Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... -owner asking the passengers travelling in his bus to pay the loss sustained by him in running the vehicle with some empty seats or asking them to reimburse the losses sustained by him if the vehicle meets with an accident. ..... another example would be asking the railway platform vendors to reimburse the loss sustained by the railways, if a train meets with an accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD693; 2006(4)ALT668
..... it may not be binding or has a conclusive force, it should be taken as a whole as one of the relevant circumstances, with persuasive value.further, it is also to be seen that normally in respect of such accidents, the respondent-corporation is not taking any departmental action against the persons.on the face of it, the imposition of punishment of removal of the petitioner from service is unjust and has no nexus to the gravity of the offence as ..... yousuf miya air 1997 sc 2232, the supreme court considered the question whether departmental enquiry on the charge of failure to anticipate accident and prevention thereof can be stayed only on the ground of pendency of criminal prosecution for the offence punishable under section 304a read with section ..... the enquiry officer rightly came to the conclusion that the driver caused the accident by his rash and negligent driving and held the charge proved against the delinquent ..... 62 of 1992 filed by the legal representatives of the deceased before the motor accidents claims tribunal-cum-district judge, visakhapatnam and pleaded that in the face of the stand taken by the employer that the accident had not been caused due to rash and negligent driving, the order of punishment is liable to ..... , it is evident that the driver did not want to stop the bus as it was not the stage inspite of the cries of the indian to stop it, but proceeded further which resulted in the accident and this fact is stated by the delinquent himself before the enquiry officer. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995ACJ461
..... the application was resisted by the corporation mainly on the ground that the accident was not due to the rash and negligent driving of the driver of the bus belonging to the corporation. ..... we have no hesitation to accept the same and the finding recorded by the tribunal that the accident occurred due to the rash and negligent driving of the driver of the r.t.c. ..... gangarami reddy, learned counsel for the corporation, sought to challenge the finding of the tribunal that the accident occurred due to the rash and negligent driving of the bus bearing no. ..... this civil miscellaneous appeal is filed by the andhra pradesh state road transport corporation (hereinafter referred to as 'the corporation') questioning the order of the motor accidents claims tribunal-cum-district judge, nellore, in o.p. no. ..... the deceased as on the date of the accident was aged about 36 years. ..... the tribunal accepted the evidence of pw 3, who is an independent eyewitness to the accident, to the effect that the r.t.c. ..... aaz 8628 involved in the accident, was examined and exh. ..... as on the date of the accident as well as on the date of death of the deceased, he was entitled and eligible for the new scales of pay. ..... it is held in the said judgment that there is no question of granting any compensation for pain and suffering of the dependants in fatal accident cases. ..... pw 3 himself gave the report to the police regarding the accident. ..... at nippo factory, dargamitta, nellore, the deceased met with an accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2000)ACC85; 2001ACJ542; 1999(6)ALD256; 1999(5)ALT337
..... breach, but wilful breach of the conditions embodied in the policy (2) the insurer is liable under section 149 of the motor vehicles act to indemnify the owner of the vehicle involved in the accident who suffered a decree for both fault liability as well as no fault liability, and (3) the insurer can validly take the defence available under section 149 of the act not only in respect ..... statement of objects and reasons reads as follows: 'a new chapter vii-a, providing for payment of compensation in certain casesof accidents without proof of fault or negligence on the part of the owner or the driver of the motor vehicle is being ..... it is emergingfrom his evidence that he worked as a driver in apsrtc from 1977 to 1987 and he was suspended when he had committed a minor accident while driving the bus of the corporation, and that in the departmental enquiry he had been ordered to be removed from the service, and therefore, he preferred an appeal against ..... :(1) ......explanation :--for the removal of doubts, it is hereby declared that the expression 'claims for compensation in respect of accidents involving the death of or bodily injury to, person arising out of the use of motor vehicles' includes claims for compensation ..... and insurer not necessary to award the claim after notice :--the claims tribunal shall give notice to the owner and insurer, if any of the motor vehicle involved in the accident, directing them to appear on a date not later than 10 days from the date of issue of notice. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002ACJ1506
..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.sub-section (2) of the said section also provides, 'in any claim for compensation ..... in view of the settled legal position noticed above and for the reasons mentioned supra, i hold that the incident/accident is a 'motor vehicle accident' that occurred while the motor vehicle was in use and caused because of the negligence of the employees of the a.p.s.r.t.c. ..... reading of the above two sub-sections of section 163-a shows that a victim or his heirs are entitled to claim from the owner/insurance company a compensation for the death or permanent disablement suffered due to the accident arising out of the use of the motor vehicle, without having to prove wrongful act or neglect or default of anyone. ..... having carefully gone through the oral and documentary evidence on record, i am of the view that the incident/accident occurred due to negligence on the part of the employees of the bus (conductor and driver) in not taking care and allowing some inflammable material to be carried inside the bus. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP62
