Court : Andhra Pradesh
Reported in : 1995ACJ1097; AIR1995AP68; 1994(3)ALT169
..... objects of the act, impleding of owner of the vehicle at some subsequent stage in the claim petition cannot render the claim petition as barred by limitation because in motor accidents such eventualities are not uncommon that the dependents of the deceased who are claimants, who have suffered in an accident are either unaware of the names of driver or owner of the vehicle involved in it and/ or may require some further time to make enquiries to ascertain their names and ..... facts which are necessary for the disposal of the revision petition are: husband of the first respondent father of the second respondent and son of the third respondent, namely, one late chennaiah met with an accident on 7-1-1986 and consequently died on account of rash and negligent driving of the driver of the tractor bearing registration no. ..... in the present case admittedly the revision petitioner is the owner of the vehicle involved in the accident and therefore he is absolutely a necessary party to the claim petition and in fact he does not dispute this position. ..... there afterwards the claimants-petitioners came to know that the real owner of the vehicle involved in the accident is one krishna reddy who is the petitioner in this revision petition. ..... the learned counsel further contended that the accident admittedly occurred on 7-1-1986 and there was a delay of 830 days in filing the application under order 1, rule 10 of the code of civil procedure and therefore the application was hopelessly barred by time. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP407
..... : (2) the period of dependency: (3) the quantum of annual dependency arrived at: (4) the number of dependants or legal representatives to be maintained from out of the amount to be determined: (5) the status and comforts enjoyed before the date of accident: (6) the minimum comforts required: (7) whether the amount to be awarded would be sufficient to meet during the period of depedency: (8) education and upbringing of children in case the deceased is the bread-winner of the family;(9) marriage expenses of ..... arrive at the annual pecunary loss of the dependancy to the estate of the deceased the period was divided into two parts, one is the earnings of the deceased from the date of accident till the date of trial and the second period from date of trial till the balance expected span of life on the amounts thus arrived at that interest was given on the amount ..... that is convinient although it is a strictly speaking too favourable to the plaintiff, because it treats the probability that but for the fatal accident the deceased would have continued to earn the rate for the job and to apply to same proportion of his dependants as if it were a certainity' (underlining ..... the same individual from whatever source'.lord russel of killowen observed in his speech:'the general rule which has always prevalied in regard to the assessment of damages under the fatal accidents act is well settled namely that any benefit accruing to a dependant by reason of the relevant death must be taken into account. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP129; 2009(3)ALT281
..... shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:(a) on his superannuation, or(b) on his retirement or resignation, or(c) on his death or disablement due to accident or disease;provided that the completion of continuous service of five years shall not be necessary whether the termination of the employment of any employee is due to death or disablement;provided further that in the case of death of the employee ..... 4(1) and 13 of the act, makes it clear that the gratuity, which will be paid to an employee, on his retirement or resignation; and in case of his death or disablement, due to accident or disease, to his nominees, is totally exempted from attachment in execution of any decree or order of any civil, revenue or criminal court. ..... stated in unequivocal terms that the gratuity amount payable to an employee or to his legal representatives owing to his death or disablement due to accident or disease, is exempted from attachment.15. ..... be seen that section 4(1) of the payment of gratuity act provides that gratuity shall be payable to an employee (a) on his superannuation or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease. ..... 4(1) of the act, it is clear that the gratuity is payable to an employee, on his termination of employment; or on his superannuation or; on his retirement or resignation, or on his death or disablement due to accident or disease. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1987)IILLJ83AP
..... words of supreme court, what those five principles are explained : 'the deceased man's expectation of life has to be estimated having regard to his age, bodily health and the possibility of premature determination of his life by later accidents; secondly, the amount required for the future provision of his wife shall be estimated having regard to the amount he used to spend on her during his life time, and other circumstances; thirdly, the estimated annual ..... kunhikuttan nair and others : [1970]2scr688 was a case of parents who on loss of a child in a motor accident claimed compensation and to meet the contingency of a non-earning person a different note was struck. ..... their use in total accident claims and particularly fatal accident claim has been approved by the courts in various countries. ..... section 4 provides for adopting 40 per cent of the monthly wages as dependency in case of fatal accident and 50 percent of the monthly wages in case of accidents resulting in permanent disability. ..... for compensation is fatal accidents the provisions of fatal accidents act have to be kept in view. ..... the scope of damages in motor accidents and accidents in aircrafts were compared. ..... this may be adopted as the minimum compensation in case of accidents after that date. ..... deaths in motor vehicle accidents are on the increase and consequently the number of claims. ..... in the third world in motor accident cases is of recent practice. ..... a passenger travelling by plane dies in an accident, he gets compensation of rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas362(AP)
