Court : Allahabad
Reported in : AIR1978All526
..... to the decree but on appeal preferred by the defendant the court of appeal was of the view that the testimony of habib ahmad mechanic of the police department who had inspected the vehicle immediately after the accident, should have been recorded by the trial court in order to test the validity of the plea relating to the latent defect in the vehicle raised on behalf of the defendant. ..... in this second appeal however, we are concerned only with the plea put forward on her behalf that the accident was a result of a latent defect in the vehicle inasmuch as its brakes suddenly failed and the steering wheel became free on account of the bolt of the push and pull rod going out of order ..... the maxim of res ipsa loquitur notwithstanding a defendant is entitled tosucceed, even though he cannot explain exactly as to how the accident happened, if he establishes that there was no lack of reasonable care on his part.12. ..... docks company, (1865) 3 h & c 596 'but where the thing is shown to be under the management of the defendant or his servant, and the accident is such as in the ordinary course of things does not happen if those who have the management, used proper care, it affords reasonable evidence, in the absence of any explanation by the defendant, that the accident arose from want of care.'10. ..... the plaintiff, ram prakash met with an unfortunate accident at about 1-o'clock in the noon on 16th ..... trial court in the first instance found that the accident was due to negligence of the defendant. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All110
..... nair, air 1970 sc 376, both the decisions were under fatal accidents act but certain observations therein would also apply to the principles for determining just compensation under the motor vehicles act also ..... admittedly, the vehicle involved in the accident was insured with the new india assurance co ..... this appeal under section 110-d of the motor vehicles act, 1939 has been directed against the judgment and order dated 3-5-1977 passed by the motor accident tribunal (hereinafter referred to as tribunal) awarding rs. ..... ) wherein the death of a child aged about 10 years had occurred and the motor accident tribunal had awarded a sum of rs. ..... the tribunal held that both the opposite parties were liable to the amount of compensation payable for the death due to accident as per the insurance policy. ..... regarding facts of the accident alleged by the claimants, the respondent ..... in india, while considering sections 1-a and 2 of the fatal accidents act, 1855, in a case relating to death of a boy about 8 years involved in an accident, mr. ..... whether the accident in question took place from the vehicle upd 8865 as alleged ..... course there is no measure for adjudging the money value for the same but courts have awarded sums of money, taking into consideration various aspects to assuage the wound caused by the loss due to such accidents. ..... second aspect of the matter is the shock and suffering that ensued after the accident. ..... any way liable to compensate for the death on account of the alleged accident?3. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1984)ACC23; AIR1984All344
..... and at the very slow speed while negotiating the road which was narrow, it is well settled, their lordships observed, that where primary facts have been proved to raise a prima facie assurance that the accident was caused due to the negligence on the part of the opponents, the issue shall be decided in favour of the claimant unless the opponents by their evidence provide some answer which is adequate to displace ..... the possibility that while grazing each other some person might be placing his hand or elbow on the window sill, since the two vehicles came too close to eachother resulting into accident without there being justification for the same it has to be presumed that the drivers had failed to take reasonable care for the safety of passengers and therefore they were negligent. ..... were held to tell their own story, namely, that the drivers of both the vehicles were grossly negligent and it was for them to discharge the burden to showing that the accident happened in spite of their having taken all care and caution expected of the drivers in such circumstances. ..... upon consideration of these primary facts it is manifestly clear in our opinion that the accident resulting in the injuries to the plaintiffs occurred on account of the negligence of the drivers ..... in defence it was contended for the state that the accident occurred due to the negligence on the part of the driver of the truck and that there was no liability upon the state since there was no negligence on the part of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All68; [1981(43)FLR318]
