Court : Allahabad
Reported in : [1987]61CompCas794(All)
..... sudhakar, air 1968 mp 47, where a bus going ona clear and visible road at high speed, and there being no traffic near the place of accident, took a turn to the left for no apparent cause, went off the road and after dashing against two trees overturned, as a result of which some ..... the principle it must be shown that the car was under the management of the defendant and that the accident is such as in ordinary course of things does not happen if those who had the management used proper ..... this respect to be (at page 185) : ' ......that when a motor vehicle suddenly leaves theroad, mounts the pavement or crashes against an offside tree, or falls down an embankment and meets with an accident resulting in death, the fact that it went off the road is, without more, per se proof of negligence. ..... lays down (at page 1739) : ' where the maxim is applied, the burden is on the defendant to show either that in fact he was not negligent or that the accident might more probably have happened in a manner which did not connote negligence on his part. ..... is well settled that the maxim res ipsa loquitur applies whenever it is so improbable that such an accident would have happened without the negligence of the defendant ' that a reasonable jury could find without further ..... the record place this case under the principle of res ipsa loquitur and the burden, therefore, lay upon the other side to prove that the accident took place without the truck driver being negligent or despite his taking reasonable care. .....
Tag this Judgment!Court : Allahabad
Reported in : II(2001)ACC667; I(2002)ACC606; 2002ACJ606; 2001(2)AWC1605
..... raju and another, jt 2000 (4) sc 207, has held as under:'we have to give effect to the real purpose to the provision of law relating to the award ofcompensation in respect of the accident arising out of the use of the motor vehicles and cannot permit the insurer to give him right to defend or appeal on grounds not permitted by law by a backdoor method. ..... the motor vehicles act is a social welfare legislation and has been enacted with a view to protect the interest of the dependants of the deceased who died in motor accident on account of which the dependants suffered irreparable loss and thus, the award made in favour of the dependants cannot be defeated on technical grounds and the appellate court may not interfere with the award on these ..... the learned tribunal having appreciated the evidence on record, found that the accident took place due to negligent and rash driving of the tanker's driver on account of which the deceased received fatal injuries which ultimately resulted in his ..... 191 of 1997 before the motor accident claims tribunal, kanpur nagar, claiming compensation of ..... it was also alleged that the accident took place due to rash and negligent driving of the driver of the ..... appeal arises out of the award of the motor accident claims tribunal, dated 31.10.1998 given in motor accident claim case no. ..... the factum of accident and findings of the learned tribunal regarding age of the deceased and his income have not been disputed before ..... 3.1.1997, met with an accident near st. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC288
..... if the circumstances are such that a reasonable man would have foreseen the probability of the accident, then the truck driver, who failed to do likewise or who envisaged it and rejected it as too remote a chance, must be regarded as having been negligent. ..... llearned counsel for the claimant argued that on the material placed on the record, it is clearly borne out that the accident took place due to negligence of sobaran singh, the driver of the truck in question. ..... this appeal under section 110-d of the motor vehicles act is directed against an award of the motor accident claims (iii additional district judge) aligarh dated 6th november, 1977.2. ..... consideration being had to the above, i find it established that the accident took place on account of the negligence of the dw sobaran singh the truck driver.7. ..... in case such care will have been observed in the present, the accident may have in all probability been avarted.6. ..... there appears no dispute in regard to the photography of the relevant spot where the accident occurred. ..... the claim was resisted refuting that the accident occurred. ..... the accident giving rise to this proceeding occurred on august 30, 1973 around 10.00 a.m. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC489
