Court : Allahabad
Reported in : 2004(2)AWC959
..... we must also take a note of sub-section (7) of the amended section 25o which provides that if there are exceptional circumstances or accident in the undertaking or death of the employer or the like, the appropriate government could direct that provisions of sub-section (1) would not apply to such an undertaking. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All519
..... charged here with breach of duty in failing to obtain or make an accurate valuation of actual securities) which they took after having accepted security by way of ornaments nor is it said that they failed to take care to prevent such an accident as may happen such as a sudden theft or a dishonest manager surreptitiously and suddenly removing a large quantity of such securities the charge against them substantially is that they carried on unprofitable business and allowed kedar nath mitra .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All306
..... not be said that when the deceased turned towards the road there was sufficient distance between him and the motor-cycle and the motor-cyclist could have avoided the accident by the exercise of requisite care and caution; hence it could not be said that reoti raman was guilty of negligence. ..... it inter alia provided that subject to the limits of liability the company would indemnifythe insured in the event of accident caused by or arising out of the use of the motor-cycle against all sums including claimant's costs and expenses which the insured shall (become legally liable to pay in respect of death or bodily injury ..... (2) of section 9-5 of motor vehicles act a policy of insurance shall cover any liability incurred in respect of any one accident in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all. ..... being driven rashly or negligently by reoti raman; rather the accident took place because mahesh vijai singh, the deceased, abruptlyturned towards the road and the distance between him and the motor-cycle was not such that the driver could have avoided the accident, further, it was held that reoti raman had no licence on the date of the accident because he had not renewed his learner's licence. ..... vijai singh was about 58 years old at the time of the accident in normal conditions mahesh vijai singh would have survived for some more ..... also obtained a learner's licence after the accident and ultimately had procured a permanent driving .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All330
..... counsel for the appellant, in the first instance, contended that, on the face of the record, it was apparent that the accident took place on account of the negligence of the claimant and not on account of the negligence of the person driving the truck. ..... in this case the victim was a lady and as a result of the injuries sustained by her in the accident, she had suffered permanent disability of her left arm to this extent that she could not move it to its full ..... he only knows the job of driver and was middle aged man when the accident took place, it is true that, even in private service, the salaries of employees have an upward ..... the written statement filed by himit was pleaded that the claimant had no licence for driving the tempo; that he was himself driving the tempo in a negligent manner and the accident took place en that account that the tie rod of the truck suddenly gave way and consequently the accident could not be averted and that the damages claimed were excessive. 4. ..... learned counsel stressed that the claimant was also negligent contributing to the accident inasmuch as, finding the shisham tree in front of himhe diverted the tempo towards the pucca side of the ..... without dilating any further on this point we confirm the finding of the claims tribunal that the accident took place on account of the truck being driven in a rash and negligent manner. 24 ..... is besides the fact that, for some time after the accident, the claimant would have also suffered physical pain and agony. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All356
..... vehicle cannot certainly be allowed to sleep over the matter and feel that he would change the brake pipe only when the same some day bursts on the road causing some sort of accident it has come in evidence that the roadways used to maintain records which could have shown as to when the last change in the brake pipe in the vehicle in question had been effected. ..... this part of the tube was in tolerably good condition but when the tube was removed the day after the accident it was found that a larger part of the back, which could not be seen before it was removed, was ..... striking that the defendants in the instant case did not lead any evidence which would have given us some detail as to the mileage the vehicle in question had done when the accident took place, the last replacement of the brake pipes and the time and manner in which it was done. ..... from the record it has transpired that the age of the plaintiff at the time of the accident was nearly 65 years and we must make a distinction between the cases of young children with a longer expectancy of life from the cases of aged persons such as the plaintiff where the expectancy of life ..... a sum which should have been awarded in 1962 or in 1961 when the accident took place will not have the same significance in terms of purchasing capacity in 1977 when i have to determine the ..... the trial court also disbelieved the defence version that the accident was caused in an attempt of the driver to save a child who had all of a sudden appeared .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All272
..... turning to the left of the road had veered to the extreme right of the road the driver's plea that he sweived the bus to the right in order to avert the accident would have held force had the claimant been knocked down by the left side of the bus or had come under the left front wheel, but in fact she had been knocked ..... learned counsel placed reliance on this to urge that the burden of proving that the defendant was negligent and the accident occurred by his negligence remained with the plaintiff and it was for the court to determine from the evidence before ..... a slow speed, but suddenly the child sarita alias usha appeared from the left side and she fell down on the road and the driver tried to avoid the accident by turning the vehicle to the right but a wheel of the bus ran over her outstretched hands. ..... petition and urged that there was no rash and negligent act by the driver and the accident was due to the sudden appearance of the applicant on the road before the bus and the accident took place in spite of the very best efforts made by the driver of the bus ..... may be that he might nothave been aware of any one intruding on theroad till the time of accident, but such a pleawill not be available to a person driving inbroad daylight through a congested area on ..... part of the claimant and her guardian, for she ran on the road carelessly and in such an event there is always a possibility of an accident and for this reason the corporation was not liable to pay any amount as compensation. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC273
