Court : Allahabad
Reported in : AIR1982All310; [1984]56CompCas396(All)
..... for, otherwise, if the claimant is compelled to institute hisclaim before the tribunal only against the owner and driver of the vehicle and insurer and is left to sue the remaining persons responsible for the accident the adjudication cannot be said to be complete and final.under the circumstances, the only reasonable interpretation which has appealed to us is that suggested by the learned counsel for the claimants, namely, that the claims were ..... as projected by these provisions, that the claims tribunal constituted under the act is empowered to adjudicate upon all claims for compensation in respect of accident involving the death or the bodily injury to persons, where the accident arises out of the use of a motor vehicle and that in awarding compensation in respect of such an accident the claims tribunal is empowered to award compensation not only against the insurer and the owner and the driver of the motor vehicle ..... ) the gauhati high court has observed that in view of section 110-b of the act there was no scope for inclusion of railway administration in proceedings before the claims tribunal and that if it was proved that the accident arose out of any negligence or rashness in the use of the motor vehicle the petition will succeed -- otherwise it will fail. ..... the tribunal may hold the driver of the motor vehicle wholly at fault and responsible for the accident and on that ground award compensation against the owner of the motor vehicle or the driver or the insurer. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC339
..... in the absence of any evidence in rebuttal the tribunal was quite justified in holding that the accident took place due to the rash and negligent driving of the truck.10. ..... it is not disputed that the cycle was damaged in the accident and the tribunal has not given any good reasons for refusing the sum of rs. ..... the evidence shows that the accident took place due to the rash and negligent driving of the truck. ..... after considering the evidence on the record the motor accidents claims tribunal awarded a sum of rs. ..... it was said that the accident took place due to the rash and negligent driving of the truck. ..... this is an appeal under section 110-d of the motor vehicles act against the award dated 7th april 1976 made by the motor accidents claims tribunal (ix addl. ..... at the time of accident he, maha narain and guru prasad were going on cycles and he was ahead of them. ..... in fact he joined duties after five months of the accident. ..... 200/- and the cycle was severally damaged and became completely useless after the accident. ..... an accident took place in which ram adhar pal received serious injuries. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All571
..... if the car had been proceeding at 35 or 40 miles per hour and had collided with the ekka, the brakes being applied only a yard or two away from the scene of the accident, the oar would have broken the ekka to pieces and knocked the ekka and the horse down, which is not stated, and further the car would have proceeded for a distance of 20 ..... motor vehicles manual which requires that where an accident has occured to any person, the drivershall render to such person such assistance as may be reasonably possible, and if the accident has been attended with injury...shall further report the accident without delay to the nearest police station, or after conveying, where necessary, the injured person to hospital, at the police station ..... the distance from the club gate to the scene of the accident is considerable and the learned sessions judge states that it is ..... a witness chironji lal had his back to the accident and was cycling along the same stanley road about 80 yards from the scene of the accident when he heard the noise and turned round, but of course as the car had then stopped he does not say anything about ..... made two detailed reports on the day following the night of the accident, i do not think he failed to comply with the rule ..... many of the inhabitants of allahabad are familiar with the limits of the different police stations or that they would be able to ascertain which was the correct police station to approach when an accident happens at night at a place far from their residence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All480
..... it appears to me that the fact that the owner of a motor vehicle has not got himself insured against third party risks cannot lead to the result that in the event of his death after a motor accident or some such event giving rise to a claim for compensation against him, the causes of action for that claim shall not survive on his death against his estate. 11. ..... going into the basis for the above doctrine, it would be sufficient for the purposes of the present case to read section 306, succession act, 1925, and to see whether the case of an injury occasioned by a motor accident is taken out of the clutches of the rule enacted by that provision by anything contained in the motor vehicles act, 1939, particularly section 102 of chap. ..... longer survive, it is sufficient to say that on a detailed consideration of the evidence on the record, the trial court found on issue 3, that the accident was caused by the breaking down of the spindle of the left front wheel of the motor bus, and the driver of the vehicle was able to avert a major accident by his presence of mind and could not thus be said to be at fault, but that the bus was not in an efficient and sound condition ..... on the first two points which the lower appellate court took up together for consideration, it accepted the case that the accident was caused by the breaking down of the spindle of the left front wheel of the motor bus, but that it was of the view that it was not a case of res ipsa loquitur, and observed as follows :--' .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC193
..... the tribunal did not accept the applicant's version regarding the manner in which the accident took place and held that the accident took place on account of the motor-cycle having been turned towards the right and not towards the left ..... this is an appeal under section 110-d of the motor vehicles act against the award dated 1.2.1977 made by the motor accident claims tribunal, rampur (i additional district judge, rampur) dismissing an application for compensation with costs on parties.2. ..... 1, shanker, the driver of the bus also shows that at the time of the accident the motor-cycle was on the kachchi patri of the right side. ..... there was no other traffic on the road and the accident could have been averted if the driver had acted like a reasonable or prudent person ..... 4 virendra jolly on the basis of the information received from the persons present at the time of the accident including his brother vijay jolly and the applicant. ..... 55, the supreme court held that mounting highway accidents demand to a new dimension to the law of torts through no fault liability and simplicity in compensation claim cases ..... 1 shanker could not avoid the accident, he stated 'accident ki jagha par dayeen ko jagha th par fasla kahan rah gaya tha jo main bachata' ..... he did not state that the place of the accident was not visible to him before he reached there ..... that the visibility at the place of the accident was at least upto a distance of 50 yards and the bus driver could have easily seen the mother cycle standing there .....