..... this is an appeal under section 110-d of the motor vehicles act against the order dated 2nd march, 1978 passed by the motor accident claims tribunal (vith additional district judge), meerut dismissing the claim petition with costs on parties.2. ..... the claim was contested by respondents mainly on the ground that the accident did not take place on account of the rash and negligent driving of the bus but due to the own negligence of the deceased. ..... the tribunal considered the evidence adduced by the parties and held that the claimant failed to prove that the accident took place due to rash and negligent driving of the bus. ..... his attention may have been diverted after the accident and it may be that he has come forward to depose on account of being an employee in the same factory.10. ..... it was alleged that the accident took place due to the rash and negligent driving of the bus, by respondent no. ..... 3, amrit sagar are the two witnesses of the accident examined by the claimant. ..... the learned counsel for the appellant submitted that the tribunal erred in dis-believing claimant's version regarding the accident. ..... that if the deceased tried to board the bus after the bus had moved and the conductor had closed the door, the driver and the conductor could not be held responsible for the accident. ..... he came under the rear wheel of the bus and died as a result of the accident. ..... mohan meakin breweries, mohan nagar, ghaziabad on grand trunk road, one hari singh met with an accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1991ACJ858
..... by this amendment act where a death or permanent disablement is caused to any person as a result of an accident by a motor vehicle, the owner of the vehicle becomes liable to give statutory compensation because of no fault ..... section 92-a of the act the owner can be saddled with the liability of payment of compensation if he admits that his vehicle was involved in the accident or the fact is prima facie established from the material on record. ..... the recording of evidence is necessary only where the accident by respondent's vehicle is disputed but in other cases only the material on record is enough to warrant an order under section 92-a of the ..... road transport corporation was not involved in the accident and it might have been some other vehicle. ..... the situation may arise in cases like the present one where the accident itself has been disputed by the respondents. ..... such a situation what the tribunal is required to do is to hold a summary inquiry and arrive at a conclusion as to whether the vehicle of the respondent owner was involved or not in the accident and whether the accident did take place. ..... petition under article 226 of the constitution is directed against the orders dated 13.10.1987 and 29.10.1987 passed by the motor accidents claims tribunal, bijnor im misc. ..... such proceedings, the defence available under section 96 of the act is not available excepting where the very fact of the accident is denied. ..... defence of the respondents was that their bus was not involved in the said accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1988)ACC130
..... they have filed a joint written statement contesting the claim and according to them the car was not being driven rashly and negligently but the accident occurred as the claimant suddenly came in the middle of the road and despite honking the horn, he did not move away. ..... on the evidence led by the parties, the claims tribunal came to the conclusion that the accident was caused on account of rash and negligent driving by dhani ram and that all the three the owner, the driver and the insurer were liable for payment of compensation. ..... the learned counsel for the parties and on the perusal of the award of the tribunal, it is quite evident that all the materials and facts have been properly considered by it in arriving at the conclusion that the accident had taken place due to negligent and rash driving by driver dhani ram. ..... since he was aged 35 years at the time of the accident, the tribunal fixed the compensation amount at rs. ..... it is accordingly held that the accident took place on account of the negligence and rashness on the part of the driver.6. ..... at the time of the accident he had two minor daughters and one minor son the daughters had now come of age and have to be married. ..... when the brakes were applied, they failed and despite best efforts the accident took place.3. ..... the accident took place when roshan lal injured, who is an ice candy hawker, was going with histrolly on the road when he was hit from behind by car no. ..... in an accident which occurred at about 11-30 a.m. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1987)ACC410
..... evidence of pw 1 itself, it is established clearly that the tractor of the appellant was involved in the accident and that it was further driven by a person shiv narain who did not hold a valid licence. ..... a first appeal from order filed under section 110-d of the motor vehicles act against the judgment of the motor accidents claims tribunal, gorakhpur, dated 28th may, 1986, by which the claimant mohammad isha, respondent no. ..... not find any legal infirmity in the finding recorded by the lower court in regard to the fact that the tractor of the appellant was involved in the accident and that it was driven by shiv narain who did not hold a valid licence.11. ..... for the appellant have vehemently contended that, in-fact, the tractor of the appellant was not involved in the accident and, as such, the entire claim decreed against him is not maintainable. ..... and 2, namely, whether the claimant received injuries in the accident on account of rash and negligent driving of tractor no ..... the other witnesses of the accident have actually become hostile in the criminal case pending against the appellant and, as such, they could not be produced in support of ..... on 9th september, 1982, an accident occurred near terhwa at maharajganj-pharenda boad, mohammad isha was then a student of class x, aged about ..... by its driver shiv narain and whether the aforesaid tractor was never involved in the accident.6. ..... was denied by the appellant on the ground that, in fact his tractor was not involved at all in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC213