..... section 82-f (2) runs as follows :--'any person aggrieved by a decision of the claims commissioner refusing to grant compensation, or as to the amount of compensation granted to him, may prefer an appeal to the high court having jurisdiction in the place where the accident occurred : provided that nothing in this sub-section shall be deemed to authorise the high court to grant compensation in excess of the limit specified in section 82-a'. 12. ..... section 82a of the railways act provides that where in the course of working a rail accident occurs, the railway administration shall be liable to pay compensation to the extent set out in sub-section (2). ..... it was further found that she was a bona fide passenger on the train at the time of the accident and that the claim petition was filed within time. ..... rama devi was doing dairy business at the time of the accident and that the claimants were the sole surviving heirs of the deceased smt. ..... (d) where death has resulted from the accident, by any dependant of the deceased.thereafter there is an explanation which runs as under. ..... section 82-c of the railways act provides that any application for compensation under section 82-a arising out of an accident of the nature specified therein, may be made,(a) to (c) ..... ..... section 82b provides for appointment of a claims commissioner, section 82c provided that an application for compensation under section 82a arising out of any accident of the nature specified therein, may be made,(a) to (c) ..... .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1194
..... the deceased was travelling in the truck under the authority of the appellant and accident took place due to rash and negligent driving of the driver of the truck no. u.t.b. ..... theclaim petition was conlested on theground that the accident did not takeplace due to rash and negligentdriving of the driver of the truck, butthe above truck was going towardsthe bairage when a private truckcame from opposite direction with anexcessive speed. ..... in their written statement filed in the motor accident claim petition, the appellants have no where contended that the claimantshave made any claim under workmen's compensation act. ..... the first appeal from order has been preferred against the judgment and order/award dated 13.2.1992 passed by motor accident claims tribunal/1st additional district judge. ..... the appellant filed writtenstatement admitting the date, timeand place of accident and also iheinvolvement of the truck no. ..... 72.000 with 9% interest from the date of accident and also ordered that rs. ..... 9% per annum from the date of accident, to the claimants-respondents.2. ..... bijnor in motor accident claim case no. ..... the accident in question took place in the year 1982. ..... u.t.b.2503 in the accident. ..... the claimants filed claim petition on account of death of rajendra kumar in motor accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1995)ACC197; 1995ACJ220
..... driver of the truck whose negligent act caused the accident is liable to pay the compensation to both sets ..... appeals under section 110-d of the motor vehicles act, 1939, (hereinafter referred to as 'the act') are in respect of death of two persons in an accident while going on a motor cycle. ..... that, thereafter, both deceased proceeded hardly 25 to 30 paces in the motor cycle when the accident took place. ..... accident, ownership and insurance were not disputed, tribunal considered the question of negligence and held by appreciating evidence of pw 4 and dw 1 that driver of the truck was not negligent and driver of the motor cycle was negligent for which there was accident ..... a proceeding for compensation are required to satisfy the tribunal that driver of the vehicle which caused the accident was negligent. ..... asserting that accident was on account of negligence in driving of the truck, widow of nizam ali and their minor daughter aged two years filed an application for compensation ..... as a result of this accident ahmad husain, the pillion rider, died on the spot sustaining ..... nature of accident was such that there was spot death of a person and fatal injury was sustained by another to ..... finds a motor cycle on the middle of the road and it was enough to blow horn and move ahead, we are satisfied that the driver of the truck was squarely responsible for the accident. ..... motor-cyclist would be a wrongdoer, it does not authorise driver of a heavy vehicle to create a situation which would result in an accident. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All438; 81Ind.Cas.705
..... owing to a change of plan due to a light engine whose movements were changed at the last moment, sheo baran singh, the assistant station master in charge, of the levers at the occasion of this accident, either neglected to discover that the points slide was not working, or omitted to examine it before allowing the main through train to enter the danger zone. ..... it is equally speculative but it is not improbable that after the 'line clear' had been given some half an hour before the accident, the change of plain by which the light engine was sent on to the siding and this at any rate was quite recent may have led to the points being set to loop ..... 102, the stationary train, had reached the platform some few minutes before the accident and he says that sheo baran singh showed him (it must mean after the accident) that the train key was with him and the slides were showing main. ..... as they were found down, and everybody says that they were down after the accident, the probability is that he tried to raise them, but if the machinery was working ..... it is not our business to describe exactly the sequence of events and to illustrate how this accident could have happened, so long as we are satisfied that it did happen, and that it might have, been prevented by the exercise of due precautions on the part of sheo baran singh in ..... the assistant station master says that the assistant station master was four minutes on the platform before the accident and that the signal-man was working the lever. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC368
