Court : Allahabad
Reported in : 2006ACJ2468
..... determine the claim under section 168 in respect of each of the claims specifying the amount which appear to it to be just and proper to be paid to them by the insurer, owner or driver involved in the accident or by all of them, but the tribunal has acted against the spirit of the aforesaid provisions as it has directed payment to the son also who was not a claimant before the tribunal. ..... -section (1)(c) of section 166 of the motor vehicles act, 1988 provides that an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made by all or any of the legal representatives ..... he further submits that under law any of the legal representatives of the deceased who died in the motor accident can file the claim under the provisions of the motor vehicles act, 1988 and as such the tribunal did not commit any error in law or on facts in entertaining the claim ..... proof of age and amount of salary of the deceased is concerned, suffice is to say that the service book and pay slip had been filed by the claimant wife before the motor accidents claims tribunal which contain the said information apart from oral evidence in the case. ..... in the aforesaid case testimony of sole eyewitness of a girl aged about 4 years at the time of the accident and 6 years at the time of deposition before the trial court that appellant inflicted fatal knife blows on the deceased was held to be truthful and corroborated in material particulars for conviction of .....
Tag this Judgment!Court : Allahabad
Reported in : 1996ACJ342; AIR1996All188
..... we are of the view that in view of the discussion we have already made above, it is not necessary for us to deal in detail the facts of 'the case, as we are satisfied that the accident claims tribunal has recorded findings on the basis of evidence on record and has rightly held that the accident has been caused due to negligence of the driver of the truck and in both the aforesaid cases, the claims tribunal has properly determinedcompensation ..... of routine in every appeal the opposite parties are called upon to appear in this court, this will be defeating justice and putting hardship on those poor persons who have either been injured in motor accident or the heirs of the deceased who are already imperilled due to the death of bread winner of the family.21. ..... judicial officers has stated:'this is again a fact that those who are mainly the victims of motor accidents are from lower or middle strata of society; they are the persons who are on roads as pedestrian, on cycle, scooters, motor ..... enquiry in the matter and giving award on the aforesaid basis, the logical conclusion is, that the provisions of the act for awarding compensation in the motor accidents claims cannot be equated with a regular suit tried under the provisions of c.p.c.14. ..... in the facts of the case it was established from the record that it was a case of contributory negligence and as such, the claims tribunal was in error in recording a finding that the accident was caused due to rash and negligent driving of the truck. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1989All80
..... it appears that thetribunal was right in recording the findingthat physical pain and mental agony causedto him in the accident in question wouldcertainly shorten his life by nearly ten years.he had become permanently disabledthroughout the rest of his life ..... oriental fire and general insurance company limited is allowed in part, and the award of the motor accidents claims tribunal, fatehpur, dated 21-2-1979 is modified to this extent that the liability for payment as ..... suggest that you can by any arithmetical calculation establish what is the exact amount of money which would represent such a thing as the pain and suffering which a person has undergone by reason of an accident.....but, nevertheless, the law recognises that as a topic upon which damages may be given.' 23. ..... that lalta prasad srivastava was responsible for contributory negligence to the accident and also contended that the amount claimed was excessive and ..... in other words, it will not be entitled to contend that the accident did not result on account of the negligence of the truck driver or the insured, but due to carelessness of the person receiving injury ..... three connected appeals arise from the judgment of the motor accidents claims tribunal, fatehpur, dated 21-2-1979, deciding claim petition ..... rohtash chandra gupta denied that the accident occurred due to the negligent driving of the truck by rama shanker sharma, and further alleged that on account of shiv ratri day there was huge crowd on the road, and that lalta .....
Tag this Judgment!Court : Allahabad
Reported in : II(1995)ACC199
..... section 92-a, in my opinion, was a bend of prospective as well as retrospective enactment and so is section 140 of the motor vehicles act, 1988 and in absence of any expression therein to indicate that the section shall apply to an accident taking place only after its introduction the provision has to be applied in presentee in respect of matters pending before tribunals or courts of appeal as well as in respect of all claims subsisting on the date of coming into force of the provision ..... learned counsel appearing for the appellant urged that section 92-a of the act is retrospective in nature and the amount of compensation payable on principle of fault in respect of death and permanent disablement resulting from an accident arising out of the use of motor vehicle can in no case be less than what is prescribed by section 92-a of the act corresponding to section 140 of the motor vehicles act, 1988 in no-fault' cases. ..... be liable to pay compensation' used in section 92-a(1) are, in my opinion, of wide amplitude and comprehensive enough to cover all cases of future payment of compensation in respect of death or permanent disablement where such death or permanent disablement 'has resulted' from an accident 'arising out' of the use of motor vehicle irrespective of whether the accident and the consequential death or permanent disablement has taken place before or after 1.10.1982, the date with effect from which section 92-a was inserted. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC484
..... the corporation contested the claim on the ground that there was no rash and negligent driving and the accident did not occur on account of any negligence of the driver, on the other hand the deceased died on account of his own contributory negligence, as such the claimant was not entitled to any compensation.3. ..... on appreciation of the evidence of the parties the tribunal held that the accident occurred on account of the rash and negligent act of the corporation as a result of which iqbal moonis died. ..... the mother of the deceased was aged about 60 years at the time of the accident and she is alive and now aged about 70 years. ..... kallu ram was not aware to the defects and as such he drove the vehicle and when the vehicle was passing through the markundi hills, the brake failed as a result of which the accident occurred, causing death of iqbal moonis. ..... these two first appeal from orders are directed against the award dated 20-3-1978 given by the motor accident claims tribunal, mirzapur awarding a sum of rs. ..... moonis, claimant, died in an accident while he was travelling in vehicle no. ..... the deceased would have survived for another 38 years and in that case his mother would have received benefit from him for another period of 15 years from the date of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1984)ACC173; [1986]59CompCas291(All)
