Court : Allahabad
Reported in : 1(1985)ACC396
..... the opposite-party, corporation did not deny that the death of rajesh kumar was caused by the said bus but contended that the accident did not take place due to the rash and negligent driving of the bus by its driver satya narain singh rather it occurred due to the negligence of the deceased himself.6 ..... besides, the principle of res ipsa lequitur would be drawn to the facts of the case and we hold and confirm the finding that the accident took place due to the rash and negligent driving of the said bus by its driver.11. ..... the bus driver would have been the best person to narrate the facts under which the accident took plaee but for reasons best known to the corporation it did not produce him. ..... there is no evidence to rebut these facts, the corporation, in the written statement pleaded that the accident took place not due to the rash and negligent driving of the said bus but by its driver but on account of the own negligence of he deceased ..... t/1-b had deposed the facts as narrated above about the manner of the accident and further stated that the deceased was the son of her brother gur saran ..... the tribunal, after assessing the evidence on record concluded that the accident in question took place due to the rash and negligent driving of the said bus by its driver satya narian ..... two appeals under section 110-d of the motor vehicles act, 1939, arise out of the judgment/award dated 5-9-79 of shri ramanand rai, member, motor accidents claims tribunal, gorakhpur awarding a compensation of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : IV(2006)ACC137; 2007ACJ1406; 2006(3)AWC2803
..... driver of the motor vehicle then in view of the combined reading of sections 110 and 110-a (under the old motor vehicles act 1939) the crucial expression conferring jurisdiction upon the claims tribunal is the accident arising out of use of motor vehicle, the application is maintainable once such an application is held to be maintainable and the tribunal entertains such an application, if in course of enquiry the tribunal comes to a finding that it is the other ..... bhagwati prasad : [2002]2scr290 considered the maintainability of a claim petition before motor accident claims tribunal in respect of accidents involving the death or bodily injuries to persons arising out of the use of motor vehicle and the claim is made both against the insurer, owner and driver of the motor vehicle as well as the joint ..... on this basis plea has been raised that the accident in question is not covered under section 166 of the motor vehicles ..... contention of the insurance company is that since the driver of the bus has lodged a first information report against the owners and employees of the hotel, it cannot possibly be said that the accident in question arose out of use of motor vehicle. ..... the proceedings before the motor accident claims tribunal are not governed by the provisions of civil ..... damages for the injuries suffered by him in a motor accident dated 4th of march, 1997 at about 8 p.m. ..... how the accident in question took place can be decided only with reference of the evidence to be produced by the .....
Tag this Judgment!Court : Allahabad
Reported in : I(1984)ACC23
..... 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 adequated to displace ..... found therein were held to tell their own story, 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 inspite of their having taken all care and caution expected of the drivers in such circumstances. ..... since the two vehicles came too close to each other 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 passings and ..... 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 occured 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 ..... secondly, a question may also be asked as to whether the accident resulting in the injuries to the passenger was the result of contemporaneous negligence on the part of the passenger as well as the drivers .....
Tag this Judgment!Court : Allahabad
Reported in : 2005ACJ522; 2003(4)AWC2829
..... the supreme court has laid down that while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... the driver could not see the accident and he was unable to say as to how the injury was caused. ..... the tribunal further recorded finding that claimant was a student of high school at the time of accident and had a good academic record. ..... the finding of the tribunal, we feel it necessary to mention guidelines and principles laid down by this court as well as by the apex court of the country for assessing quantum of damages which will be payable to the victim of the accident cases.15. ..... in these three decisions, this court as well as apex court has laid down broad principles for guidance of the tribunal/courts for determining the amount of compensation payable to a victim of an accident. ..... in view of the nature and seat of the injury sustained by the claimant, it cannot be held that the claimant was stretching his hand outside the window at the time of accident. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1990)ACC244
..... on the other hand the corporation had examined the driver and bus conductor who have tried to feign ignorance about the accident and throughout maintained that they never came to know that anybody had been crushed under the bus. ..... however, the claims tribunal has recorded a clear finding that the bus was involved in the accident and blood stains were found on the type of the bus when the police was able to trace out the bus ..... according to him, testimony of pws 1, 2 and 3 has remained unshaken as to the manner in which the accident has taken place and it goes to establish that the bus had come to a stop before the deceased tried to board the ..... in this manner it stands fully established that the accident had taken place on account of negligence of the driver in starting the bus suddenly while the deceased was trying to board the bus after it had stopped on being signalled to stop it by the deceased near the ..... view of the fact that blood stains were found on the type of the bus and in view of the admitted position that soon after the accident there was student unrest as the bus driver had run away after the accident clearly goes to show that the bus in question was involved in the accident. ..... are, therefore, left only with the testimony of pws to come to the conclusion as to whether the accident had taken place or not. ..... is an appeal by the claimant in a motor accident claim petition. ..... was initially a controversy as to whether the bus in question was really involved in the accident or not. .....
