Court : Delhi
Reported in : AIR1982Delhi575; 21(1982)DLT245
..... 2048 of 1977) filed by the delhi municipal corporation (herein called 'the corporation') challenging the finding that the accident resulting in the death of ramesh chand was due to rash and negli gent driving of the driver ajit singh who was driving the bus bearing registration ..... (3) the question for decision before the tribunal was whether this accident resulting in the death of ramesh ghand occurred due to the rash and negligent act of the ..... that the bus conductor who could probably throw some light on the manner in which the accident took place, has been purposely with-held by the respondents. ..... nand and hem chander,pws 6 and 7 respectively, and in view of the unsatisfactory evidence, produced by the respondents in support of their case regarding the failure of brakes, i uphold the finding of the tribunal that the accident occurred due to rash and negligent driving of respondent no. ..... appellants herein are the legal representatives of per section 1-a of the fatal accidents act, that firm was earning about rs. ..... (8) the plea of the respondents that the accident took place due to brake failure which was sought to be substantiated through the evidence of shiv gopal saxena (rw 1) has not ..... tribunal while negativing this defense pica of brake failure has held that the accident was due to rash, negligent act of respondent no. ..... the defense briefly was that the accident was an net of god which occurred due to the mechanical failure of the brakes and the respondent's were not responsible for .....
Tag this Judgment!Court : Delhi
Reported in : III(2006)ACC261; 2007ACJ2010
..... the learned tribunal by the impugned order dated 6.12.2004 held that the accident had taken place due to the negligence of the respondent no.1 and thereforee the said respondent along with the respondents 2 and 3 were jointly and severally liable to pay compensation.5. ..... : [1995]1scr75 , has laid down as under :broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... the time difference between the date of the enactment and the date of the accident is not such, that this aspect requires examination in the present matter. ..... the decision in the case of lata wadhwa (supra) relates to a fire accident in 1989 and thereforee this figure of conventional compensation has to be adequately enhanced to compensate for inflation and declining value/purchasing power of the rupee. ..... in lata wadhwa's (supra) case the fire accident had taken place on 3.3.1989, whereas in the present case the accident had taken place almost 8 years thereafter on 18.11.1997. ..... i am not examining and going into this aspect as the accident had taken place in the present case nearly three years after the enactment of the second schedule. ..... compensation in cases of motor accidents, as in other matters, is paid for reparation of damages. ..... the motor accident claims act, 1988 (hereinafter referred to as the `act', for short) provides for payment of just compensation(see sections 166 and 168 of the act). .....
Tag this Judgment!Court : Delhi
Reported in : II(2002)ACC245; 2004ACJ220; 2002VIAD(Delhi)124; 97(2002)DLT982; 2002(62)DRJ636
..... by means of this petition under article 227 of the constitution, the petitioner seeks quashing of an order dated 16th november, 2001, passed by the judge, motor accident claims tribunal, delhi, thereby dismissing applications of the petitioner under order 9 rule 4 read with section 151 of the limitation act seeking restoration of the petitioner which was dismissed in default.2. ..... the facts leading to the present petition are that on 18th march, 1994, the petitioner had filed a petitioner under the motor accident claim act for award of the compensation in regard to the accidental death of her only son of young age. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi67; 8(1972)DLT199
..... application under section 110-a of the motor vehicles act, 1939 (hereinafter refereed to as the act) was filed in the court of the motor accidents claims tribunal (hereinafter referred to as the tribunal) by his father and his three brothers claiming compensation of rs. ..... that the list of the legal heirs mentioned in section 1-a of the fatal accidents act is exhaustive and that no other relations or dependents of the deceased like his brothers or sisters can claim compensation has been held by the lahore high court in bishen das ..... this does not affect the main conclusion of their lordships that the term 'legal representative' in section 110-a of the act includes the persons referred to as 'representatives' in section 1-a of the fatal accidents act, namely the wife or husband, parent and child of the deceased. ..... failure to take such precautions amounts to culpable negligence, i, thereforee, agree with the finding of the learned tribunal that the accident occurred due to the rashness and negligence of the driver of the bus. ..... first petitioner was aged about 66 years at the time of the accident and the learned tribunal estimated his life expectancy at 71 years. ..... three witnesses were examined on behalf of the petitioners to prove that the accident occurred due to the rashness or negligence of the driver of the bus. a. ..... 4 and 7, the learned tribunal held that the accident occurred only due to the rashness and negligence of the driver of the bus and that the deceased was not guilty of any .....
Tag this Judgment!Court : Delhi
Reported in : 2000(56)DRJ724
..... 'xx xx xx limits of liability (limits of the company's liability such amount as is under section ii-(i) in respect necessary to meet of any one accident such amount the requirements as is necessary to meet the requirements of motor vehicle of motor vehicle act, 1939. ..... and indicate that the insurance company has under taken to indemnify the insured against all sums which the insured has become liable to pay to the claimants in respect of death of the victim of the accident, and the liability of the insurer is not confined to the limits set by section 95(2) of the act. 16. ..... in a nut shell, the forum required to determine the compensation for the family of the victim of an accident ought to proceed in the following manner:- (1) break the family into units by taking two units for an adult and one unit for a minor and add ..... though section 95 of the act lays down the liability of the insurer in the case of an accident, it does not restrict the legal liability of the insurer in case the policy of insurance undertakes a liability in excess of the statu- ..... the claimants not being satisfied with the compensation awarded by the motor accident claims tribunal by its order dated november 6, 1989, filed an ..... have highlighted the fact that the deceased at the time of accident was 24 years of age and was drawing a stipend of ..... be realised that the tribunal/court has to deter- mine a fair amount of compensation awardable to the victim of an accident which must be proportionate to the injury caused. .....
