Court : Allahabad
Reported in : I(1984)ACC1
..... it is apparent from the above that the policy of insurance covered the liability in respect of any one accident to the extent of ten thousand rupees for each individual passenger, where the vehicle is a motor cab and carries ..... was apparent from the above that in case of death or bodily injury to any person due to accident the insurance company would pay to the insured or any one on his behalf a sum of rs. ..... in the affirmative that the bus was being driven at a speed of 70-miles and the accident took place as a result of negligence and rashness of the driver mohammad ismail. ..... was also stated that the driver was driving the bus rashly and in great speed and the accident occurred when the bus struck a road side tree. ..... appeal arises out of an award made by the motor accidents claims tribunal, jhansi dated the 6th october, 1975. ..... as well as the contract makes it clear that the upper limit of the liability of the insurance company inrespect of any individual person who is subject to accident and has either died or received bodily injury is rs. ..... the age of the deceased at the time of the accident was 70 years and he was liability of the family members because of his ..... provision may be quoted.section 95(2): subject to the provisio to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely:(a) omitted. ..... of the appellants was that they were not responsible for the accident or the resultant death of shir badri prasad. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1984)ACC110
..... 1, 2 and 4 are the owners of the truck, that the petition is not bad for non-joinder of the driver, that the accident took place due to the rash and negligent driving of the truck and that opposite parties are liable to pay a sum of rs. ..... we are thus satisfied that the tribunal rightly held that the accident took place due to the rash and negligent driving of the truck ..... and 3 had no concern with the truck and denied that an accident took place with the truck owned by him and opposite party no. ..... it was, however, said that the facts regarding the accident are not admitted and the liability of the insurance company cannot exceed ..... are two connected appeals under section 110-d of the motor vehicles act against the award dated 30-3-77 made by the motor accident claims tribunal, aligarh (v additional district judge) awarding a compensation of rs. ..... opposite parties have not led evidence to show that the truck was being driven carefully and the accident took place due to the negligence of the victim. ..... have led evidence in support of the version that no accident took place with the truck.17. o.p.w. ..... giri garao prasad also stated that no accident took place from truck no. u.s.d. ..... it was said that the accident took place due to the rash and negligent driving of the truck ..... , on the aligarh-tappal road, an accident took place in which ram pal singh was seriously injured and he ultimately succumbed to the ..... khan that the accident did not take place due to the rash and negligent driving of the truck. .....
Tag this Judgment!Court : Allahabad
Reported in : 1990ACJ406
..... both the vehicles were on the proper side but they were being driven close to the centre of the road and because of the speed even slight misjudgment might have resulted in the accident and thus both the drivers must be held to be equally guilty of causing the ..... , the theory that the bus was trying to overtake and this resulted in the accident was erroneous inasmuch as in the claim petition there was no indication of this fact ..... agreement with the finding of the tribunal, therefore, we hold that the accident was caused only on account of rash and negligent driving by the ..... even though it is alleged that it was raining at the time when the accident took place and there was slush on the road due to which the jeep had skidded, the police officer who investigated the matter and who admittedly had reached the spot at ..... 4 station incharge had submitted one report known as preliminary accident report on 16th february, 1978 and thereafter another accident report was given on a printed form on 28th march ..... these two appeals are directed against the award of the motor accidents claims tribunal, mathura, dated 4th february, 1980 by which he has disposed ..... the most important reason for this is that in the accident the driver of the jeep had become unconscious and he ..... according to the surviving passengers in the jeep, the accident occurred on account of rash and negligent driving, high speed and the attempt of the bus driver to overtake a vehicle in front of it without caring about the traffic coming .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)ACC153
..... however, it is the duty of the court to scrutinize the evidence on record in such cases with special care for drawing an inference that irrespective of the in correct recording of the number, the accident did take place from the vehicle belonging to the proprietor or owner of a particular make. ..... 5,000/- to be payable by the driver except the recording of finding that the accident took place on account of negligence of the driver that by itself would not make the appellant (driver) liable unless there was something more either under the motor vehicles act or under the service conditions of ..... the said corporation has the vicarious liability to pay any compensation payable on account of the said accident and the driver should not be made liable for the same.9. ..... in this regard, one has always to keep in mind whether the actual accident took place on the said date, time and place or not, which led into the death of the deceased and secondly, whether the number of the bus recorded and relied by the claimant was true or ..... roadways bus driven by sri baikunth nath pandey; further, the accident took place on account of negligence and mis-conduct on the part of the driver; the parents are entitled to maintain the claim petition and it cannot be rejected on account of any misjoinder of parties; and finally, awarded compensation to ..... denied the claim and further stated that no fatal accident took place near the roadways bus station by any u.p.s.r.t.c. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998ACJ78; (1997)IILLJ292All; (1997)2UPLBEC914