Tag this Judgment!Court : Allahabad
Reported in : 1979CriLJ517
..... the learned counsel for the appellant has contended that the common experience is that generally after an accident with an automobile when the people of the crowd stop an automobile they cause serious injuries to the driver of the vehicle if he stops the ..... if the appellant claimed that a person other than himself was driving the truck at the lime of the accident, the onus would shift to him after i sri kesari nandan pandey's reliable i statement that the appellant was the driver of the truck at the time of the occurrence ..... we cannot, however, accept this contention.it is no doubt true that in many cases after the accident the crowd has seriously dealt with the drivers but it cannot be accepted as a rule that in every case as soon as the accident takes place the driver gets a right to speed away after crushing the people who are on the ..... does not leave any room for doubt that at the relevant time of the accident and the occurrence the appellant was the driver of that truck. ..... the appellant denied that he was driving the truck which had caused the accident and had killed such a large number of persons on the scene of ..... that his truck had gone to kanpur on that date amply establishes that the accident and the murders were caused by truck no. ..... , deputy superintendent of police, fatehpur, communicated this information on telephone to police station babupurwa at kanpur that there was possibility of the truck, which was responsible for this accident, being found at the workshop of chhedi. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1988)ACC282
..... the material placed by the parties including the survey report on which considerable emphasis has been placed by counsel for the respondents the tribunal has recorded, as seen above, categorical finding that the accident was caused on account of the rash and negligent driving by the driver of the truck and that the driver of the taxi took every precaution to save the ..... was no age of superannuation in the mills where the deceased was working and that the deceased was enjoying a good health it can safely be held that had the deceased not met with the accident he would have been in the service of the mills upto the age of 65 years and the amount of compensation deserves to be calculated on that basis.6. ..... tribunal has multiplied this figure by seven on the finding that the deceased being 53 years of age at the time of the accident and may have been in employment till the age of 60 years the claimants were entitled to this benefit for seven years. ..... the age of the deceased has been found to be 53 years at the time of the accident and the tribunal has hold that there being no age of superannuation the deceased could have worked up to the age of 60 years and the compensation has been determined on that ..... of the instant case, that the deduction for lumpsum payment was rightly made and that indeed the amount of compensation awarded is excessive and should be considerably reduced even if the finding that the accident took place on account of the negligence of the driver of the truck is upheld.5. .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)IILLJ322All
..... the finding ol the commissioner is that mohan lal was a workman ol the respondent, at the time of the accident in question, lie disbelieved the case of the employer that mohan lal sustained the injuries while he was cutting his own fodder at the machine ..... he should have applied the provision of the schedule as they stood on the date of the accident according to which madan lal would be entitled to receive compensation at 60% of rs. ..... the retrospectivity was, however, expressly confined to the 1st october, 1975, the accident took place in the present case on 8th october, 1973. ..... the compensation will have to be computed according to the schedule as it stood on the date of the accident and not as it did after that date. ..... 9,676,80, in addition, the commissioner awarded 6% simple interest running from the date of the accident to the date of payment to the workman.4. ..... our opinion the rights and liabilities of the parties stand crystallised on the date of the accident under ss.3 and 4 of the act. ..... the accident in the present case took place on 8th october, ..... case the commissioner rightly applied part ii of the schedule i as the present is not a case where the workman might have been incapacitated for all work which he was capable of performing at the time of the accident.14. ..... commissioner was, therefore, right in calculating the amount of compensation from the date of the accident.12. ..... 8th october, 1973; third, that the commissioner was not right in awarding interest from the date of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(2004)ACC276; 2003(4)AWC3446
..... in view of the above statement of the witnesses, tribunal arrived at the conclusion that the accident took place not due to the rash and negligent driving of the driver but due to the negligence of the boy himself and could not have been avoided by the driver of the tanker with all ..... as soon as the bus was crossed, the boy turned towards right and crushed in the accident by the tanker which going behind the bus at the distance of 8 feet. ..... the respondent opposite party pleaded that the accident had occurred not due to the negligence of the driver of tanker but due to the negligence of vinod kumar himself ..... per hour and at the time of the accident, he was not trying to overtake the bus ..... he submitted that the accident had occurred on account of the fact that the tanker was trying to take over the bus and was in high speed causing accident to the boy who was going on left side by bicycle.6 ..... the tribunal held that the accident was not occurred due to the negligence of driver of tanker but on account of negligence of the deceased vinod kumar and accordingly dismissed the claim ..... present appeal under section hod of the motor vehicles act has been filed against the order dated 10.2.1982 passed by iind additional district and sessions judge/motor accident claims tribunal in claim petition no. ..... right side and behind the bus there was a tanker at the distance of 8 feet near by and when the bus had crossed, the boy turned his vehicle towards right side resulting the accident by the tanker. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)ACC536
..... primarily driver of the truck whose negligent act caused the accident is liable to pay the compensation to both sets. ..... these three 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. ..... his statement that thereafter both deceased proceeded hardly 25 to 30 paces in the motor cycle when the accident took place. ..... claimants in 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 of rs ..... as a result of this accident ahmad husain the pillion rider died on the spot sustaining fatal injuries ..... nature of accident was such that there was spot death of a person and fatal injury was sustained by another to be hospitalised ..... since accident, ownership and insurance were not disputed, tribunal considered the question of negligence and held by appreciating evidence of p.w ..... circumstances when the driver finds a motor cycle on the middle of the road and it was enough to blow horn and move ahead, we are satisfied that driver of the truck was squarely responsible for the accident. ..... even if a motor cyclist would be a wrong doer, it does not authorise driver of a heavy vehicle to create a situation which would result in an accident. .....
Tag this Judgment!