Court : Andhra Pradesh
Reported in : 1999ACJ1269
..... facie case of negligence where, (1) it is not possible for him to prove precisely what was the relevant act or omission which set in train the events leading to the accident, and (2) on the evidence as it stands at the relevant time it is more likely than not that the effective cause of the accident was some act or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper care for ..... . in assessing the quantum of damages, the principles adopted by the courts for the determination of compensation to be awarded in fatal accident cases under the motor vehicles act, 1988, can also be adopted in the instant case ..... it is to such cases that the maxim res ipsa loquitur may apply, if the cause of the accident is unknown and no reasonable explanation as to the cause is coming forth from the defendant. ..... to emphasise the point, it may be reiterated that in such cases, the event or accident must be of a kind which does not happen in the ordinary course of things if those who have the management and control use due care. ..... . however, where the thing which causes the accident is shown to be under the management of the defendant or his employees and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.14 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2003)ACC263
..... 3580 on the route from nampally to tarnaka and was proceeding slowly -and at that time passengers shouted about an accident and immediately he stopped the bus and found that a person falling on the right rear side of the bus. ..... of 1989 dated 12.12.1991 contending that the deceased was partly responsible for the occurrence of the accident as he has crossed the road without due care and caution. ..... my view, the tribunal did not appreciate the evidence in proper perspective, particularly in view of the fact that the evidence on record clearly discloses that the bus in question was not away from the point of accident which itself is indicative of slow driving as per the evidence of r.w. ..... in the circumstances, therefore, it must be held that the accident here was caused by the rash and negligent driving of the truck driver and there was also contributory negligence of the deceased to the extent of 25 percent ..... she deposed that on the date of accident she was travelling in the bus in question sitting in the second seat and that the deceased was hit by the lorry coming from the opposite direction and fell thereafter at the back side of ..... the bus driver cannot save accident however slowly he may be driving and, therefore, he cannot be held to be negligent in such a case ..... the bus moved forward, she fell out of the vehicle and rear wheel of the bus ran over her and the apex court held as follows:it is a wrong proposition that for any motor accident negligence of the driver should be presumed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006CriLJ2643
..... he further submitted that the accused never disputed about his liability to pay the amount borrowed from the complainant and that as there was a fire accident in the factory of the accused, he promised to discharge the debt amount borrowed from the complainant after the insurance claim is settled and further when the accused requested the complainant to return the title ..... thus, the complainant herein knowing fully well that the accused company is in financial distress on account of fire accident and knowing fully well that the accused company had no amount in the bank, filled up the blanks in the cheques as if those cheques were issued by the accused in discharge of the debt on 8-6-2000 and 9-6-2,000 ..... 1,30,000/- were lent by the complainant to the accused and that after the fire accident took place in the company of the accused the complainant made use of those cheques by putting dates as 8-6-2000 over the cheque issued for ..... it is also not disputed that there was fire accident in the factory of the accused and the entire property of the accused was damaged and the accused made claim before thee ..... belonging to the accused was gutted and therefore, the accused could not repay the amount and after coming to know about the said accident the complainant put the dates with rubber stamps as 8-6-2000 and 9-6-2000 in the blank cheques taken as security and presented the same before the bank, knowingfully well that the accused company is in financial crisis on account of fire accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1980AP312
..... it is thus clear from the evidence of the motor vehicles inspector that both the vehicles were damaged only on the left side and after the accident he found the jeep on the right side road margin and the taxi cab at the centre of the road in a diagonal position facing towards ..... the damages suffered by each of the vehicles , and also the position of the jeep and the car at the place of the accident as spoken to by the motor vehicles inspector, it has to be concluded on the applicability of res ipsa loquitur (i. e. ..... , it was pleaded that the jeep driver was solely responsible for the accident and that the defendants were not liable to pay any damages to the ..... it was pleaded that the position of the jeep and the car at the place of accident and the damages suffered by each of the vehicles testify that it is the jeep that hit the car situate on the left side of ..... in those circumstances, i would hold and i do hold , that the responsibility for this accident lies with the drivers of both the vehicles equality, they having , by proper inference, committed the same negligent acts ..... he further stated that he found on the site of the accident, the jeep towards vijayawada side on the right side road margin in the running direction ..... damages caused to the vehicles and the position of the two vehicles at the place of accident, the evidence of persons travelling in the jeep p. ws. ..... of the plaintiff's fault, his moral responsibility for the accident were important considerations in awarding damages. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP283
..... the trial court after examining five witnesses on behalf of the plaintiff and two on behalf of the defendant came to the conclusion that the accident was the direct result of the negligence and rash driving of the road roller driver and that it was not true that it was inevitable, for it could be avoided with ordinary skill and ..... the government in defence pleaded that the driver was not guilty of negligence or rash driving and the accident was inevitable, that even otherwise action in damages lay only against the driver and that the suit as against the government for the tortious acts of its servants is untenable in law and further in ..... no doubt in our mind that the boy was first hit by the edge of the roller and then as he fell his right palm was crushed under the front wheel of the roller and this accident was due to the rash driving of the defendant's servant.6. ..... the driver gave a report of the accident to the police station on that very ..... the question of fact is, whether the accident resulting in the loss of the right wrist of the plaintiff was due to the negligence and rash driving of mohiuddin, the road roller driver of the highways ..... a blacksmith on his duty nearby adjacent to the road, described the accident almost in similar terms. ..... is not disputed that the driver was in the employment of the defendant when the accident took place. ..... after the accident, the driver and cleaner ..... care and ordinary skill which is normally expected of a driver would have easily averted this accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP267
