Court : Allahabad
Reported in : AIR1985All124
..... the legislature has enacted section 110-aa to bar two claims being made by the claimant for the same accident.section 110-aa gives a choice to the claimant to make a claim before one of the two forums but ..... apart from sickness benefit, maternity benefit, disablement benefit and also in respect of accidents happening while acting in breach of regulations or travelling in employer's transport or while meeting emergency and also because ..... the latter act, consequently, a claim for compensation arising out of an accident with a motor vehicle could be made as also a claim under the compensation ..... the tort-feasor is liable to pay compensation as awarded by the motor accidents claims tribunal on a finding that there was a rash and negligent act on the part of the driver ..... compensation may be claimed only once in respect of the same accident, even though it may be prayed for before several forums. ..... possible nor permissible in accordance with the canons of interpretation to stretch the language of section 110-a a to hold that where the claim is made against two different persons, may be arising out of the same accident, the bar of section 110-aa could not operate. ..... whether he files the claim before the accidents claims tribunal or before the commissioner under the compensation act, will ..... real intention of the lawmakers that the tort-feasor should not be made to pay compensation, say in a case where the bread winner of the family dies in a motor accident leaving his entire family a destitute? .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC282
..... counsel for the appellants did not dispute the finding that the claimant met with an accident and received injuries due to the rash and negligent driving of oil tanker number u.p.g ..... 485, a boy aged 15 years received multiple injuries in the course of the accident and his right leg was fractured and he was limbing on account of shortening of the ..... loss of agriculture is concerned, there is no evidence to show as to what was the income of the claimant from the agricultural land in the year prior to the accident, what was the income in the year of the accident and what income could be expected in future. ..... district kanpur, claimant shiv shanker singh rathor met with an accident while he was coming to kanpur on motor cycle upc ..... 37 years old at the time of the accident and his life expectancy was fixed at 60 ..... the tribunal accepted the claimant's version that accident took place due to rash and negligent driving of the oil tanker ..... under section 110d of the motor vehicles act against the award dated 7-12-76 made by the motor accidents claims tribunal (iii additional district judge) kanpur.2. ..... it was denied that the accident took place due to the rash and negligent driving of the tanker by ..... it was said that the accident took place due to rash and negligent driving by the ..... 3 tried to avoid the accident and swayed it to the extreme left as a result of which it dashed against the tanker going ahead and was turned upside down resulting in injuries to the driver as well as damage to the tanker to .....
Tag this Judgment!Court : Allahabad
Reported in : I(1992)ACC690; 1992ACJ950; (1993)IIILLJ760All
..... the proviso so far as relevant says that the employer shall not be liable in respect of any injury claused by an accident which is directly attributable to the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing safety of ..... to operate the seamer machine, to seam the ghee containers; that one shri jaivir singh, who was trained to operate the seamer machine, was put on duty to operate that seamer machine; that the accident occurred in the first shift in the night on 30.12.1976; that sri jaivir singh at about 3.25 a.m. ..... negligence on the part of the employee does not exonerate the employer from liability to compensate the employee if the accident could not have been avoided by the exercise of ordinary care and deligence. ..... (1903) ac 443 at pages 448 & 449, lord machnaughten said that the word 'accident' should be understood in the popular and ordinary sense 'as denoting an unlocked for mishap or an untoward event which is not expected or ..... section 3(1), in so far as relevant, is produced below:'3(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter: provided that the employer shall not be so ..... mohammad issak 1969 (19) flr 281 (sc) interpreted section 3(1) thus:'to come within the act the injury by accident must arise both out of and in course of employment. .....
Tag this Judgment!Court : Allahabad
Reported in : 1994ACJ638
..... ahmedkutty 1987 acj 872 (sc), in which it is held that under said section before amendment by act 47 of 1982 in an accident of a bus run as a stage carriage where a passenger dies the liability of insurance company is what is prescribed under sub-clause (4) which is the maximum amount payable in respect of each passenger. ..... in short, the facts of the case are: that the accident with motor vehicle usr 2024 took place on 15th december, 1979, when the bus fell into a khud near baijnath on baijnath-bageshwar road, which resulted in the death of one k.l. ..... the respondent contested the claim that the accident was not the result of any negligent or rash driving but was on account of mechanical failure and further the claim is highly excessive. ..... the claims tribunal held that the accident took place on account of rash and negligent driving of the vehicle and hence awarded compensation of rs. ..... the aforesaid two appeals arise out of a common judgment and order passed by motor accidents claims tribunal, almora. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All389
..... section 95 (2) lays down that a policy of insurance shall cover any liability incurred in respect of any one accident up to the limit of fifty thousand ruppes where the vehicle is registered to carry not more than thirty passengers and a limit of seventy-five thousand rupees in all where the vehicle is to carry not more than sixty ..... state road transport corporation on the finding that the driver of the corporation's vehicle was not at fault, instead the accident occurred on account of the rash and negligence of the driver of vehicle no. ..... he urged that if several persons are dead or injured in one accident, the insurer will be liable to pay fifty thousand rupees only and it is not open to the claims tribunal to award compensation in excess of the said amount. ..... in our opinion, these appeals are not maintainable as order 43, rule 1 is not applicable to the proceedings before the motor accidents claims tribunal taken under section 110 of the act. ..... the evidence is clinching to the effect that the driver of the vehicle dlp 3692 was at fault and the accident occurred on account of his rash and negligent driving. ..... on 12th july, 1970 the motor accidents claims tribunal fixed 30th july, 1970 for evidence. ..... these nine fafos and two writ petitions arise out of an accident which took place on 14-6-70 in district muzafarnagar. ..... raghunath das who received injury in the accident claimed compensation for a sum of rs. ..... sewak ram died in the accident and his age at the time of death was 62 years. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC331
