Court : Allahabad
Reported in : (1998)2UPLBEC1183
..... tendency, if at all, may be curbed by interpreting the expression 'death' as physical death for the purpose of rules of 1974 and the death of a person whose body is not found or is traced out, but he has lost his life in an accident of road, water, or air or any tragedy of the type mentioned above. ..... for example, if it is established that a person lost his life in a road, water of air accident or in a tragedy resulting from out-break of fire or the like and the dead body is not recovered; in that event after the expiry of the period of 7 years, the date of death may be presumed to be the date of the accident or the tragedy. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005ACJ470; AIR2003All234
..... rule 207 provides that if the application is not dismissed under rule 206, the claims tribunal shall send to the owner of the motor vehicle involved in the accident and its insurer, a copy of the application together with a notice of the date on which it will hear the application, and shall call upon the parties to produce on that date any evidence which ..... making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be section 158(6) of motor vehicles act, 1988 provides that as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer in charge of the ..... question whether restoration of restoration application is concerned, the power may be found under section 151, cpc and is also spelled out of the provisions of the act, which provide for motor accidents claims tribunal as a special tribunal for remedies which earlier lied in a action for compensation based on torts. ..... was created for speedy and simplified remedy, of compensation to accident victims or their dependants and provisions for losses and expenses. ..... allowing applications filed under sections 151, 152 and 153, cpc, proving for recall of orders on the ground of revelations of new facts that injuries were not suffered due to accident, held in para 16 as follows :--'16. .....
Tag this Judgment!Court : Allahabad
Reported in : (1973)ILLJ387All
..... the employer shall not be so liable-(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to-(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing ..... the employer shall not be so liable-(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding seven days ;(b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to-(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing ..... it was held that if a workman, in order to get to the actual place of work, had to enter and leave premises or areas on which otherwise he had no right to be and no reason for being, and, if an accident happens while the workman is so trying to get to his actual place of work, it is related to the employment, because it was part of his duty both to go to and to proceed from the work which he is employed to do.26. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All132
..... its special risks to which only those who have business at the harbour are exposed, seems to me to have come with the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment which he would not have encountered but for his employment.'48. ..... its special risks to which only those who have business at the harbour are exposed, seems to me to have come within the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment which he would not have encountered but for his employment. ..... ', (1917) ac 479 (c).from what has been said above, it would appear to be a legitimate corollary that what may be called environmental accidents, that is accidents resulting from the surroundings in which the workman is employed or through which he has to reach his place of work in order to carry out his obligations to his employer, ..... ' thus where a workman is injured when he is on his way to or from his work, courts have in appropriate cases held that the accident arose in the course of his employment, the principal point to be regarded in such cases being whether he was doing something which was implied in his contract or in other words whether ..... stated above, i have come to the conclusion that the respondent's injuries were not caused by an accident 'arising out of and in the course of his employment' and therefore the employer is not bound .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All323; [1963(7)FLR124]; (1964)ILLJ126All
..... mumtaz begum, air 1952 nag 20 the question that fell for consideration was whether the injury to the chest of a workman by accident had contributed to or accelerated the contraction of tuberculosis and as it was not capable of answer on the material on the record the case was remanded for bringing on record the ..... if there had been any such evidence then it may have been possible for the opposite party to contend that the accident on the 4th april 1958 had nothing to do with the total loss of eye sight in the right eye,and that it was due entirely to the disease from which the appellant was said to be suffering. dr. ..... the commissioner, however, fell into an error in posing the question, which according to him had to be answered, in these words:'the accident is admitted by the parties and it is also admitted that a small particle fell in the eye of the applicant and there was some injury and ..... there must be some relation of cause and effect between the employment and the accident, as well as between the accident and the injury.....this man died from the rupture of aneurism, and 'the death was caused by a strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... the relevant portion of section 3 of the workmen's compensation act runs:'(i) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this .....
Tag this Judgment!Court : Allahabad
Reported in : 2008ACJ1624; AIR2007All122; 2007(2)AWC2050
..... new motor vehicle act, the period of limitation cannot be introduced by way of interpretation by applying the cut of date of commencement of amended act to exclude the claim of compensation in respect of accident which occurred prior to the date of commencement of the aforesaid provisions of amendment act or in respect of the claims which were pending on the date of commencement of the act thus providing ..... motor vehicle act will apply even in pending cases before claims tribunal as well as in pending statutory appeals at higher forum including this court, irrespective of the fact as to whether accident occurred prior to the date of commencement or on or after the date of commencement of the aforesaid provisions of act, accordingly, we hold that even assuming that the provisions ..... motor vehicle act the claimants are required to plead and prove the negligence in use of motor vehicle or if the outside agency is found to be solely responsible in causing the accident involving the death or bodily injury to persons or damage to any property of third party so arisen or both, the claimants would be divested from claiming compensation under the ..... under section 110 as well as the cases in which it shall have no jurisdiction to entertain the petition at the very threshold or subsequently on a finding that the accident was not caused by the use of the motor vehicle but solely by some outside agency. 15. the upshot of the above discussion, therefore, is that the claims .....