..... by the truck-owner was that on the relevant date he had ceased to be the owner of the truck having transferred the same to onkar singh, a few days before the accident, he also pleaded that at the relevant time munney khan was not in his employment and, therefore, he was not liable for payment of any compensation. ..... learned counsel for the respondent also urged that the court below had erred in holding that neither the vehicle was duly insured on the date of the accident nor the insurance company was liable to pay any compensation. ..... also held that truck driver had no opportunity of avoiding the accident and the motor-cyclist himself was guilty of negligence. ..... to be seen is as to whether he had an opportunity to avoid the accident and whether he negotiated the situation in a reasonably prudent manner. ..... thus what was pleaded was inevitability of the accident and total absence of any collision between the ..... even if it is assumed that the accident occurred while the scooter was started and while it had come on the road it does not absolve the driver of the bus from his duty to avoid accident when he saw the driver of the scooter trying ..... corporation of delhi : air1973delhi67 that:the accident occurred in broad day light and on ..... case in which the driver had made no effort at all to avoid the accident and this by itself proves his negligence.18. ..... in which the driver can escape his liability is by showing that inspite of all his prudent efforts the accident could not have been avoided.19. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All425
..... 1 and 2 the tribunal recorded finding that the drivers of the two buses were not negligent, instead the accident occurred on account of the appellant's own negligence as he was protruding a part of his right hand outside the moving vehicle ..... we would like to emphasize that the evidence on record shows that the place where the accident occurred was outside the town and the traffic was not heavy and there was ample space for the two vehicles to pass each other without coming ..... drivers of the two buses were employees of the corporation and they were best persons to state the truth about the accident but they were not produced for the reasons best known to the corporation. ..... if the drivers had taken adequate care for the safety of the passengers the accident could not have occurred in the manner it has happened in the present case ..... since the two vehicles came too close to each other resulting into accident without there being justification for the same it has to be presumed that the drivers had failed to take reasonable care for the safety of passengers and therefore they were ..... in coming to the conclusion that the boy also contributed to the accident the court referred to a bye-law which required the passengers to keep their hand inside and not to protrude any portion of their body outside the ..... this appeal is directed against the judgment of the motor accidents claims tribunal, sharanpur, dated 10-2-1978, dismissing the appellant's claim petition filed under section 110-a of the m. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC402
..... learned counsel placed reliance on this to urge that the burden of proving that the defendant was negligent and the accident occurred by his negligence remained with the plaintiff and it was for the court to determine from the evidence before it whether any negligence was ..... it may be that he might not have been aware of any one intruding on the road till the time of accident but such a plea will not be available to a person driving in broad daylight through a congested area on the highway near a ..... driving the vehicle at a slow speed, but suddenly the child, sarita alias usha appeared from the left side and she fell down on the road and the driver tried to avoid the accident by turning the vehicle to the right but a wheel of the bus ran over her outstretched hands. ..... corporation contested the claim petition and urged that there was no rash and negligent act by the driver and the accident was due to the sudden appearance of the applicant on the road before the bus and the accident took place in spite of the very best efforts made by the driver of the bus. ..... a mistake on the part of the claimant and her guardian, for she ran on the road carelessly and in such an event there is always a possibility of an accident and for this reason the corporation was not liable to pay any amount as compensation. ..... is that on seeing the child crossing the road he swerved the bus to the right and brought it to a halt but then the accident took place and the wheel of the bus crushed the hand of the child. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC430
..... it was further said that amajadullah, the driver of the bus, had handed over the vehicle in an unauthorised manner to bangali babu mechanic and the accident took place when bangali babu was driving the vehicle, it was, therefore, pleaded that respondents are not liable to pay any compensation to the claimants. ..... 1 bal chand conductor that a truck was coming from the opposite direction and the accident took place when the drive took a turn towards the left to avoid collision with the tree, is an afterthought. ..... in the absence of any plea or evidence, we are unable to accept the contention of the learned counsel for the appellant that the accident took place due to some latent defect in the bus and opposite parties nos. ..... 118 the supreme court held that in order to sustain a plea that the accident took place due to mechanical defect, the owner must take a plea that the defect was latent and not discoverable by the use of reasonable cause. ..... but if is equally well settled that if the servant at the time of the accident is not acting within the course of employment, but is doing something for himself the master is not liable. ..... it was, therefore, submitted that the claimants, version is more probable and the accident took place due to rash and negligent driving of the bus.12. ..... this is an appeal under section 110-d of the motor vehicles act against the order dated 11-2-78 passed by the motor accident claims tribunal (i additional district judge) bareilly awarding a compensation of rs. .....
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