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The A.P.S.R.T.C., Rep. by Its Managing Director and anr. Vs. B. Vijaya ...

Court : Andhra Pradesh

Reported in : 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385

..... the enhanced amount of compensation awarded by them was in their judgment was the correct amount of compensation payable to the appellants therein on account of the death of deceased resulting from the accident and the learned single judge and the division bench should have therefore awarded interest on the enhanced amount of compensation from the date of application. ..... interest could not be allowed from a date earlier than the date of the claim, however, considering the facts and circumstances of the case, interest allowed from the date of accident was not interfered with as the same would have the effect of further reducing the quantum of compensation, which is not on the high side.40. ..... randhir singh (supra) it was noticed by the supreme court that section 110-cc as it stood on the date of the accident in the case provided that where any court or claims tribunal allows a claim for compensation made under the act such court or tribunal may direct that in addition to the amount ..... thus, it is seen that compensation falls due within the meaning of section 4-a of the act on the happening of the accident and liability of payment of interest and penalty arises, if so directed, when a default is made by the employer in payment of compensation within one month due from ..... but, in this case, considering the facts and circumstances, interest allowed from the date of accident was not interfered with as the same would have the effect of further reducing the quantum of compensation, which is .....

Talasila Sandhya Vs. Andhra Pradesh State Road Trans. Corpn. and anr.

Court : Andhra Pradesh

Reported in : 1999ACJ629

..... if he had really lodged a report, it would have contained the reasons for the cause of the accident and the care and the diligence which the driver exercised at the relevant time. ..... since the driver was the best person to say as to how the accident occurred, he should be presumed to have the special means of knowledge regarding the cause of the accident even from the principle to be borrowed from section 106 of the evidence act ..... there is only ocular evidence in the case in relation to the question of negligence comprising the testimony of pws 2 and 3, the victims of the accident wherein pw 2 was aged 13 years and pw 3 was aged 6 years at the relevant time. ..... the tribunal in such a situation accepted the defence of the respondents that the accident was not due to the rash and negligent driving' of the bus by the respondent no ..... testimony of pws 2 and 3 justifies the finding that pw 3, the claimant-appellant, had sustained severe injuries leading to disabilities and supports the circumstances that the bus hit the two girls in the course, of the accident and it was not merely a fall while crossing the road. ..... therefore, by operating the doctrine of res ips loquitur to the accident which itself spoke about the negligence of the respondent no. ..... were available at the spot, whether there were indications on the spot to know as to whether the bus was stopped after hitting the two girls and as to whether the girls were found to be fallen after the accident and the location of the lorry, road, etc. .....

Baker Ali Vs. Regional Manager, Apsrtc and ors.

Court : Andhra Pradesh

Reported in : 2008(2)ALD832

..... the spot, which is a serious misconduct in terms of clause ix (a) of regulation 28 of apsrtc employees (conduct) regulations, 1963.charge-2: for having driving the vehicle with lack of anticipation near trurnrnapur on 29.5.1992 and caused the fatal accident which is a serious misconduct in terms of clause ix (a) of regulation 28 of apsrtc employees (conduct) regulations, 1963.the enquiry officer after conducting enquiry submitted his report finding the petitioner guilty of both the charges. ..... station manager, venkati goud, depot secretary/employees union attended the accident spot and prepared the sketch of accident and taken measurements in my presence.i did not see how the accident took place, but it happened while the bus overtaking cyclist.sri ..... suryanarayana, who is not an eye-witness and who visited the accident spot, a day after the accident referred to the passengers' statement, which ex facie revealed that as the cyclist, who was proceeding on the left side, turned to right and came on to the middle of the road, the driver tried to save him ..... along with sri zaleel ahmed, national mazdoor union delegate (conductor) proceeded to machareddy police station as we have received that the accident driver sri bakar ali had reported at machareddy police station. ..... the said witness who did not witness the accident deposed on the basis of the spot statement of ..... from the manner in which the accident took place the opinion expressed by the witness is fundamentally erroneous and wholly .....

