Court : Allahabad
Reported in : 1(1992)ACC748
..... the hon'ble supreme court in 1979 air sc 1566 at page 1667 observed:the jurisprudence of compensation of motor accidents must develop in the direction of no fault liability and determination of quantum must be liberal, not niggardly, since the law, values of life and limb in a free country in generals ..... and 2 minors heirs and legal representatives dependants of deceased victim are directed against the judgment and order dated 24.5.80 in motor accident claim petition under section 110-a of motor vehicle act, 1939 by the ii addl. ..... the corporation-appellants led evidence in the case in order to show that accident was due to sudden mechanical failure of the brakes and there was no negligence and rash ..... the appellant failed to establish that accident was due to mechanical defect in the bus or latent mechanical ..... had he not died in the accident, he would have lied for another 50 ..... deceased at the time of accident was aged about 30 years. ..... bus was driven rashly and negligently causing the accident and death of the deceased. ..... the evidence of the witnesses show that since the bus was driven so rashly that even after the accident the deceased was dragged. ..... it was pleaded that the accident had not taken place on account of rash and negligent driving of appellant's ..... a case under fatal accident by motor the deceased was aged 30 years drawing ..... failed accidently, resulting in accident.4. ..... bus had reached near the pratapur railway level crossing, he saw the railway gate was closed at the time of accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2844; (2000)3UPLBEC2320
..... principles which are necessary for the application of the principle res ipsa loquitur are one that the thing or object by which the accident took place must have been in the management or control of the defendants or his servants and second that the accident in ordinary course would not have happened if those who were in management and control had taken proper care. ..... 1979 sc 1848 and other high courts and held that once the incident was proved, the principle of res ipsa loquitur applied and the appellants having failed to prove that the accident did not occur due to any negligence on their part, the suit was liable to be decreed.6. ..... hon'ble court observed, 'that if the nature of an accident is such that the mere happening of it is evidence of ..... it is based on principle that the plaintiff can prove accident but he may not be able to prove that it could have been avoided but for the negligence of ..... law was succinctly stated thus,'there must be reasonable evidence of negligence but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care'.7. ..... to relieve the plaintiff from discharging the burden where the true cause of accident was in the knowledge of the defendant due to whose negligence the accident took place. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1992)ACC572
..... the tribunal has committed a patently illegality in not awarding compensation to the appellant on account of her husband's death in the accident, only because she has been given a job in the hydel department and the present emoluments she was receiving were more than the amount of the salary ..... not driven rashly or negligently, in fact it was driven on a normal speed and the head light was on at the time of the accident the rickshaw had abruptly crossed the road at a distance of about 2 kms from robertsganj, it had no light. ..... is the widow of the deceased chhotey lal and the accident was on account of rash and negligent driving of the ambassador ..... the mother of the deceased at the time of the accident was about 65 years of age, who also received a compensation on account of her being dependent ..... good health and had he not been killed in the accident, he would have lived upto 90 years. ..... admittedly, at the time of the accident, he was about 34 years and he would have lived for ..... from order is directed against the judgment and order passed by the motor accident claims tribunal dated. ..... deceased husband of the appellant was working in the hydel department and after his death in the accident, appellant smt. ..... had abruptly crossed the road, the accident took place. ..... on 21.4.1979 an accident took place by ..... perfect order and its breaks were provided with new lining, there was no negligence of driver of the car but on account of rash and negligent driving of the rickshaw which resulted into the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1992)ACC504
..... after scanning the evidence, the tribunal found that the longevity in the family of the deceased was about 65 years, since the deceased at the time of the accident was about 42 years, which was estimated that he was likely to live further 23 years. ..... the case of the corporation was that at the time of accident, a bullock-cart came in between and the car driver himself on account of rash and negligent driving dashed against the bus ..... a written statement was filed by the corporation and it was stated that the visibility at the time of accident was very poor on account of thick fog. ..... this first appeal from order is directed against the judgment and order passed by the motor accident claims tribunal dated 22nd march 1980. ..... tribunal found the age of the deceased at the time of the accident about 42 years. ..... it was admitted in their statement that visibility at the time of the accident was poor. ..... it is said that the bus driver was driving the bus at a very high speed and on account of rash and negligent driving of the bus, the accident took place.2. ..... there was an accident between the said bus and the ..... certain facts about the accident are admitted. u.p ..... was no attempt on the part of the driver to take over the bullock-cart causing the accident. ..... two witnesses categorically stated that the speed of the bus was very high and in order to take over a bullock-cart, the bus driver speeded up his speed resulting into the accident. ..... four occupants aforementioned died on the spot on account of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1991)ACC123