..... in that case a retired learned judge of this court was appointed as one man commission to find out the circumstances leading to the accident resulting in sinking of the buddha statue and other equipment and also loss of life in hussain sagar lake at hyderabad on march 10, 1990. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD180; 2001(1)ALT3; (2002)IVLLJ342AP
..... for having lack of anticipation while driving the vehicle no.aaz-8865 on the route guntur - repalle which met with fatal accident duly dashing two lady pedestrians one of whom succumbed to injuries and later was admitted in government general hospital, guntur which constitute misconduct under regulation 28 (ix)(a) of apsrtc employees (conduct) regulations, ..... it is held by the supreme court that the charge framed in the departmental proceedings alleging the failure to anticipate the accident and prevention thereof has nothing to do with culpability of offence under sections 304-a and 338 of the indian penal code ..... evidence available on record that the petitioner drove the vehicle in a rash and negligent manner culminating into a fatal accident involving two lady pedestrians, one of them succumbed to injuries in the government general hospital, ponnur. ..... it is also submitted that the second respondent herein as a member of the accident enquiry committee visited the spot of the accident on 9-3-1989 and gave his findings that the accident was due to rash and negligent driving on the part of the petitioner herein and the same second respondent issued a charge-sheet after placing the petitioner under suspension ..... undersuspension pending enquiry by an order dated 25-3-1989 alleging that on 9-3-1989 when the petitioner was driving the bus on the route guntur to repalle, met with fatal accident at the outskirts of ponnur due to his rash and negligent driving and due to lack of anticipation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD221; 2003(2)ALT470; (2003)IILLJ857AP
..... (8) notwithstanding anything contained in the foregoing provisions of the section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such establishment for such periods as may be specified in the order. ..... (7) notwithstanding anything contained in the foregoing provisions of the section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP285
..... this is the special provision which has been made under the fatal accidents act 1855 and it is necessary to bear in mind this provision while filing a claim petition under ..... it is therefore not open to the corporation in this appeal to contend that the accident was not caused by the negligence of the driver of the corporation nor is it open to the corporation to contend that the compensation awarded is more than it should have been ..... the claimant's wife who was 21 years old died in an accident which was caused by the andhra pradesh state road transport corporation on 15-1-1972 in the outskirts of the city of ..... is clear therefore that where a woman is killed in a fatal accident, the claim can be made by her husband, children and parents. ..... it has been held in that decision that the accident was caused by the negligence of the driver of the corporation bus apz ..... the woman who was killed by accident in that case was a 50 years old ..... it is always necessary for a motor accident claims tribunal to follow certain principles and to compute the compensation on the basis of those ..... the motor accidents claims tribunals in this state would do better if they apply their mind to the principles laid down in that decision and invoked which determining the compensation payable to a ..... of the fatal accidents act, 19855. ..... judge, city civil court, secunderabad acting as the motor accident claims tribunal. ..... specified the claimants who can make a claim arising out of the death of a person caused by a fatal accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC289; 2005ACJ704; 2004(4)ALD618; 2004(5)ALT13
..... under the motor vehicles act for fixing of the just compensation under section 168 is not scuttled and the person who files an application under section 166 of the act, proves that the accident was caused due to rash and negligent driving of the vehicle, a duty is cast upon the tribunal to fix just compensation payable taking into consideration the social justice and other attending circumstances ..... respondent-oriental insurance company limited, the compensation has to be worked out on the basis of bhagwan das case it works out to very hardship to those victims who were able to prove that the accident has taken place due to rash and negligent driving of the driver, as they will be receiving lesser compensation as per bhagwan das case, whereas the claimants who are under no obligation to prove that the ..... in the light of the above discussion, it is seen that the gains that may be received by the victim or his dependents, may be they are out of the accident and death, on account of savings or other investments made by the deceased would not go to the benefit of wrongdoer and the claimant should not be left worse of, if he had never taken an insurance policy or ..... accelerated because of the incapacity of the employee to work, but they have no nexus to the compensation payable under the provisions of motor vehicles act which is a statutory benefit conferred on the victims of the accident on the pretext that that the loss suffered by him or family member have to be reasonably compensated. .....
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