..... entirely agree with the reasoning as well as the conclusion of the tribunal and hold that the accident took place due to the rash and negligent driving of the driver of the bus, r.w. ..... four appeals are spawned by a common order passed by the additional motor accidents claims tribunal-cum-additional district and sessions judge, nellore in two applications ..... whether the petitioner sustained injuries as a result of the bus accident on 6-4-1977 and whether the said accident was due to the rash and negligent driving of the driver, the 2nd respondent of the bus apn 5938 owned by the 1st respondent and insured with 3rd ..... the tribunal on an effective evaluation of the evidence held that the accident in which sreenivasulu reddy died on pw 1 received injuries occurred due to the rash and negligent driving of the bus apn 5938 by its driver, the 2nd respondent and that there was no contributory negligence on ..... the second respondent in his separate counter pleaded that accident occurred entirely due to the negligent driving of the deceases sreenivasulu reddy and in any case he was not liable to pay any compensation as he was ..... he applied brakes and tried to avoid the accident, but still the bus hit the scooter. ..... questions that arise are: (1) whether the accident occurred due to the rash and negligence driving of the driver of the bus apn 5938; (2) whether the amount awarded is exorbitant and excessive; (3) whether the extent of liability of the insurer in any one accident is always limited to rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990ACJ988
..... the court after extracting the unamended sections 95 and 96 as per the amended act 56 of 1969 discussed the question of limits and the meaning of 'in all' and 'any one accident' in paras 14 to 17 and observed as follows at page 513:clause (a) of section 95 (2) does not stand alone and is not the only provision to be considered for determining the outside limit of the insurer's liability. ..... a reading of the record reveals that the owner of the lorry gave evidence as rw1 and he clearly deposed that he is the owner of the lorry and that he is a contractor by profession and that the persons involved in the accident were travelling in the lorry as contract labourers engaged by him for loading and unloading the load of gravel that was being carried in the lorry. ..... if more than one person is injured during the course of the same transaction, each one of the persons has met with an accident.then the supreme court dealt with the ambiguity in the language used by the legislature in section 95 (2) and observed that the doubt arising out of the correlation of that language with the words 'in all' which ..... his lordship dealt with the scope of sections 95 and 96 and the various types of passengers that would get involved in accidents both in the case of passenger vehicles as well as goods vehicles and then dealt with the liability of the insurance company with regard to each category of passengers. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP99
..... where pn is the future annual figures, r is the rate of interest n is the number of years (between the date of trial and date relating to the year for which the income is being converted into present value; in fatal accident cases it will be the date of death and the relevant future year whose income is being converted). ..... the tribunal under the motor vehicles act was dealing, in this case, with the claim of a person injured in an accident on july 30th 1978 consequent to which the claimant's right leg below the knee was amputated. ..... the net future losses from date of trial for the remaining expected period of life (in accident cases) and the net future losses from date of death of the person (in fatal cases) have to be estimated. ..... one of the reasons given was that after the victim's death, his dependants will be precluded by the plaintiff's successful action (if decreed on basis of post- accident span of life) from making a fresh claim for the period covered by the 'lost years'. ..... in cases of fatal accidents, the age at the time of death gives the relevant multiplier and this is subject to the further lowering of the same if the dependants (such as parents) are of advanced age. 54. ..... it is the pre-accident expectation that is the criterion, the court held. ..... ), the court of appeal took the view that the loss of future earnings of an injured person should be computed on the basis of the post-accident span of life. ..... the accident in this case occurred on 30-7-1978. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT90
..... 280/- by way of demand draft towards tax and he also gave an affidavit stating that the vehicle met with an accident, while himself and his family members along with the deceased, who is his friend's son are travelling and requested the authorities to release ..... that arises for consideration of this court would be whether the motor vehicle inspector is justified in seizing the vehicle, which met with an accident on the basis of a requisition sent by the concerned police to certify about the physical condition of the vehicle. ..... as the tax as per their oral instructions and also after giving an affidavit stating that he was travelling along with his family members from bidar to zahirabad to attend a marriage, at the time when the accident took place and the vehicle was not being used as stage carriage. ..... it is not in dispute that the jeep in question met with road accident at gangwar check post, within the local limits of hadnoor police station and one of the passengers by ..... 2nd respondent jumped at the conclusion that the vehicle is being plied as a stage carriage, merely on the ground that it met with an accident and as one person by name sk. ..... house officer himself did not even state that the vehicle met with an accident was plying as stage carriage. ..... that the vehicle is plying without permit, without fitness certificate, without even ascertaining whether the vehicle is having fitness certificate and the circumstances under which the vehicle met with the accident, from the petitioner. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997ACJ914
..... discussion, this division bench held that section 140 provided for liability to pay compensation in certain cases on the principle of no fault and that as the accident in that case had occurred before the commencement of the new act, section 140 of the new act was not attracted.we have also to notice that ..... discussion, it is obvious that if the supreme court took the view that the new act had retrospective effect and applied to claims for compensation for death in accidents occurring prior to 1.7.1989, the supreme court would have referred to section 140 of the new act and on that basis it would have awarded rs. ..... held:since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the state of the law obtaining at the time of the accident for determining the extent of insurer's liability under a statutory policy.the law applicable as on the date of the accident in the present case is the old act as per the declaration of ..... 29.11.1989 is set aside and the order of the motor accidents claims tribunal-cum-additional district judge, madanapalle awarding rs. ..... padmavathy , that 'award for no fault liability in a motor accident which occurred prior to the coming into force of 1988 act should be in tune with the amount fixed ..... and took the view that section 140 of the new act had retrospective application even regarding the accidents that had occurred prior to the new act. .....
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