Court : Andhra Pradesh
Reported in : I(1995)ACC344; 1994ACJ222; AIR1994AP6; 1993(1)ALT686
..... under the head 'loss to the estate of the deceased' damages could be claimed towards pain and suffering, loss of earnings and other damages actually suffered by the victim between the date of the accident and the moment of death, damages towards loss of personal property and damages towards loss of expectation of life may be awarded. ..... the amount that was spent in respect of the treatment he took for the injuries received in the accident and therefore, as the loss is to the estate of the deceased, they are entitled to continue ..... up forconsideration, 'whether death destroys the right of action :the division bench of the patna high court, held as follows (at page 551):--'this rule has been whittled down by certain statutes such as fatal accident act, 1846, the land reform (miscellaneous provisions) act, 1934 and other enactments. ..... that was spent in respect of the treatment he took for the injuries he received in the accident, as there was loss to the estate, they are entitled to come on record. ..... said decision, one venkateswara rao sustained injuries in a motor accident and, therefore, he filed o.p.149/66 claiming compensation under ..... jaheen jamal alias rumani died in another motor accident on 3-4-1987 leaving behind him petitioners nos. ..... in o.p.79/86 on the file of the iii additional motor accidents claims tribunal (iii additional district judge) kakinada.2. ..... alias rumani, filed o.p.79/86 claiming compensation for the injury sustained by him in a motor accident against the respondents. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2001)ACC208; 2003ACJ402; 2001(3)ALD247; 2001(3)ALT429
..... that under section 82-a of the old act (now correspondent new section 124) the railway administration is liable for payment of compensation only when there is an accident to a train resulting to injury or death to a passenger and in the absence of train accident, any accident caused to the passenger while travelling in a train, he or his legal representatives are not entitled for any compensation, as held by thesupreme court in union ..... respondents submitted that after amendment to the railway act in the year 1994 the provisions relating to the payment of compensation to the legal heirs of the deceased in an accident are same in the motor vehicles act, railway act as well as the workmen compensation act. ..... and 124-a in the new act in the year 1994, in the absence of train accident, the railway administration is liable for payment of compensation in case of accident to a passenger and therefore the compensation awarded by the tribunal cannot be interfered with. ..... the arguments advanced by the railways are three fold - (i) that the deceased met with an accident while boarding on a running train and as such this is not an untoward incident to attract the provisions of section 124-a of the act and his legal heirs are not entitled to any ..... though claimed compensation of rs.2,80,000/- by the applicant, taking consideration the amended provisions of the railway accident and untoward incident (compensation) rules, 1990 awarded compensation of rs.3,30,000/- to the applicant in oaa no.14 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2006)ACC652; 2006ACJ1470; AIR2005AP444; 2005(5)ALT541
..... insofar as the other contention that the claimant is not a bona fide passenger as the ticket was not traced and the accident occurred due to carelessness and negligence on the part of the applicant it is stated that the railways have not adduced any evidence with regard to the negligence and carelessness on the part ..... as the ticket is concerned he clearly gave an explanation that he handed over the ticket to his mother and when the accident occurred, his mother in a confused state of mind had lost the ticket, which contention was not at all rebutted by the ..... the applicant filed the following documents - ex.a-1 is the general diary of the grp regarding the accident; ex.a-2 is also the general diary of the grp palasa, regarding the admission of the applicant in berhampur hospital, ex.a-3 is the orthopaedically handicapped certificate, ex.a-4 is the concession certificate for orthopaedically handicapped people and two photographs ..... prospective effect of act 28 of 1994 held that the language 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. ..... held that the expression untoward incident given in section 123(c) of the act must be extended to the accidents occurred prior to the amended act came into force. ..... the railways that amended rules are not operative for the accident occurred prior to 1997 was rejected by the apex court.17 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998ACJ454
..... it was further held that the injured in such a case is entitled to compensation for pecuniary losses such as (a) loss of earnings from the date of the accident (b) medical and travel expenses and special diet; and (c) expenses for attendant up to trial and in future and for non-pecuniary losses for pain, suffering and loss of expectation ..... pointed out therein that when compensation is awarded by the courts and the tribunals even the tort-feasor should feel that he is atoned for the sin committed by him in committing the accident robbing the precious life of a human being and injuring an innocent person for no fault of his. ..... doubt has fortification from the precedents but by examining the facts and circumstances of those cases dealing with the accidents of different dates and the circumstances, they may not be a total guide to decide such a question. ..... marriage, avocation, education, social, economical, cultural and political opportunities;(8) loss of beauty due to disfigurement;(9) disability, both physical, mental and social;(10) medical expenses towards future treatment, if any;(11) loss of property during the accident; and(12) any other item depending upon the facts and circumstances of each case. ..... moreover, in view of the doctrine of res ipsa loquitur, when once accident is established and when the driver of the vehicle takes upon himself the burden to prove want of negligence, in view of the presumption of negligence in driving the vehicle, the disproof of the same requires a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(1988)ACC510