Gollavilli Primary Agricultural Co-op. Credit Society Ltd. Vs. Orienta ...

Court : Andhra Pradesh

Reported in : II(2007)ACC686

..... petitioner a society registered under the provisions of andhra pradesh cooperative societies act, 1964, in pursuance of the decision taken by the andhra pradesh cooperative banks association on 27.3.1999, to continue the benefit of the janata group accident insurance scheme for the members of the various cooperative primary agricultural societies, in order to cover the risk of its members paid the required premium of rs. ..... it is only during the course of arguments, the learned counsel for the petitioner contended that since petitioner was a member of janata group accident insurance policy for 1998-99 also, petitioner is entitled to the benefit under the scheme in respect of the death of its member satyanarayana.5. ..... the contention of the learned counsel for the petitioner that since premium for the year 1998-99 was paid on 8.6.1998 the risk period should be from 8.6.1998 to 7.6.1999 and since the accident took place on 2.5.1999, well within the period of one year from the date of payment of premium petitioner is entitled to rs. ..... if the policy is taken subsequent to the occurring of the accident and if the victim dies as a result of the said accident, even if the policy of insurance is taken before the death of the victim it can be of no avail because the contract of insurance was not in force by the date of accident and since it is well-known that all contracts of insurance are contracts uberrima fides, i.e. .....

Dr. Gangaraju Sowmini and Another Vs. Alavala Sudhakar Reddy and Anoth ...

Court : Andhra Pradesh

..... nature specified in sub-section (1) of section 165 may be made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided ..... brotherschildren and some times foster children live together and they are dependent upon the breadwinner of the family and if the breadwinner 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 ..... acj 344), the division bench has referred the matters to the full bench, for answering the following question: whether non-dependant heir of the deceased who died in a motor accident is entitled to lay claim for compensation under section 166 of the motor vehicles act, 1988 where there is no other dependant legal heir claiming compensation ? ..... section 165 of the act, which has got some bearing on the reference made, it is clear that claims for compensation in respect of accidents involving death of or bodily injury to persons arising out of the use of motor vehicles, include claims for compensation under section 140 and section .....

Maqubal Bee and ors. Vs. Andhra Pradesh State Road Transport Corporati ...

Court : Andhra Pradesh

Reported in : 1992ACJ614; [1993]76CompCas489(AP)

..... section 166(3) reads as follows : '(3) no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident ; provided that the claims tribunal may entertain the application after the expirty of the said period of six months but not later than twelve months, if it is satisfied that the applicat was prevented by sufficient ..... dealing with the petition as a petition under the old act, the chairman, motor accidents claims tribunal, came to the conclusion that the delay of 6 years, 10 months and 20 days in filing the original petition cannot be condoned and that there is no jusitifcation for condonation of the exorbitant delay ..... a persual of the order passed by the district judge-cum-chairman of the motor accidents claims tribunal indicates that neither the advocates who appeared in the matter nor the judge were aware of the statutory changes that were effected by the passing of the motor vehicles act, 1988 (act 59 ..... krishna murthy raised another agrument saying that, by reason of the accident, the petitioners had a vested right and statutory changes cannot take away a vested ..... the petition was filed before the motor accidents claims tribunal, chittoor, on august 18, 1989, indicating as if it is a petition filed under section 110a(3) of the old motor vehicles act, ..... it should be remambered that the accident gives the legal representatives of the deceased a right to claim ..... the motor accident which gave rise to the claim for this .....

The Premier Insurance Company, Kakinada Vs. R. Jagadeswara Rao and anr ...