..... whether the vehicle in question was involved in the accident which resulted in the injury to the claimsant is not proved by the entry in the general diary ..... it is indisputable that the burden to prove that the accident in which the claimsant is stated to have received injuries and sustained the loss claimsed by him was caused by bus ..... use 1635 was not at all involved in the accident which may have caused injuries and loss to the ..... the claimsant asked the respondents who are respectively the owner and the driver to pay damages to him on account of the injuries sustained by him and the loss suffered by him as a consequence of the accident by the rash and negligent act of the driver. ..... the question whether the accident was caused by the rash and negligent driving of the vehicle arises only ..... general diary entry clearly connected the accident with bus no. ..... negatived the claims of the appellant, inter alia, on the ground that he has completely failed to prove by any admissible and reliable evidence that the alleged injuries and loss were sustained by him as a result of an accident in which bus no. ..... 1635 with the accident in question.9. ..... station kotwali by sarju and hiralal have not been corroborated by any direct evidence and at any rate, it could not be a substitute for proof of the basic fact that the vehicle was involved in that accident. ..... the oral evidence goes, i, therefore, find that the claimsant has not been able to establish that the vehicle in question was involved in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC155
..... the tribunal considered the evidence on the record and believed the applicant's version that the accident took place due to the rash and negligent driving of the truck by opposite party no. ..... is an appeal under section 110-d of the motor vehicles act against the award dated 29th july, 1980 made by the motor accidents claims tribunal, aligarh (iii additional district judge) awarding a compensation of rs. ..... 1 shabbir ahmad shows that as a result of the accident his right leg had to be amputated above the knee ..... shabbir ahmad, however, shows that at the time of the accident he used to do the work of manufacturing dyes. ..... it was denied that the accident took place due to the rash and negligent driving of the ..... as far as the accident is concerned, the version of ..... the accident took place in the year 1976 and in the absence of any evidence it cannot be said that the estimate made by the tribunal was ..... the claimant does not lead positive evidence in support of his version set up in the petition, the tribunal has no choice but to make a reasonable estimate of the income at the time of the accident. ..... are thus satisfied that the claimant was 32 years old at the time of the accident.12. ..... is the report lodged by the claimant's brother tauquid ahmad soon after the accident. ..... shabbir ahmad claimant finds complete corroboration from the statements of jalaluddin and anwar hussain who were present at the time of the accident. ..... roadways, workshop, aligarh on the aligarh-delhi road, the claimant met with an accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC54
..... view the inconsistent statement made by pw 2, nalkey and pw 4 prabal pratap singh and the admission of the boy, who was sitting on the carrier of the cycle namely, kripa ram that he was shortly before the accident jumped from the carrier of the cycle, it appears that the case set up by babu khan the driver is correct and on the evidence on record it is not possible to take the view that the bus was being ..... this appeal has been preferred against the order dated 29-10-1977, passed by the motor accident claims tribunal, jhansi, dismissing the petition made by the appellants for compensation under section 110-a of the motor vehicles ..... has given his age as 50 years and has stated that he bad been driving bus on the particular road on which the accident was caused for the last about 10-10 years. ..... he does not claim himself to be an eye witness of the accident and has proved the extent of loss, which he suffered on account of the death of nanak ..... to the case of the claimants it was due to rash and negligent driving of the bus driver, babu khan that the accident was caused resulting in the death of nanak ram. ..... on the date and the time when the accident was caused nanak ram was going on a cycle with another boy kripa ram sitting on ..... are the parents of one nanak ram, who met with an accident while going on a cycle on 20-9-1972 with a private bus. ..... on account of the injuries sustained in the accident nanak ram died and consequent upon his death the claim petition mentioned above was filed by the .....
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