Court : Allahabad
Reported in : 1992ACJ81; AIR1991All186
..... the appellants failed to examine any witness to prove the fact that the driver respondent 5 had no authority to ply the jeep at the time of accident took place or that he was not driving the jeep for the official purposes. ..... it is, therefore, reasonably to expect thatif the deceased had not died due to accident,he would have lived up at least up to the age of65 years, if not more so as to earn thepensionary benefits for 10 years after retirement.'7. ..... the deceased would have been getting much higher pay scale if he had not died due to the accident and had attained the age of superannuation. ..... this appeal has been preferred against the award dated 22nd march, 1980 given by motor accident claims tribunal, bareilly in claim petition no. ..... the appellants could not be vicariously liable for his illegal action causing accident resulting in death of the deceased. ..... the driver dashed against a rickshaw before causing accident resulting in death of the deceased. ..... the motor accident claims tribunal after hearing the parties accepted the claim of the respondents 1 to 4 and passed the impugned award granting rs. ..... sri honkeshwar singh was aged 35 years, who was badly injured and succumbed to the injuries after about two hours of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All217
..... gurpriya khera also received multiple fractures in that car accident and she fell unconscious. ..... on 3-2-96, in a car accident, the husband of smt. ..... gurpriya has turned into a widow due to untimel death of her husband in an accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1993ACJ1238; AIR1993All330
..... rajasthan state transport corporation, reported in (1992) 2 scc 567 (609): (air 1992 sc 1261), it was held that where the accident had taken place in 1977 and litigation was coming to an end after 15 years, the value of rupee dwindling due to high rate of inflation, there was no justification for making deduction due to lump ..... modi, 1981 ace cj 507 : (air 1981 sc 2059), held that the delay in the final disposal of motor accident classes of litigation, takes asting out of the laws of compensation and added to that the monstrous inflaction and the consequent fall in the value of rupee makes the compensation demanded years ago, less than ..... observed that after giving a finding that average life expectancy of the deceased was 60 years and he had died at the age of 26 years in an accident, the remainder period of his life is 34 years and not 24 years as held in the judgment dated 1-12-1980. ..... of the bus had tried his best to avoid the accident but because of the deceased's own fault the accident on a turning point of the road became inevitable. ..... and 281/1982 are being decided by one judgment as these appeals pertain to compensation claimed under motor vehicles act, 1939 in respect of the accident in which one prem chandra has died.2. ..... interest @ 17% per annum from the date of accident till the amount is realised. ..... prem chandra who was 26 years' old is said to have met with an accident with bus no. ..... the accident took place in july 1977 and the litigation has come to an end, hopefully, today 15 .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1077
..... it is true that an appeal under section 173(1) of the act lies only against the award of the motor accident claims tribunal but if the award is a nullity it can be challenged in an appeal under section 173(1) of the act and the ..... however, we direct the registrar general to issue a circular forthwith to all motor accident claims tribunals functioning in state of uttar pradesh to pass appropriate orders by giving reasons on the applications filed under section 170 of the motor ..... before parting with the case we may point out that motor accident claims tribunals in uttar pradesh are not following the mandate of section 170 of the act and the law declared by the apex court in ..... this appeal directed against the award of the motor accident claims tribunal (in brief the tribunal') gives rise to an interesting question of law, whether on an application filed under section 170 of the motor vehicles act, 1988 (in brief the act) by the insurance company, if no order ..... the claim petition is remanded back to the motor accident claims tribunal with a direction to decide the application filed by the insurance company under section 170 of the act in accordance with law ..... the tribunal recorded a finding that the accident took place due to rash and negligent driving of ..... the presiding officers of the motor accident claims tribunals are not performing their judicial duty to decide the application under section 170 first and then pass an award within reasonable time, so that if the insurance company is .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1092; [2009(121)FLR83]; (2009)IIILLJ626All
..... first proviso under this section is relevant for the purpose, which is quoted hereunder:provided that no matter shall be processed before or by a commissioner, other than the commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the central government to the commissioner having jurisdiction over the area and the state government concerned.9. ..... so far as the question of jurisdiction is concerned, section 166(2) of the act, 1988 clearly speaks that the claim petition can be filed before the claims tribunal having jurisdiction over the area in which the accident occurred or within the local limits of whose jurisdiction the claimant resides or carries on business or within the limits of whose jurisdiction the defendant resides. ..... amit manohar, learned counsel appearing for the insurance company, contended before the court that the accident did not take place within the territory of state of uttar pradesh but within the territory of state of gujarat, therefore, passing of the order by the commissioner without any notice or intimation to the respective commissioner in the ..... , it is mandatory for the commissioner, who proceeds with the claim petition, having no jurisdiction over the area where the accident took place but on the basis of the residence of the claimants to give notice to the commissioner having jurisdiction over the area where the accident took place to avoid the fraudulent practice, if any. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All186
