Court : Andhra Pradesh
Reported in : 1997(6)ALT569
..... the learned chairman, although there is no evidence in respect of the plea taken by the second respondent in the counter-affidavit that the drivers of both the vehicles did not give space, recorded a finding that the accident was the result of composite negligence of the drivers of the rtc bus and the oil tanker, and as the apsrtc was not impleaded as a respondent, he was of the view that the compensation amount has to ..... by the learned chairman as to what constitutes contributory negligence and composite negligence are unexceptionable, we are of the view that there the is no warrant for the inference that the accident in question was the result of composite negligence and, therefore, the failure on the part of the claimant to implead the apsrtc should result in his losing half of the ..... negligence, which was based on no evidence, is excluded, what follows unquestionably is that the accident was the result of the rash driving by the driver of the oil tanker.6. ..... although the driver and owner of the oil tanker involved in the accident were made parties (respondents), both of them remained ex-parte and no evidence ..... 1,33,000/- was awarded in favour of the appellant herein in respect of a motor accident that occurred on 14-5-1993 in yellaram village near adilabad, which had resulted in the total severance of his ..... this appeal is from the judgment of the learned chairman, motor accident claims tribunal-cum-additional district judge, adilabad, in o.p.no.402 of 1993, by which compensation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD138
..... 75,000/- and while observing that inasmuch as the second respondent was not having a valid driving licence at the time of the accident, the appellant cannot be made liable to pay the compensation, but in view of the fact that the first respondent received a crush injury and underwent four operations and sustained a permanent disability at tender age, the ..... 'so it has to be seen whether the evidence led before the tribunal reveals about the second respondent not possessing a licence to drive transport vehicles, could be the result of the accident or if the accident was due to some mechanical defect or other trivial reason.10. ..... minor breaches of licence conditions, such as want of medical fitness certificate, requirement about age of the driver and the like not found to have been the direct cause of the accident, would be treated as minor breaches of inconsequential deviation in the matter of use of vehicles. ..... ex.a.1-first information report issued in connection with the accident shows that the father of the first respondent gave a report alleging that when he, his wife and first respondent were proceeding on the road, after performing vratam at annavaram, the driver of the vehicle bearing no. ..... third respondent filed a counter putting the first respondent to proof of the averments of the petition and contended that inasmuch as the second respondent was having a valid and subsisting driving licence at the time of the accident, the compensation is payable by the appellant. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT260
..... sathasivam (as his lordship then was) speaking for the division bench, made it clear that though the claimants failed to place the first information report, sketch relating to the scene of accident, inasmuch as the motor accidents claims tribunal must take special care to see that innocent victims did not suffer and owners and drivers do not escape liability merely because of some doubt here and there, culpability must ..... that apart, to say that the first information report alone should be the conclusive basis for determining the manner of the accident, even in spite of the availability of other dependable evidence on record on that aspect, will be offending the plain language of the statute and if that were the purport of sub-rule (7), it cannot be considered valid, as any ..... made clear that merely because the eye witness did not inform the police nor made any specific complaint, did not diminish his statement before the court regarding the manner of accident, if the evidence of the said witness is cogent, natural and probable. ..... 2003 (3) tac 569 (supreme court on accident claims, page 1256) : 2003 (6) alt 21.3 (dnsc), the apex court emphasized that it has to be borne in mind that compensation for loss of limbs or life can hardly be weighed in golden scales, while it is also not expected to ..... that context that the apex court upheld the reliability of the first information report referred to in the claim petition itself and from which the factum of the accident was considered proved. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT464
..... 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 expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant 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 tiling the original petition cannot be condoned and that there is no justification for condonation of the exorbitant delay ..... a perusal of the orderpassed 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 of ..... krishna murthy raised another argument 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 remembered 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1995)ACC469; 1994(3)ALT58