..... 724/- per month and was about 36 years old at the time of the accident and the accident took place on account of rash aad negligent driving of the truck by gajraj singh driver, opposite party ..... the opposite parties do not plead that the accident took place due to any mechanical defect in the ..... is, therefore, clear that the oral evidence given in the case clearly supports the finding of the tribunal that the truck was being driven at a high speed and the accident took place due to the negligence of the driver.9. ..... jt has been added by him that the accident took place due to rash and negligent, driving of the ..... led by the claimants shows that the truck did not stop after the accident and proceeded towards bareilly city. ..... the tribunal held that the accident was caused due to the negligence of the truck driver and there was no negligence on the part of ..... it is undisputed that the accident took place on 28-7-1975 at about ..... he pleaded that the accident took place on account of negligence of ..... driven at a high speed, hawaldar amarnath singh while crossing the road could be seen easily from sufficient distance and after application of the brakes the truck could be stopped and thus the accident could be avoided. ..... case of accident the driver alone can give correct and complete account of the accident. ..... on satisfactory evidence has been given on behalf of the appellants to show that the horn was blown and the driver took all reasonable precautions and made all possible efforts to avoid the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : [1985]58CompCas104(All)
..... any case, on the record, there is at present no evidence to show that the offending vehicle was insured with the appellant on the date of the accident und, therefore, the appellant cannot be directed to indemnify the claimants on the basis of the award of the tribunal.12. ..... has been submitted on behalf of the respondent that the very purpose of adding chapter viii in the act was to provide for a speedier remedy to the claimant who may become a victim of an accident involving the use of motor vehicle and further to facilitate the recovery of compensation awarded. ..... further submitted that the fact that this truck was insured with the appellant prior tothe date of accident and that it was subsequently also insured with the appellant's company cannot, without anything more, fasten the liability on the appellant for any accident which took place between the said two dates. ..... if the claimants asserted that the particular vehicle involved in the accident was insured with the insurance company on a particular date, then this fact must be brought forth on the record and be proved like any other ..... in order to fasten liability on the company for any claim arisingout of an accident which took place on october 7, 1967, it would be necessary for the claimant to establish that another insurance had been taken or at least a cover note had been issued by the appellant in favour of the owner of the vehicle ..... aggrieved by the decision of the motor accidents claims tribunal awarding compensation of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : [1984]56CompCas472(All)
..... certificate has been lost or destroyed or that, either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for concellation of the certificate after compliance with the provisions of section 105 ; or (b) that there has been breach of a specified condition of the ..... party thereto and to defend the action on any of the following grounds, namely : (a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the ..... motor vehicles against third party risk was amended in the recent past with a view to cover the risk incurred by the public while getting involved in any accident involving use of motor vehicle and to ensure that after obtaining an order for payment of compensation, the claimant may immediately recover the same without having to ..... singh, learned counsel for the appellant, that there existed a contract between the insurer and the insured which required that as soon as an accident should occur, the insured must inform the insurance company by notice about the occurrence of the accident and that since in this case the insured had failed to inform the insurance company, it would not be liable for the payment of .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC253
..... the basic requirement of law is that when a claimant files an application claiming compensation for injuries received during accident caused by a motor vehicle, notice must be sent to the owner or the owners of the vehicle as also to the driver. ..... he further urged that the claimant bad received injury in his right leg in the accident and inspite of the finding by the tribunal that the bus was being driven rashly and negligently by respondent no. ..... if the claimant did not receive any injury in the accident as alleged by him, then he is not entitled to any compensation at all. ..... 3, was driving the bus at the time of the accident and it was being driven rashly and negligently by him. ..... 2,040/- incurred by him on special diet from the date of the accident till 16-2-1979 on the advice of the doctor.2. ..... once a finding is given that the accident was caused due to rash and negligent driving by the driver, the liability passes on vicariously to the owner and thereafter to the insurer. ..... they denied the factum of the accident and the liability of the insurer. ..... 80,040/- by way of damages and expenses incurred for treatment of injuries received during the accident while he was a passenger in bus no. ..... he had filed a report about the injuries on his right leg and the x-ray report, but they are not sufficient to prove that these injuries were received by him in the course of the accident as alleged by him. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC421
..... made in the claim petition further denied its liability to pay compensation on the ground that the petition was time barred, the insurance policy in respect of the truck involved in the accident stood in the name of sardar ajeet singh on the date of the accident and that the accident was not due to the negligence on the part of the driver of the truck. ..... vindhwasni devi and father of two minor sons shiv kumar and ashok kumar katiyar met with an accident on 30th september, 1971 when he was travelling in a government jeep along with others and the jeep was hit ..... order is directed under section 110-d of the motor vehicles act by the insurer m/s new india insurance company, head office bombay, branch office kanpur, against the decision of the motor accidents claims tribunal (iind additional district judge, farrukhabad dated 1st october 1977. ..... the insurance policy stood in the name of sardar ajeet singh on the date of the accident and such, insurer was not liable to pay any compensation. ..... 34, 978/- as his pay if he had not died during the accident but after taking into consideration that 1/3rd of the said income would have spent for his personal expenses ..... , the insurer was not liable to pay compensation for any accident caused by any act of the employees of respondent nos. ..... the questions as to how the accident took place, whether there was negligence on the part of the driver or whether the driving was rash or negligent are questions which cannot be raised by the insurer either before the .....
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