..... the defence of the applicant was that he had not been either rash or negligent and further that the accident had been occasioned because ofthe negligence of the deceased and his companions who were taking the cement laden thela. ..... the allegation also was that the applicant was driving fast and after having met with the accident the applicant did not stop his vehicle but attempted to run away. ..... the case for the prosecution was that the accident was occasioned because of the rash and negligent driving of the applicant. ..... the courts below, on the evidence produced in the case, came to the conclusion that the applicant was negligent and that the accident was occas-sioned because of such negligence. ..... it appears to me that the court below came to hold the view that the trucks were being driven at a fast speed because the applicant did not stop his bus after the accident but attempted to run away from the scene of the accident at a fast speed. ..... the lower appellate court has stated thus: 'if the trucks had not been driven at a fast speed accident could have been avoided.'10. ..... in my judgment the court should not have taken into account the speed which the applicant developed after the accident to judge the speed at which he was driving the truck prior to the accident. ..... it is well known that ib is a common human failing, however reprehensible it may be, for a man to attempt to run away if he has committed an accident.11. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002ACJ1969; 2001(1)AWC848
..... in the case in hand, the appellant having failed to adduce any evidence to the effect that the vehicle at the time of accident was being driven by a person who was not authorized and had no valid licence to drive the vehicle, did not discharge the onus to prove the aforesaid fact and as such, this plea is not ..... further been held that unless it is established on materials on record that it was the insured who had wilfully violated the conditions of 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 liability in view of sub-section (1) of section 96 of the act. ..... , (i) that the driver who was driving the vehicle in question at the time of accident was not having valid licence ; (ii) that the income of the deceased has not correctly been assessed and calculated ; and (iii) that the multiplier has wrongly been applied by ..... also been proved that the death of deceased was caused on account of road accident on 19.3.1993 due to rash and negligent driving of the truck in question. ..... under section 173 of the motor vehicles act has been filed against the award of the motor accidents claim tribunal, ferozabad, dated 16.12.1998 in claim petition no. ..... the death of the deceased caused on account of accident due to rash and negligent driving of the truck in question which was covered under the policy of insurance, having fully been proved, the appellant cannot escape the liability so far the .....
Tag this Judgment!Court : Allahabad
Reported in : I(1984)ACC386; AIR1984All119
..... this is a claimant's appeal against the award of the motor accidents claims' tribunal, sitapur, dated 7-2-1979, awarding a sum of rs. ..... the motor accidents claims' tribunal on appraisal of the evidence on record held that the accident occurred on account of rash and negligent driving of the vehicle and the state was responsible for the act of its employee and as such it was liable to pay compensation to the claimants. ..... pecuniary loss, increments and promotions should be taken into account but in the instant case, there is no evidence at all on record to show as to what was the scale of salary in which the deceased was working on the date of accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001ACJ1438; 2001(2)AWC1234
..... the tribunal on considering the evidence of the parties has recorded a finding of fact that accident took place due to rash and negligent driving of the driver of the car. ..... the tribunal on considering the evidence of the parties held that accident took place due to rash and negligent driving of the car in question and there was no negligence on the part of the claimant. ..... negligence is only one of the species of the causes of action for making a claim for compensation in respect of accidents arising out of the use motor vehicles. ..... this appeal has been directed against the judgment and award dated 21.2.1990 passed by motor accident claims tribunal/iind a.d.j.. ..... act, a victim in an accident which occurred while using a motor vehicle, is entitled to get 'compensation from a tribunal unless any one of the exceptions would apply. ..... compensation on account of accident arising from the use of motor vehicles can be claimed under the common law even without the aid of a statute. ..... a question was posed in the said case even if there is no negligence on the part of the driver or owner of the motor vehicle, but accident happens while the vehicle was in use, should not the owner he made liable for damages to the person who suffered on account of such accident? ..... meerut in motor accident claim case no. ..... fletcher, 1861-1873 aer 1, can apply in motor accident eases. ..... 12% per annum on account of injury sustained by claimant in motor accident.2. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1985)ACC392; [1987]61CompCas3(All)
..... learned counsel for the respondent, on the other hand, submitted that there is nothing in the motor vehicles act or any other provisions or principles which may indicate that in cases of fatal accidents the claimants are not entitled to damages on account of non-physical injuries or what has been described as non-pecuniary damages in various decisions.10. ..... veluswami [1961-62] 20 fjr 503; air 1962 sc 1, in which their lordships of the supreme court observed that in assessing damages in cases of fatal accidents, a number of imponderables enter but, shortly stated, the general principle is that in such cases, damages are ascertained only by balancing on one hand the loss to the claimants of the future pecuniary benefit and, on the other, ..... it was urged, relying on several decisions of this court, the supreme court as well as other high courts that in cases of fatal accidents, the claimants are not entitled to any compensation on such considerations as love, affection, mental agony or similar considerations. ..... claim was contested by the appellant as well as the owner and driver of the truck who denied that the accident was caused by any rash or negligent act on the part of the driver of the truck. ..... it was argued that in so far as cases where the accident has resulted in death are concerned, the claimants are entitled only to claim loss of pecuniary benefit to which they would have been entitled had the accident not resulted in the death of the person through whom the claim i-s pressed .....
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