Tag this Judgment!Court : Allahabad
Reported in : [1983]53CompCas676(All)
..... by the workmen's compensation act or in respect of the liability against the death or bodily injury to persons while being carried as passengers or while entering, mounting or alighting from the vehicle at the time of the accident but this exception will not apply in the case of a vehicle in which passengers are carried for hire and reward or under a contract of employment. ..... as soon as the truck was seen moving at a fast speed and the driver of the mini-bus found that there is no chance of avoiding the accident, he perhaps tried to apply brakes and tried to turn the vehicle to his right to gain some space and time but this device did not help him and the ..... the motor vehicles act, the claims tribunal can only adjudicate upon the claims for compensation in respect of the accident involving death of, or bodily injury to, persons arising out of the use of motor vehicles in a public place, ..... payable by the insurance company on the basis of the contract of insurance and the mere fact that the death of the insured in a particular case has been caused on account of an accident involving the use of a motor vehicle will not make any difference at all. ..... company, it hardly needs to be said, does not amount to compensation in respect of an accident involving the death of a person arising out of the use of a motor vehicle. ..... 2.50 lakh on account of the death of her son, sri krishna kumar bhartari, in an accident which took place on 11th may, 1971, near the crossing of mal road and the cariappa .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC208
..... that the respondents' vehicle was static and was parked at the extreme left of the road and the door of the vehicle was not the cause of the accident, then it was the scooterist's error of judgment or he may have been forced into such a situation by some other vehicle or object as discussed above. ..... the theory that the car was suddenly stopped and the driver's door was suddenly flung open which caused the accident is wholly unbelievable, the reason being that the scooter made an impact on the rear right fender of the vehicle and then made a mark on the rear right door ..... further contended that the tribunal had not considered that the driver of the vehicle had knowledge as to how the accident took place and the burden lay on him to explain the same and the tribunal had not considered this aspect ..... it is too much to expcet that the occupant of the car at the time of their impact would be able to see the accident for if she was sitting in the car whether in the front seat or in the rear seat she would be at the most watching the front and more likely to ..... having considered the respective contentions and perused the material on record carefully we have no manner of doubt that an accident took place between the scooter of the deceased and the static vehicle of the respondents 1 and 2 on the date and ..... a contact with the right rear fender of the static vehicle is indicative of the fact that the accident was not caused by the alleged opening of the right front door but due to something else.9 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All10
..... singly or taken together, there is any obligation laid down upon the district board to make repairs of the road, an obligation which would furnish a cause of action to a passer-by on the road in case he meets with an accident on account of the neglect of repair by the highway authority; and, this being so, it is clear from the facts found in this case that the plaintiff cannot sustain this action.8. in an earlier portion of the judgment, we ..... drains or premises vested in it, or whenever any public roads water channels, drains or premises vented in it have, for want of repairs or otherwise, become unsafe for use by the public, take all necessary precautions against accident by--(a) shoring up and protecting adjacent buildings ; (b) fixing bars, chains or posts across or in any road for the purpose of preventing or diverting traffic during such construction or repair, and (c) guarding and providing with sufficient ..... if this section had stood alone, it would have furnished no cause of action to any individual rate-payer or to any individual passer-by on a public highway within the district of budaun to maintain an action for any accident with which he met and for any loss which was caused to him in using the highway as a result of neglect of repair of the highway. ..... that the bus had made a journey of about 30,000 miles when it met with the accident and was burnt and that the cause of the accident was the bad condition of the road which the district board was under obligation to keep .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All61
..... section 110, motor vehicles act, 1939, authorised the state governments to appoint a person or a body of persons to investigate and report on accidents, involving the death of or bodily injury to any person, arising out of the use of motor vehicles and the extent to which their claims to compensation had been satisfied and to advise and assist such persons ..... in view of the proviso to sub-section (3) of section 110-a, the claims tribunal has jurisdiction to adjudicate upon claims in relation to accidents which may have occurred more than 60 days to the institution of the claim, provided the tribunal is satisfied that there was sufficient cause for ..... civil court only during the 10 days, that is, till the constitution of the tribunal, though the period of limitation is much more, for a suit for compensation in the civil court; and, since the accident occurred prior to the establishment of the tribunal, the tribunal is debarred from entertaining the claim. ..... no express words, nor do the used words raise an implication of any restriction as to the time of the occurrence of the accident, before the claim for compensation in relation to it could be within the jurisdiction of the tribunal. ..... to sub-section (3) clearly authorises the claims tribunal to entertain as well as to adjudicate upon questions relating to a claim for compensation even if they are made beyond sixty days of the occurrence of the accident, provided the tribunal is satisfied that there was sufficient cause for the delay. .....
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