..... of proof cast upon the claimants and the burden of proof is shifted to the owner and the driver of the vehicle to establish that the accident occurred without any fault on their part and that despite all reasonable care taken by them the latent defect could not be discovered. ..... to the claimant, because it may be that the true cause of the accident is not known to the claimant and is within the exclusive knowledge of those sought to be mulcted with damages or it may be that the accident took place-in such circumstances as to render it practically impossible for any one to speak to its happening just like in a case of a sudden accident on a highway where there are no witnesses or where persons who could speak ..... counter filed by the owner of the vehicle as to the condition of the tyre which burst, but also no evidence was let in to establish that the tyre, that led to the accident, was in a perfect condition to be used and that the tyre was being checked or examined at regular intervals.7. ..... , that proof of negligence is necessary before the owner of a vehicle or the insurance company, with which the vehicle is insured, can be held to be liable for the payment of compensation in a motor accident claim case and that it is so held by their lordships of the supreme court in minu b. ..... deceased was guilty of contributory culpable negligence, he having sat on top of the loaded lorry involved in the accident and that the claimants were, therefore, not entitled to payment of any compensation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1987AP127
..... 'the deceased man's expectation of life has to be estimated having regard to his age, bodily health and the possibility of premature determination of his life by later accident, secondly, the amount required for the future provision of his wife shall be estimated having regard to the amount he used to spend on her during his lifetime, and other circumstances; thirdly, the estimated annual ..... , : [1970]2scr688 was a case of parents who on loss of a child in a motor accident claimed compensation and to meet the contingency of a non-earing person a different note was struck. ..... scope of damages in motor accidents and accidents in air crafts were compared ..... their use in total accident claims and particularly fatal accident claim has been approved by the courts in ..... for adopting 40 per cent of the monthly wages as dependency in case of fatal accidents and 50 per cent of the monthly wages in case of accidents resulting in permanent disability. ..... for compensation in fatal accidents the provisions of fatal accidents act has to be kept in view ..... be adopted as the minimum compensation in case of accidents after that date. s. ..... deaths in motor vehicle accidents are on the increase and consequently the number ..... the third world in motor accident cases is of recent practice ..... travelling by plane dies in an accident, he gets compensation of rs. ..... accept annuity tables strike a greater degree of accuracy in estimation of damages, we have invain searched for tables in any statute for the use in motor accident case. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC560; 2006ACJ678; 2004(4)ALD597; 2004(5)ALT152
..... since the accident seems to have occurred in the middle of the road, and since the accident could be avoided even if one of the drivers of the vehicles involved in the accident was careful, it can be taken that the accident occurred due to the negligence of the drivers of both the vehicles involved in the accident and, so, i hold that the accident occurred due to 50% negligence of the driver of the auto of the appellant and due to 50% negligence of the driver of the vehicle of ..... judicial notice can be taken of the fact that by 1995, the year in which the accident took place, autos with carrying capacity of 3 passengers only were plying on the roads in this ..... showing the amount spent for its repairs and failed to allege that he did not claim compensation from his insurer and also failed to produce the policy of insurance of his auto involved in the accident, it can be presumed that he claimed compensation from his insurer by producing those bills. ..... the year of manufacture of the auto of the appellant involved in the accident, the year in which appellant purchased it and from whom is not known from the evidence on ..... since nine passengers were travelling in the auto at the time of accident, as per ex.a.1, it is clear that the driver of the auto of the appellant was carrying more number of persons than permitted and had overloaded the auto. ..... he also questioned the finding of the tribunal on issue no.1 that the accident occurred due to the negligence of the driver of the first respondent. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP5; (1969)IILLJ88AP
..... on the fact that unlike in andhra in hyderabad there was no separate cadre of health officers, that the hyderabad officers were all originally recruited as medical officers with no obligatory qualification in public health, that it was but an accident that the hyderabad officers were holding the post of assistant health officers at the relevant period and therefore their integration with the district health officers of andhra has been resented to both by the hyderabad .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1966AP99; (1966)IILLJ846AP
..... lays down that an application to the commissioner may be made in such form and shall be accompanied by such fee, if any, as may be prescribed and shall contain, among other particulars, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in due time, the reason for such omission.10. ..... the next submission on behalf of the appellants is that the claims were made by the workman in respect of two injuries resulting from two different accidents, and are the subject matter of two different applications, and that he should have, therefore, passed two awards and that a single award fixing a ..... that the workman continued to be in the employment of the respondents and continued to draw wages even after the happening of the two accidents, arid he was paid more that what he was getting during the four years previously, and hence he could not think of starting legal proceedings against ..... these provisions make it abundantly clear that the cause of action to claim compensation accrues to a workman on the happening of an accident, and the fact that the two claims for compensation were made by the same workman on the same date would not alter the ..... section 3(1) creates the liability of the employer to pay compensation and reads thus:'31(1) 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1988(35)ELT38(AP)
..... , in his well known treatise on equity jurisprudence as contra-distingushed from accident runs thus :'this is sometimes the resutl of accident, in its large sense; but, as contra-distinguished from it, it is some unitentional act or omission, or error, arising from ignorance, surprise, imposition, or misplaced confidence. .....
Tag this Judgment!