specific plea in the written statement filed by it that the driver of the truck was not duly ..... we are, however, of the opinion that having regard to the object for which chapters xi and xii of the motor vehicles act were enacted and the conditions under which victims of road accidents are placed in this country, it will not be proper course of action to just allow the appeal and set aside the award of the tribunal rendering the claimant helpless. ..... in paragraphs 31 to 33 of the written statement, it was pleaded that without admitting involvement of the insured vehicle in the alleged accident and any liability thereto, the insured illegally entrusted the truck to a person, who did not hold a valid and effective driving licence and the insured knowingly and intentionally committed beach of terms of conditions of ..... if the owner is held liable to pay compensation where there is breach of specified condition of policy, it may act as a deterrent and he may also take effective measures to prevent accidents, by having a mechanically sound vehicle which is not overloaded and a duly licensed and competent driver.32. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1996)ACC607
..... own use or rented under a scheme under section 75 of the act, insurance company cannot refuse to pay the compensation even if the said vehicle at the time of the accident was being driven by a person, who was holding a driving licence to drive a private car and was not holding a driving licence to drive a taxi;2. ..... sustained for three reasons, namely, (i) once the vehicle has been insured the claim of the victims of the accident or their heirs or legal representatives cannot be defeated on the ground that the insurance policy was issued under some bonafide ..... when the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependents on the one hand and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by him by way ..... as a private car and was being used as a private car at the time of the accident, the company cannot avoid its liability to pay the compensation if the person holding a driving licence todrive a private carwasdrivingit.it is admitted that the deceased parag gupta, who was driving the car at the time of the accident, was holding an effective driving licence to drive a car.deceased was thus entitled to drive the ..... was issued under some mistake nor can it defeat the claim on the ground that the vehicle was registered as a taxi and at the time of the accident it was being driven by a person, who did not hold a driving licence to drive a taxi. .....
Tag this Judgment!Court : Allahabad
Reported in : I(2003)ACC4; 2003ACJ337; 2003(3)AWC1912
..... , 2.5.1992 section 166(3) provided : '166(3) 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 applicant ..... wisdom the parliament rightly thought that prescribing as period of limitation and restricting the power of tribunal to entertain any claim petition beyond the period of twelve months from the date of the accident was harsh, inequitable and in many cases was likely to cause injustice to the claimants. ..... present case itself the applicant claims that he met with the accident on 4.12.1990 and he was being treated as an indoor patient ..... before the apex court were that the appellant met with an accident on 4.12.1990 and the application was filed for compensation on 7.12. ..... the relevant date for determination is the dale of accident and not the date of adjudication of the claim. ..... parliament realised the grave injustice and injury which was being caused to the heirs and legal representatives of the victims who died in accident by rejecting their claim petitions only on ground of limitation. ..... barred by time and the motor accident claims tribunal has rightly decided issue ..... the petitioner in which plea was taken that application having been filed after nine years of the alleged accident, is not maintainable as being barred by limitation. .....
Tag this Judgment!