..... if more than one person is injured during the course of the same transaction, each one of the persons has met with an accident.we are, therefore, of the opinion that the ambiguity in the language used by the legislature in the opening part of section 95(2) and the doubt arising out of the correlation of that language ..... sub-clause (2) deals with the extent of liability which must be covered by the insurer in respect of any one accident having regard to the kind of vehicle, its registered capacity to carry passengers and whether they are carried for hire or reward or ..... recorded a finding that both the truck and the bus driver were responsible for causing the accident, the entire amount of compensation could not be made payable by the appellant, being the insurer ..... of the opinion that it is appropriate to hold that the word 'accident' is used in the expression ' any one accident ' from the point of view of the various claimants, each of whom is entitled to make a separate claim for the accident suffered by him and not from the point of view of the insurer ..... be allowed to depend upon the type of vehicle which terminates a human life in a roadside accident, more if you are hit by a car and much less if one is unluckily hurt ..... the legislative policy also appears to be to ensure payment to victims of a motor accident and for this law has provided compulsory insurance up to a certain minimum so that owner's liability may be secured to that extent at least, the owner of the vehicle and the .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3733
..... according to a recent report, published in 'the indian express' of june 29, 2007, accidents occurred in hazratganj area of lucknow vis-a-vis other places collectively, are as under:year total no ..... appropriate measure be taken forthwith to prevent accident in the hazratganj area of lucknow and other accident prone places of the cities in the state of u.p ..... one more reason for cause of accidents at alarming rate appears to be installation of electricity poles covering roadsides, particularly in narrow lanes, by-lanes and roads of congested area ..... a traffic system which is' prone to accident and fatal to human life affects the quality and dignity of life as well the right to life ..... the object of legislation is to prevent accident and check the possible violation of traffic ..... thus, almost sixty accidents occur every day in case the newspaper report is ..... newspaper reports every day show vehicular accidents occurring in the state of u.p. ..... they will prone to accident in case the state failed to regulate the movement of traffic in a channelised manner keeping in view the letter and spirit of chapter viii of the motor vehicles act and other statutory provisions, coupled with the ..... high rate of accidents in urban areas, particularly in cities is also because of buses, taxies ..... of accidents accidents in hazratganj(centre of lucknow)2004 690 762005 714 702006 714 812007 339 45(till may)the aforesaid data shows sorry state of affairs relating to traffic management in the capital of the state of .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC211
..... any other provision of law to the contrary, he liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as direct result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompanying the passenger in his compartment or on the train, sustained as a direct result of such ..... of section 82-a, as it was proposed initially in the bill, the clear intention to be necessarily found from the amended section was that the legislative intent was that the dependants of any person killed as a result of railway accident, who was travelling in a train, were entitled to claim compensation irrespective of the fact whether he had or did not have a valid ticket or pass. ..... has been caused in consequence, particularly amongst the poorer classes, as dependants of those killed and injured in accidents due to sabotage for example, were unable to obtain any compensation for the loss they had sustained. ..... that even genuine passengers who had purchased ticket and did not possess them at the time of the accident occurring for one reason or the other, their dependants' claim for compensation was likely to fail. ..... the bill seeks to remedy this state of affairs by rendering railway liable to pay compensation 'in fall train accidents whether due to negligency or not, but to limit the liability in all such cases to a fixed sum in the case of any .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC393
..... the finding of the tribunal is that the road was wet and both the vehicles involved in the accident were being driven at a moderate speed, a finding which the learned counsel for the appellant made no attempt to question and one with which i entirely ..... on which considerable reliance was placed by learned counsel and regarding whom the claimant said that it was he who had brought him from the place of accident to mainpuri because the claimant was partially unconscious does not lend any support to the claimant. ..... in the case of prafulla chandra mohanty (supra), the finding was that at the time of the accident the vision was limited on account of the fact that there was a sudden bend so that the driver could not see any on-coming ..... petition was amended a number of times whereby besides giving particulars of the compensation the plea that the accident was caused by the rash and negligent driving of the bus was also sought to be introduced.4. ..... on the evidence discussed at considerable length by the tribunal no other conclusion except that the accident was caused dye to circumstances beyond the control of the drivers and not on account of any rash and negligent act on their part is ..... the plea of the insurance company was that the two buses involved in the accident were not insured with it and consequently it was not liable to pay any ..... it may also be pointed out that the plea that the accident was caused by rash and negligent driving was introduced more than one year after filing of the claim .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1988)ACC209
..... we have gone through the evidence and are of the opinion that the statements made by malik mishah ahmad (pw 5), mahboob alam (pw6), ahmad (pw 8) and akhtar aziz (pw 11) establish that the accident resulted due to negligence of the driver of uttar pradesh state road transport corporation bus no. ..... air 1977 sc 1189 the supreme court held that the factors like uncertainty of life and the facts of accelerated payment that the claimant would be getting as lump sum amount and but for the accident it would have been available in driblets over a number of years should be taken note of. ..... on the pleadings of the parties the tribunal framed the following four issues:(1) whether the accident took place due to rash and negligent driving of the motor bus no. ..... the learned counsel for the appellant-corporation challenged the findings of the tribunal and submitted that the evidence of the respondents did not establish that the accident occurred due to rash and negligent driving of its driver.7. ..... the tribunal held that the accident took place due to rash and negligent driving of the bus and, therefore, the uttar pradesh state was liable to pay the compensation ..... the petitioner been running the bus carefully the accident would not have occurred. ..... this appeal under section 110-d of the motor vehicles act has been filed by the uttar pradesh state road transport corporation against the judgment of the motor accident claims tribunal allahabad, awarding rs. ..... is due to his rashness that the accident took place.8. .....
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