Tag this Judgment!Court : Allahabad
Reported in : 2001ACJ1869
..... the claimants/appellants, however, filed claim petition on 27.11.1981 along with an application under section 5, limitation act for condonation of delay contending that a criminal case regarding accident was pending against the driver and the mother of appellants was advised to file petition after decision of criminal case and that the claimants-appellants were minor and one of ..... on the above pleadings of the parties, the tribunal framed necessary issues and on considering the evidence of the parties held that though the accident took place on 25.4.1977 and the petition was filed on 27.11.81, but the proviso to sub-section (3) of section 110-a of the motor vehicles act, 1939 authorised the tribunal to entertain the claim petition after ..... . if he had not filed any petition for claim till 14.11.1994, in respect of the accident, which took place on 4.12.1990, in view of the amending act he became entitled to file such claim petition, the period of limitation having been deleted, the claim petition which has been filed and is ..... either before the tribunal, high court or the apex court, the appellant has been pursuing from tribunal to this court (supreme court). his right to get compensation in connection with the accident in question is being resisted by the respondents on the ground of delay in filing the same ..... this first appeal from the order against judgment/award dated 28.2.1983 passed by the motor accidents claims tribunal/2nd additional district judge, basti in claim petition no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009ACJ1151
..... were added by amending act 54 of 1994, were considered and it was observed:(16) it is evident from the above that section 163-a was never intended to provide relief to those who suffered in a road accident not because of the negligence of another person making use of a motor vehicle, but only on account of their own rash, negligent or imprudent act resulting in death or personal injury to them. ..... appearing for the appellant insurance company, submitted that the impugned award is liable to be set aside since the claimant was not entitled to any compensation as the accident had taken place on account of rash and negligent driving of the driver of the bus, which finding had been recorded by tribunal in the earlier awards made ..... in this case the owner of motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation as indicated in the second schedule, is to be paid to the legal heirs of the victim ..... any one of the above to suggest that section 163-a was intended to be available even in a situation where the accident in question had caused death or physical injury to none except the person who was rash and negligent in using the motor ..... by the passenger of the bus claiming compensation for the injuries sustained by him in the accident and the tribunal in both the cases held that the accident had taken place due to rash and negligent driving of the bus driver iqbal ahmad. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1995)ACC449; 1996ACJ179
..... this court has to decide the question whether the owner of the goats who accompanied them in the same truck, which met with an accident and the owner died, the truck owner would be liable to pay compensation to the heirs of the deceased or the insurance company with whom the vehicle was insured. ..... it is not disputed rather is admitted that matru lal carried his goats in the truck in question at the time when the accident took place and the liability of insurance company was fully on its account of the insurance policy taken by the owner of the truck in question.13. mr. ..... 3 that in case of goods vehicle, the policy of insurance shall cover any liability incurred in respect of any one accident, instead of death or bodily injury to the employees other than a driver not exceeding six in number being carried in the vehicle. ..... the reasoning for holding that non-impleadment of the other truck which after the accident during the night had fled away would not render the proceedings illegal in any manner. ..... so far as the second point urged by the learned counsel that the accident took place on account of the contributory negligence of the other truck which dashed against the truck in which the deceased had travelled with goats is devoid of merit. ..... he submitted that the non-joinder of the owner of the truck by which the accident was caused vitiates the judgment and award of the court below. .....
Tag this Judgment!Court : Allahabad
Reported in : (1887)ILR9All398
..... that class of authorities shows that in some cases, from the nature of the accident, it lies upon the defendant to account for the happening of the accident, and thus to show that he had not been guilty of negligence. ..... , 13, where the plaintiff, while walking in a street in front of the house of a flour-dealer, was injured by a barrel of flour falling upon him from an upper window, and where it was held that the mere fact of the accident without any proof of the circumstances under which it occurred was evidence of negligence. ..... but when the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the 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. ..... , 129, it is said: ' the mere happening of an accident is not sufficient evidence of negligence to be left to the jury, but the plaintiff must give some affirmative, evidence of negligence on the part of the defendant.'10. ..... in some cases the very happening of the accident may be prima facie evidence that some want of care or some negligence must have taken place to cause the accident, as was held by brett, j. ..... in such a case it lies upon the defendant to show how the accident actually happened.7. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All385; [1984]56CompCas421(All)
..... in their written statement the insurance company asserted that abdul ghani without the knowledge and consent or authority of justice ramabhadran took out the car for his own purpose and met with the accident and as abdul ghani was not the servant of justice ramabhadran at no time there was any relationship of master and servant and justice ramabhadran was not vicariously liable to pay compensation to the claimants ..... driver of a car taking the car on the master's business makes him vicariously liable if he commits an accident but if the servant at the time of the accident is not acting within the course of his employment but is doing something for himself the master is not liable ..... claim petitions under section 110-a of the motor vehicles act,1939, were filed before the motor accidents claims tribunal, allahabad, oneby yogendra nath verma, father of thedeceased pramod kumar, claiming asum of ..... are two first appeals from order against the award of the motor accidents claims tribunal, dated 28-8-1975, which involve common questions of law and ..... appellant then urged that the owner of the the vehicle was not liable to pay any damages or compensation as abdul ghani was not authorised by the owner to drive the vehicle and the accident did not occur during the course of abdul ghani's employment. ..... abdul ghani a temporary peon who was working as orderly at his bungalow, had taken away the car out of the bungalow and drove the same on the public road, as a result of which the accident took place. .....
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