..... awarded towards the non-pecuniary damages of loss of expectation of life, loss of amenities and pain and suffering--all put together--in a case of amputation of a leg consequent to an accident in 1970, the award to be made for an identical loss today would have to be upgraded from the 1970 value to its value in 1987, having regard to the erosion of ..... date of trial, there is considerable delay, the court will first fix the' conventional' figure suited to the date of accident and then revise it upwards so that such increase could be set off against the inflation during the period long delays in accident claims are not only peculiar to our country but occur in other countries too therefore, non-pecuniary losses for pain and ..... is a 'total wreck' case where a person lost both eyes, memory and has become mentally unsound, and as the accident took place on 4-4-1979, there being no discrimination between rich and poor for evaluating non-pecuniary losses vide dip lock lj. ..... they can be applied if amounts fixed by courts for the relevant year in which the accident has occurred are not available.india-calendar year basisyearwpi (base1970-71=100)cpi(base 1960=100)index% variation.index%variation12345197099.0+ 62184+ 5:11971105.0+ 6.1190+ 3.319721.13-0+ 7.6202+ 6.31973131.6+16 5236 ..... the absence of pws 1, 3, 4 at the scene, there is no justification for rejecting pw 2's evidence, the accident having occurred so soon after the appellant got up on the cycle and left pw 2's house, all within a few .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... , : [1976]2scr266 , the question of law which fell due for determination was whether an application for compensation under section 110-a of the motor vehicles act arising out of an accident which occurred more than 60 days before the constitution of the motor accident claims tribunal could be entertained by the tribunal or the remedy of the aggrieved person was to institute a civil suit.41. ..... the case of the appellant is that the accident having taken place before the new act came into force, the proceeding is governed by the old act, where there was no such restriction as in the ..... it was contended that since the accident had taken place when the old act was in force, the proceedings before the claims tribunal must be held to be governed by the old act, and petition cannot be dismissed on the basis of the provisions ..... 'arising out of an accident' occurring in sub-section (1) and 'over the area in which the accident occurred', mentioned in sub-section (2) clearly show that the change of forum was meant to be operative retrospectively irrespective of the fact as to when the accident occurred.'42. ..... to compensation which the appellant was entitled to, by reason of the accident was certainly enforceable as a right. ..... if in a given case the accident had taken place more than a year before the new act coming in force and the claimant had actually filed his petition while the old act was in force but after a period ..... company limited, : [1991]3scr912 , an accident took place on 22.1.1989. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1(1986)ACC501
..... was held 'we see nothing either in the statute or in the actual terms and conditions of the policy which was still in force on the date of accident which would prevent the legal heirs from succeeding to the car as well as the rights there under' (para 29). ..... the said condition runs as follows:the company shall not be liable under this policy in respect of any accident, loss, damage and/or liability caused, sustained or incurred after any variation in or termination of the insured's ..... for a new car but the new car was not insured when he met with an accident while driving the new car the claim against the insurance company was examined. ..... there is no transfer of vehicle on the date of the accident and consequently the insurance company cannot escape the liability alternatively considered the question whether such plea can be raised by the insurance company and held 'in a case where the plea is that the insured himself was not liable for the reason that he had transferred the vehicle by the date of the accident, the restrictions contained in sub-section (2) of section 96 ..... for survival of cause of action arising out of the event after the death of the insured was explained not to stand in the way even in respect of the accidents that took place after the death of the insured. ..... (aao 562 of 1976 dated november 15, 1977) reported in 1978 ace cj 366 (andhra pradesh) cited the facts show apk 1143 vehicle was involved in an accident resulting in the death of one vijaya anjamma in that case. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD826; 2003(1)ALT688
..... . in the impugned order, the appellate authority observed:'further, the other plea taken by the appellants that their mothers met with a road accident while coming from the schedule land and nearby schedule land in the year 1982 and smt ..... . narsamma who was also severely injured in the same accident suffered for 3 years and died on 23-01-1985 also cannot be overruled ..... . laxmamma died on the spot and that the police concerned issued fir in the year 1982 with regard to the accident and whereas smt .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... feeling of 'social justice' which dictates that within certain fields if a person suffers injury, someone else must pay compensation for that injury...this instinct is fortified by an awareness that industrial accidents tend to strike the principal earner of a family and his death or disability affects his wife and children...it is suggested, therefore, that 'compensation' is a more apt word to describe ..... of section 110 and that un-amended section 110 read thus :'a state government may, by notification in the official gazette, 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 have been satisfied and to advise and ..... for consideration is whether the legal representatives of the deceased claiming compensation under section 110a of the motor vehicles act, 1939, as amended from time to time, in respect of an accident involving the death of several persons and arising out of the use of motor vehicle on a highway are obliged to prove anything other than what is required under the act or ..... who are justly entitled to compensation may be entirely deprived of any relief because the evidence on their behalf has been extinguished by the force of the accident.in these circumstances the orderly judicial process of applying the law of torts and the laws of evidence has proved quite inadequate to provide prompt and just service .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP436
..... normally it is for the plaintiff to prove negligence but as in some case considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. ..... tribunal, on an effective evaluation of the entire evidence adduced in the case found that the accident was due to the rash and negligent driving of the bus by the driver r. w. -1 ..... the claim was resisted by the corporation contending inter alia that the accident was not due to the rash and negligent driving of the bus by the driver, that the vehicle was being driven in a careful and proper manner and in any case the compensation claimed was ..... of the bus belonging to the corporation in passing through the two rows of stationed vehicles struck the lorry which resulted in the accident and loss of the right hand of the claimant. ..... is the normal rule that mere happening of a motor accident is no evidence of negligence on the part of the ..... a case it is on the driver of the vehicle to explain as to how the accident occurred without negligence on his part. ..... in these cases, the mere proof of accident raises the presumption of negligence unless rebutted by the ..... and foremost submission of the appellant's learned counsel is that the negligence on the part of the driver of the bus at the time of the accident has not been established. .....
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