..... from all this evidence the learned district judge rightly concluded that the bus in question was indeed involved in the accident and we see no reason to take a different view.we also do not think that the compensation awarded is unreasonable or excessive.in the circumstances the restoration application is allowed and the appeal is restored to its original number. ..... but, he admitted in his cross-examination that in his statement recorded by the assistant commandant after the accident, he had stated that the accident was caused by his bus but that he was not at fault for the same. ..... besides the evidence of p.w.2, the first information report issued in connection with the said accident soon after the accident, clearly stated that the p.a.c. ..... the same incident is also found mentioned in the post-mortem report which constituted the earliest version of the accident evidence of p.w.2 also corroborates the respondents version regarding the accident.on behalf of the appellants d.w.i the driver was examined who denied that his bus was involved in the accident. ..... he stated that the accident took place near the workshop of virendra. ..... was not involved in the accident at all. ..... the accident took place on 17.12.1983 in which a five-year old son of the respondents herein died. ..... bus usx 1758 was the cause of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(2005)ACC209; 2005(1)AWC187
..... 1939 (hereinafter referred to as the act) sub-section (3) of section 110a provides :'110a (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, if it is satisfied that the applicant was prevented by sufficient cause from making the application in ..... principle will not govern the cases 'where the dispute as to whether petition for claim having been filed beyond the period of 12 months from the date of accident is pending consideration either before the tribunal, the high court or this court, in such cases benefit of amendment of sub-section (3) to section 166 should be extended.'11 ..... 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 ..... rightly thought that prescribing a period of limitation and restricting the power of the tribunal to entertain any claim petition beyond the period of 12 months from the date of the accident was harsh, inequitable and in many cases was likely to cause injustice to the claimants. ..... realized grave injustice and injury caused to the heirs and legal representative of the victim of the accident, if the claim petition was rejected only on the ground of limitation. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1996)ACC576
..... only question which needs to be decided in the present matter is as to whether the amount of compensation determined by the tribunal is in accordance with the principles of law laid down for determination of the compensation of the motor accident claims tribunal and as to whether there was sufficient material on record to arrive at a finding that the deceased was having an income of rs. ..... the motor vehicles act for the reason that the tribunal has already recorded a finding that the deceased vinod kumar garg was a valid passenger and his death was caused due to accident which occurred due to rash and negligent driving of the driver of the bus and negligence of the conductor. ..... 3, 4 and 5 on becoming major can withdraw the aforesaid amount from the concerned motor accident claims tribunal for any necessity which may arise after their becoming major.with the afpresaid observations, both ..... modi (1981) acj 507 held that the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation, taken a sting out of the laws of compensation and added to that the monstrousinflation and the consequent fall in the value of rupeemakes the compensation demanded years ago ..... , as the case may be, shall neither be pledged nor shall be offered as security for any loan nor shall any loan be permitted to be drawn against the same except with the previous permission of the motor accident claims tribunal, agra under whose supervision the amount will remain in deposit. .....
Tag this Judgment!Court : Allahabad
Reported in : II(2001)ACC70; 2002ACJ915
..... in the present case, far from establishing that it was the appellant who had allowed rajinder pal singh to drive the vehicle when the accident took place, there is not even any allegation that it was the appellant who was guilty of violating the condition that the vehicle shall not be ..... in a case where the person who has got insured the vehicle with the insurance company has appointed a duly licensed driver and if the accident takes place when the vehicle is being driven by a person not duly licensed on the basis of the authority of the driver duly authorised to drive the vehicle whether the insurance ..... (3) the exclusion clause has to be read down in order that it is not at war with the main purpose of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to keep the promise.to examine the correctness of the aforesaid view this appeal was referred to a three judges bench, because on ..... materials on record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act ..... as to whether the insurance company can repudiate its liability to pay the compensation in respect of the accident by a vehicle only by showing that at the relevant time it was being driven by a person .....
Tag this Judgment!Court : Allahabad
Reported in : III(2004)ACC841; III(2005)ACC57; 2006ACJ1395; 2005(2)AWC2264
..... section 165 of the motor vehicles act provides that the state government may, by a notification in the official gazette constitute one or more motor accident claims tribunal for such areas as may be prescribed in the notification for the purpose of adjudicating upon the claim for compensation in respect of accident involving death of or bodily injuries to a person, arising out the use of motor vehicle or damages to any property of a third party so arising, ..... (2) ac 595, has held as follows :'it is well-settled that to succeed a claim of compensation for injury suffered or for the death caused in accident by the use of motor vehicle for holding the owner, driver and insurer liable to pay compensation, proof of negligence is necessary. ..... my attention was invited towards the findings recorded by the tribunal that the accident took place on account of rash and negligent driving of the truck bearing ..... compensation for the injury suffered or for the death of a workman in a motor accident they undertake the burden of proving of negligence of owner/insurer so as to make them liable to pay ..... the case in hand, the findings of the tribunal that the accident took place on account of rash and negligent driving of the truck ..... while making the award direct the insurer or owner or driver of the vehicle involved in the accident or any of them as the case may be to pay the compensation amount. ..... aforesaid bus belonging to the appellant met with an accident with a truck, which was being driven rashly and .....
Tag this Judgment!Court : Allahabad
Reported in : II(1996)ACC49; 1996ACJ1242; AIR1997All15
..... rajendra singh met with an accident on 9-3-1991 which resulted in his death leaving behind his wife, and three minor children. ..... the motor accident claims tribunal found that the death of rajendra singh was caused due to rash and negligent driving by the driver of the vehicle in question as alleged in the claim petition. ..... the accident was caused by the truck owned by the appellants and driven by the respondent no. 5. .....
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