..... this appeal under section 110-d of the motor vehicles act is directed against the judgment of the motor accident claims tribunal (district judge, banda) dated 3rd november, 1977.according to the appellants case on january 24, 1975 around 5 ..... the tribunal recorded the finding that the appellant had failed to establish that the accident took place due to the impact of the bus in question hence no question of claim on his part for any compensation on this ..... for the appellant has taken me through the evidence on the record and contends that on the basis thereof including the pleadings of the parties it may be said to be fairly established that the accident took place as a result of the impact made by the bus aforementioned. ..... the appellant has given his version relating to the accident in the claim petition and also the statement given ..... to the above, i find upon the evidence placed on the record and the attending circumstances established satisfactorily that the accident resulted due to the impact of the bus in question.9. ..... pleadings on the side of the respondents including paragraph 5 of the written statement submitted by the driver it could appear to be manifest that there was some accident resulting in injuries caused to the appellant at the moment. ..... the intervening period between the accident and the lodging of the report is reasonably explained from the fact that the appellant was first taken to the hospital and it is there that the appellant's brother as he testifies got the report .....
Tag this Judgment!Court : Allahabad
Reported in : 1996ACJ978; [1996]85CompCas621(All)
..... old act also says that the tribunal is entitled to make an awardunder section 92a as soon as it comes to the conclusion that the vehicle of the owner which was involved in the accident was insured, the correctness of the other objections by the owner or the insurance company should be decided thereafter. ..... theinterim compensation has been granted after finding that the vehicle atthe time of accident although insured, but the number of persons carriedat the time of accident was 36-37, much beyond the permissible limits.thus, the tribunal was justified in awarding the interim compensationpayable by the appellant, ..... 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 ..... persons were travelling in the vehicle at the time of accident which is beyond the prescribed limit of persons to be carried ..... is that the liability for payment of compensation under section 92a of the motor vehicles act, 1959, was solely on the insurance company provided it is proved that the vehicle in question by which the accident took place was insured. ..... orders are directed against the interim award of the motor accidents claims tribunal awarding an amount of rs. ..... company for payment of compensation..learned counsel for the appellant referred to the finding recorded by the tribunal in the present case that the number of persons carried in the vehicle at the time of accident was about 36-57 persons. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003ACJ486; 2002(3)AWC2168
..... his lordship then was) held that the benefit of section 124a would be available even where the accident had taken place on 26.7.1988, which was long before the amending act had come into operation.12. ..... accidental falling of any passenger from a train carrying passenger which is included in the definition of 'untoward incident' as given in section 123(c) of the railways act came to the statute book on 28.4.1994, which is subsequent to the accident which took place on 7.2.1994 and, therefore, the claimants are not entitled to any compensation. ..... sri lalji sinha has next contended that expression 'untoward accident', which includes the accidental falling of any passenger from a train carrying passengers, was inserted by the railways amendment act, 1994 on 28.4.1994 and as the accident took place on 7.2.1994, the claimants were not entitled to compensation under section 124a of ..... used in section 124a of the act is couched in a very wide and general terms and is not restricted to take within its embrace only such accidents wherein a passenger has been injured or killed subsequent to that date.9. ..... the language of section 124a of the railways act to suggest that the liability of the railways to pay compensation to the dependants of the passenger is restricted one and they are liable to pay compensation only if the accident occurs after the enforcement of the amending act on 28.4.1994. ..... here, the accident took place on 7.2.1994 and the claim petition was filed within the period of limitation .....
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