Court : Andhra Pradesh

Reported in : AIR1980AP34

..... in claim proceedings instituted by jagadeswara rao under section 110-a of the aforesaid motor vehicles act, the district judge, rajahmundry, acting as the claims tribunal, awarded the victim of the motor accident a sum of rupees 12,600/- as compensation; armed with this order of the claims tribunal, in e. p. no. ..... for the purposes of adjudicating these claims 'motor accidents claims tribunals' in short 'claims tribunals' manned by a judge of the high court or a district judge, are directed to be brought into existence by the state governments. ..... jagadeswara rao, the execution petitioner, is the victim of an accident caused by a motor vehicle owned by one ramarao and insured with the premier insurance company kakinada. ..... it is against that order of the learned district judge, the motor vehicle accident victim jagadeswara rao, preferred c. m. a. no. ..... the motor vehicles act of 1939 had provided for, among other things, for the adjudication of the claims preferred by the victims of the motor vehicle accidents. .....

Kamana Vanmarju Vs. the Andhra Pradesh State Road Transport Corporatio ...

Court : Andhra Pradesh

Reported in : AIR1983AP427

..... section 110 authorizes the state government to constitute the motor accidents claims tribunals specifying the area of operation for the purpose of adjudicating claims for compensation in respect of all accidents involving death or bodily injury to persons or damages to any property of a third party ..... the learned counsel for the respondent at the outset raised a preliminary objection that this claim for claimant of the property is not maintainable as the accident occurred on 31-1-1977 and claim petition was filed on 11-7-77 prior to 'the amendment made in s. ..... application for compensation : (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made - (a) by the person who has sustained the injury or (aa) by the owner of the property or(b) where death has resulted from the accident, by all or any of the legal-representatives of the deceased: or (e) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased ..... constitute one or more motor accidents claims tribunals (hereinafter referred to as claims tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims far compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles: or damages to any property of a third party so arising' ..... for the failure of the brakes the accident would not have occurred. .....

Bala Mallamma Vs. Registrar, Osmania University, Hyderabad and Another

Court : Andhra Pradesh

Reported in : 2002ACJ986; 2001(2)ALD228; 2001(2)ALT107; (2001)IILLJ268AP

..... cannot be termed to be doing any business or trade and hence they are not liable to pay compensation, then any person engaged for similar activity by any government department, any university, any hospital, if faced with an accident, would not be able to get compensation in terms of section 12 of the act although such a person would be a workman under the act. ..... in a similar case where pwd had engaged contractors for the purpose of construction of bridges and roads and an accident occurred and a worker died, the contentions raised before the jammu and kashmir high court in public works department v. ..... similarly if an individual who wants to construct a residential house of his own engages a person for construction of the house and if such a person faces an accident during the course of the building of the house, he would be remediless under the act. ..... (4) this section shall not apply in any case where the accident occurred elsewhere that on, in or about the premises on which the principal has undertaken, or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management. 7. ..... in one of such works, a contractor had engaged a workman and the workman died in an accident during the course of his employment. ..... it is an admitted position that the accident took place at the place of the work, which was the university itself. 8. .....

T. Jagadish and ors. Vs. the Union of India and ors.

Court : Andhra Pradesh

Reported in : AIR1988AP290

..... it is only stated that besides mortality the incident of serious injuries is much higher in scooter accidents compared to car accidents, injuries being more often multiple and complicated head injuries. ..... rule 498-a is intended to avoid or mitigate the rigour of accident and ensuring safety travel and smooth flow of traffic as the head is the direct target in the event of accident and is thus a continuation of the thread of precautions postulated in chapter iv. ..... ' all in all, as a neurosurgeon looking after the road accidents victims with head injuries in gandhi hospital number 1500 cases every year on an average. ..... the helmet is designed as an escape from unpredictable accidents and softens the severity of the injuries, medical opinion sought to be relied upon by the petitioners states that the helmets as designed now contribute to some health problems and ailments including impairing the sight and ..... as head injury, is the major cause of death in accident victims, wearing of the she helmet reduces to a significant degree both the mortality and morbidity of the head injury patients. ..... on the other hand there is overwhelmed medical-opinion in stating that wearing of helmets ensures safety to the head in the event of collision or accident and does not result in serious ailments. ..... with a view to forestall the dangers and injuries in the accident the insistence upon wearing helmet is conceived. .....