Court : Andhra Pradesh
Reported in : 2009ACJ2818; 2009(2)ALT438
..... person law applicable to the deceased, will be entitled to apportionment of the dependency as per their needs and according to their age and apportionment is not limited to the class of persons enumerated under section 1-a of the fatal accidents act read with section 4 thereof.however, concerning a married sister of deceased, the division bench added as below.the further question is as to who are entitled to receive these sums. ..... brothers' children and sometimes foster children live together and they are dependent upon the bread-winner of the family and if the bread-winner is killed on account of a motor vehicle accident, there is no justification to deny them compensation relying upon the provisions of the fatal accidents act, 1855 which as we have already held has been substantially modified by the provisions contained in the act in relation to cases arising out of motor vehicles ..... court held that every legal representative who suffers on account of death of a person due to motor vehicle accident should have a remedy for realization of compensation that is provided under section 110-a of 1939 act. ..... chaturbhai taljabhai air 1977 guj 195 and hold that the brother of a person who dies in a motor vehicle accident is entitled to maintain a petition under section 110-a of the act if he is a legal representative of ..... the legal representatives of the deceased who died or sustained injuries in a motor accident can make an application to a claims tribunal constituted under section 165 of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD120
..... festival advance, bus facility, opportunity to come into company's service, janata accident and group insurance scheme etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP199; 2005(2)ALD320
..... the application is made and the relief or order which the applicant claims;(b) in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served in due time, the reason for such omission;(c) the names and addresses of the parties; and(d) [except in the ..... under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected];[provided further that the want of or any defect or irregularity in a notice shall not be a bar to the [ ..... for that employment, and(b) that the disease has arisen out of and in the course of the employment, the contracting of such disease shall be deemed to be an injury by accident within the meaning of this section:provided further that if it is proved that a workman who having served under any employer in any employment specified in part b of schedule iii ..... the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or(b) if the employer [or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(1990)ACC468; 1990ACJ350; AIR1990AP207
..... loss of earnings, expenses incurred for treatment as a result of the accident and future pecuniary loss fall under the head 'special damages'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD274; 1999(1)ALT259
..... approaching the term in the background of the above meanings and definitions, more especially the concept of 'nuisance in fact' / 'nuisance per accident', one can say that running of a money-lending or pledge shop is likely to create nuisance to the residents of locality at times. ..... another division is nuisance per se or nuisance at law and nuisance in fact or nuisance per accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP331
..... the accident of the members of a society being employees of the state government should not by itself be a factor in their favour for allotment of house sites. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1962AP69; (1961)ILLJ565AP
..... in schedule i, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury; explanation: where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any caseas to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries;' in order ..... this resulted in the respondent remaining in the hospital for treatment for a period of nearly two months; and he having lost, as a result of the accident, his thumb and therefore-finger and also the effective use of the middle finger, applied for payment of compensation under the first schedule to workmen's compensation act, here in after referred to as the act, on 16-7-1957, ..... the employee, who has been involved in an accident would during the period of his recovery from the accident be out of employment and consequently deprived of his daily wages ..... deshmukh sought to contend, rather feebly, that the accident in this case did not arise out of and in the course of employment of the ..... in these circumstances, it is obvious that the accident arose out of the employment of the respondent as driver and occured in the course of such ..... the next ground raised is that the compensation would be payable under the act only to persons involved in the accident, provided the accident is in the course of employment. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD314; 1999(1)ALT815
..... 'by reading the provisions of section 41 of indian stamp act, 1899, it is evident that the person who himself brings to the notice of the collector that the instrument has been unduly stamped by an accident, then the collector on being satisfied has to proceed to collect the deficit stamp as contemplated under sections 33 and 40 of the indian stamp act.7. ..... and offers to pay to the collector the amount of the proper duty, or the amount required to make up the same, and the collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceeds as next hereinafter described. ..... section 41 of the indian stamp act provides the cases when the instruments unduly stamped by accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD597
..... had placed reliance on the oral evidence of p.ws-1 and 8, who were direct eye-witnesses, and that the other witnesses p.ws-2 to 5 had only identified the deceased as the person involved in the accident, that p.w-6 was the panch witness for the inquest panchanama, that p.w-7 was the doctor who conducted the autopsy over the dead body of the deceased and had furnished the post-mortem examination ..... was acquitted in the criminal case, on the ground that he was not identified as the driver of the bus involved in the accident, is a sad reflection of the manner in which criminal cases are being prosecuted.award of the additional industrial tribunal-cum-additional ..... kumar deposed that, on enquiry, the driver had informed him that he did not know how the accident had occurred and that, when he heard passengers shouting about an accident, he had noticed from the side mirror of the bus that a pedestrian had fallen down at the ..... the enquiry officer noted that when questioned about what precautionary measures he had taken to avert the accident, and save a person's life on sighting a pedestrian falling below the rear portion of his bus, the petitioner had replied that only on hearing a loud noise from the passengers of ..... the enquiry officer noted the statement of the petitioner, in his explanation, mat he had not caused any accident, that the passengers travelling in his bus were far more man its capacity, that they had started shouting, perhaps on seeing that some person had fallen on the road, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP51; 2003(5)ALD198
..... damages may include (i) expenses incurred by the claimant for medical aid, special diet, expenses incurred for employing attendants, and other incidental expenses; (ii) loss of earnings from the date of accident down to the date of trial and during the proceedings on the basis of actuals and loss of future income adopting the multiplier theory; and (iii) other material loss. ..... shock pain and suffering, loss of amenities of life, injury with or without disabilities, medical and incidental expenses, loss of income from the date of accident and during the proceedings, loss of future income, loss of earning capacity, shortened life due to the injuries and disabilities, loss of prospects of marriage, disfigurement, education, profession, social avocations, ..... appreciating the evidence both oral and documentary adduced on the point, the tribunal was of the view that the accident was due to the rash and negligent driving of the driver of the corporation bus and, therefore, it answered the ..... conspectus of the cases referred to supra is thus: broadly speaking while awarding compensation to a victim of a motor accident, the tribunal should assess compensation separately as pecuniary damages and non-pecuniary damages. ..... the corporation resisted the claim mentioning inter alia in its counter that the accident was not due to rash and negligent driving of its driver; and that it was on account of the injured himself suddenly came running on the road and collided with the bus and, therefore, it .....
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