..... we have no hesitation to accept the same and the finding recorded by the tribunal that the accident was occurred due to the rash and negligent driving of the driver of the r.t.c. ..... 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. ..... gangarami reddy, learned counsel for the corporation sought to challenge the finding of the tribunal that the accident occurred due to 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. ..... on behalf of the respondent-corporation, r.w.1 the driver of the bus bearing no.aaz 8628 involved in the accident, was examined and ex.b-1 was marked.7. ..... the deceased as on the date of the accident was aged about36 years. ..... the tribunal accepted the evidence of p.w.3 who is an independent eye -witness to the accident, to the effect that the r.t.c. ..... 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 dependents in fatal accident cases. ..... at nippo factory, dargamitta, nellore, the deceased met with an accident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999ACJ816
..... propositions of law stated by the learned chairman as to what constitutes contributory negligence and composite negligence are unexceptionable, we are of the view that there is no warrant for the inference that the accident in question was the result of composite negligence and, therefore, the failure on the part of the claimant to implead the a.p.s.r.t.c. ..... finding of composite negligence, which was based on no evidence, is excluded, what follows unquestionably is that the accident was the result of the rash driving by the driver of the oil tanker.6. ..... although the driver and owner of the oil tanker involved in the accident were made parties (respondents), both of them remained ex parte and no evidence was adduced on ..... 1,33,000 was awarded in favour of the appellant herein in respect of a motor accident that occurred on 14.5.1993 in yellaram village near adilabad, which had resulted in the total severance of his right arm up to ..... land him in a state of permanent psychological depression; it would be difficult for him to forget the fact that at one time he had both the arms and the traumatic experience of losing one arm in a ghastly accident would haunt him for the rest of his life. ..... the counter-affidavit that the drivers of both the vehicles did not give space, recorded a finding that the accident was the result of composite negligence of the drivers of the r.t.c. ..... 2,66,000 in view of the finding that the accident was the result of composite negligence, the learned chairman granted .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2008]146CompCas266(AP)
..... the implementation of the project was delayed by six months due to cyclonic storm which damaged the infrastructure at the site of the project in november, 1996, and also a fire accident in april, 1997, affecting gas turbine-ii in addition to the failure of the generator transformer supplied by bhel and the delay in replacement of the same and the strike by transporters all over india in april, 1997.6. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2007)ACC535; 2007(4)ALD46; 2007(3)ALT20
..... the contention of the learned counsel for appellant is that in view of the evidence of r.w.1, the tribunal was in error in holding that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to it. ..... ex.b-1 sketch of the scene of accident which prima facie establishes that the accident occurred due to the rash and negligent driving of the bus by r.w.1, coupled with the evidence of p.w 2, ex.a-1 (fir) and ex.a-4 charge sheet clearly establish that the accident occurred due to the rash and negligent driving of the bus by r.w.1. ..... therefore, i also hold that the accident occurred due to the rash and negligent driving of the bus by r.w.1. ..... 2 clearly shows that the accident occurred due to the rash ad negligent driving of the driver of the bus belonging to the appellant, the finding of the tribunal on that aspect needs no interference.point n0. 1:5. ..... ex.b-1 the sketch of scene of accident shows that the bus proceeded to a distance of 120 ft. ..... the accident occurred when the deceased was crossing the road. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]54CompCas802(AP)
..... 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. 1 ..... these four appeals are spawned by a common order passed by the additional motor accident claims tribunal-cum-additional district and sessions judge, nellore, in two applications, viz., ..... whether the petitioner sustained injuries as a result of the bus accident on april 6, 1977, and whether the said accident was due to the rash and negligent driving of the driver, the second respondent, of the bus, apn 5938, owned by the 1st respondent and insured with the third respondent ..... the second respondent in his separate counter pleaded that the accident occurred entirely due to the negligent driving of the deceased, srinivasulu reddy, and in any case he was not liable to pay any compensation as he was only ..... he applied brakes and tried to avoid the accident, but still the bus hit the scooter ..... on an effective evaluation of the evidence held that the accident in which srinivasulu reddy died and p.w. ..... the questions that arises are : (1) whether the accident occurred due to the rash and negligent 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. ..... there was a motor accident on the pennar road bridge near nellore town involving the bus, apn 5938, and the scooter, aau 889 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP31
..... on his wav to the place of the landlord with the honest and avowed object of paying the rent to him before the expiry of the time, namely one month fromthe agreed date, and meets with an accident and remains unconscious, consequently, for a number of days in the hospital and, therefore, failed to pay the rent by the due date. .....
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