..... in the instant case i find that since the amount of compensation was not paid within one month from the date of accident the commissioner was right in imposing penalty as well as the interest to the appellant in all the cases and i do not find any infirmity ..... applicant has himself defaulted in making payment for about 5 years without showing any cogent reason thereof and also defaulted in forming the commissioner as to the accident caused to the workman cannot take up the plea which appears to be highly technical in the matter of granting compensation. ..... 85, it was held:'as provided under section 10a of the act, he (commissioner) can even act on information received by him from any source regarding fatal accident and call upon the employer to explain as to under what circumstance death had occurred. ..... any illegality about the initiation of proceeding suo motu, having received the information of the accident when deposit of compensation on behalf of the appellant was m ade after couple of ..... held (at page 189) :' proviso to section 10 lays down that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim if the employer had knowledge of the accident from other sources at or about the time when it occurred. ..... of legislation has been narrated in the following words:'general principle is that compensation should ordinarily be given to workmen who sustain personal injuries in accidents arising out of and in the course of their employment. '21. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003ACJ1068; 2002(4)AWC2905
..... however, if the insured makes up the premium even after the cheque was dishonoured but before the date of accident, it would be a different case as payment of consideration can be treated as paid in the order in which the nature of ..... the same day at midnight, the truck met with an accident, in which three occupants, namely, tetia alias ramlal (cleaner) and ..... the tribunal on considering the evidence of claimant held that accident in question took place due to rash and negligent driving of the driver ..... on the ground that the maruti van involved in the accident was not insured with it and, therefore, it was not liable to indemnify the amount of ..... who were the widow and children of the insured, who died in the accident, filed a claim for the loss of the vehicle. ..... dependants filed three claim cases before the motor accidents claims tribunal, which were contested by the insurance ..... the finding of the tribunal that accident took place due to rash and negligent driving of the driver of ..... in the meantime, on 9.4.1990, the accident took place, the bus collided with a truck, ..... been directed against the judgment and award dated 26.4.2002 passed by motor accidents claims tribunal/xiith additional district judge, ghaziabad, in motor accident claim petition no. ..... if on the date of accident, there was a policy of insurance in respect of the vehicle in question, the third party would have a claim against the insurance company and the owner of the vehicle would have to be indemnified in respect of the .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1996)ACC1
..... the view that in view of the discussion we have already made above, it is not necessary for us to deal in detail the facts of the case, as we are satisfied that the accident claims tribunal has recorded findings on the basis of evidence on record and has rightly held that the accident has been caused due to negligence of the driver of the truck and in both the aforesaid cases, the claims tribunal has property determined compensation. ..... evidence in detail as per statement of the witnesses, whereas from a perusal of the provisions of the motor vehicles act so far as constituting the claims tribunals and deciding the claims applications in the motor accident claims cases read with rules framed there under, it is clear that a summary procedure is to be adopted for expeditiously deciding the claim application made in the motor ..... company is defending the claim under provisions in response to a notice issued by claims tribunal under section 168 of the act and the conditions contemplated by section 170 of the act cannot attracted, the accident claims tribunal will consider only those defences of insurance company, which are permissible under section 149(2) of the act.19. ..... a matter of routine in every appeal, the opposite parties are called upon to appear in this court, this will be defeating justice and putting hardship on those poor persons who have either been injured in motor accident or the heirs of the deceased who are already imperiled due to the death of bread winner of the family. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1996)ACC328
..... this decision under the old act which also says that the tribunal is entitled to make an award under section 92-a as soon as it comes to conclusion that the vehicle of the owner was involved in the accident which was insured correctness of the other objections by owner or insurance company should be decided thereafter. ..... in support of the submissions, learned counsel for the appellant placed reliance on the judgments reported in 1985 accident claims journal, page 1,the orientalfire and general insurance company ltd., v. ..... prima facie tribunal was satisfied in the present case that vehicle was insured but the conditions of the insurance policy were not completed with 36-37 persons were traveling in the vehicle at the time of the accident which is beyond the prescribed limit of persons to be carried in such vehicle. ..... the interim compensation has been granted after finding that the vehicle at the time of accident although insured, but the number of persons carried at the time of accident was 36-37, much beyond the permissible limits. ..... if the vehicle which met with the accident carried so many persons at the time of accident prima facie the tribunal below enquired and was satisfied about the liability of the owner of the vehicle. ..... the other case relied by learned counsel for the appellant is 1986 accident claims journal 120, new india assurance company ltd. v. ..... learned appellant cited two decisions of single judge of our court reported in 1986 accident claims journal, page 202 sant ram v. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ3929
..... it was observed that if a cow on account of bad health bad feed or through physiological accident produces milk with unusual variation in constituents such as fatless milk or milk with too low fat content or milk with meagre non-fatty-solid contents such milk would, under the amended law, be unadulterated. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4159
..... it was observed that if a cow on account of bad health, bad feed or through physiological accident produced milk with unusual variation in constituents such as fatless milk or milk with too low fat content or milk with meagre non-fatty solid contents such milk would, under the amended law, be unadulterated. .....
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