Tag this Judgment!Court : Delhi
Reported in : 2(1997)ACC580
..... to all passenger carrying vehicles except motorised rickshaws--------------------------------------------------------------------per passenger on total licensedpassenger carrying capacity--------------------------------------------------------------------limit of liability(a) any one passenger 15,000 20,000 30,000 unlimited(b) any one accident overall limit depending upon thetotal licensed passenger carryingcapacityrate per passenger rs. 12/- rs. 23/- rs. 30/- rs. ..... whether the deceased suffered fatal injuries in an accident on may 1, 1986 caused due to rash and negligent driving of the bus ..... in view of the fact that the accident took place as far back as may 1,1986, the learned judge is requested to dispose of the matter on the above limited questions as expeditiously as possible, preferably within a period of six ..... respondents-claimants filed five claim petitions arising out of the same accident which took place on may 1, 1986. ..... , as prevalent at the relevant time when the accident took place reads as follows :legal liability for accident to passengersi. ..... present appeals arise out of the award dated may 3, 1993 passed by shri charanjit jawa, judge, motor accident claims tribunal, delhi. ..... account of which the accident took place and sanjay, gulshan kumar, david, ved prakash and mahesh kumar died as a result of the accident.3. ..... present case, there is no special contract between the appellant-company and respondent 4 to cover unlimited liability in respect of an accident to a passenger. .....
Tag this Judgment!Court : Delhi
Reported in : 138(2007)DLT113
..... we also heard the learned counsel for the respondents, who submitted that the appellant suffered the accident during the lunch hour when he had gone to take his lunch and not in the manner as sought to be submitted by the appellant. ..... there will be no scope for considering compassionate employment except in cases of work related accident death cases, where the company will consider providing compassionate employment to wives of deceased employee.6. ..... wife and dependent children (in case of male child up to 21 years and for female child up to marriage).4.3 the rehabilitation grant will not be admissible where compassionate employment is provided to the wife of the deceased employee (in case of work accident related death case) or when spouse is already employed in brpl. ..... on 8th january, 2002, the husband of the appellant met with an accident on the 31-c national highway, at an intersection. ..... as a result of the aforesaid accident, husband of the appellant died leaving behind the widow, the appellant and two minor children. ..... counsel appearing for the appellant vehemently submitted before us that the husband of the appellant died in course of his employment and, thereforee, it was a case of work related accident death case. ..... jugran can not be treated as a work related accident death case. ..... group personal accident benefit - rs. ..... on examination of the details of the case available in company records, the accident of late j.p. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311b
..... the train was being driven at the normal speed; that normal precaution had been taken by the authorities to ensure the safety of the track; that the track was apparently normal before the accident that the derailment though related to the track could not be attributed to any precise cause that the loss of oil was a consequence of the damage done to the wagon in question as ..... to say 'to say that a common carrier is not liable for the act of god is merely a short way of expressing this proposition : a common carrier is not liable for any accident as to which he can show that it was due to natural causes directly and exclusively, without human intervention, and that it could not have been prevented by any amount of foresight, pains ..... some of the known causes of derailment and all material to show that all reasonable precaution had been taken by the railway to avoid and avert the accident, the accident and the consequent loss must, thereforee, be attributed to either an 'act of god' or an 'act of public enemies' within the meaning of clauses (a) and (c) of section 73 of the act ..... that merely because the railway administration has produced material to exclude the possibility of some of the normal causes of an accident contributing to an accident or if the cause of the accident is otherwise inexplicable either on a proper enquiry or otherwise, such an accident must be attributed to providence or to a public enemy so as to entitle the railway administration lo immunity from consequent .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi265; 32(1983)DLT152
..... he heard the application of the breaks of the bus and his attention was diverted, he saw two persons having fallen down five or six paces ahead of the bus, that people ran towards the site of accident and he also ran with them and remained thereforee about 10 to 15 minutes and thereafter went to his residence, that the police had not reached the spot in his presence, that his statement was not ..... downward, there was, only white line dividing the road into two parts, that he was going to his residence and was waiting at the bus stop opposite to that of the bus stop where the accident took place, that the road might be 40 to 50 feet wide, that there were 15 to 20 persons, that he was residing at 11 25, east patel nagar, new delhi, that there was heavy flow of traffic on the road upward and ..... at a fast speed and the front right portion of the bus struck the sikh gentleman and the other persons that both fell down and the bus stopped after covering 2 to 4 paces after the accident, that the number of the bus was dlp 1573, that the person who were injured had got down earlier from another bus and were crossing the road, that they had crossed ..... down the deceased and his companion with its front side, without keeping proper look out and without caring for the safety of the road users, that the road around the place of accident was straight and the driver could have easily noticed the deceased and his companion from safe distance, that he ought to have slowed down the bus to avoid the .....
Tag this Judgment!Court : Delhi
Reported in : [1989]66CompCas149(Delhi)
..... 'section 95(1)(b) merely says that a policy of insurance must be a policy which insures the person or classes of persons specified in the policy to the extent specified in sub-section (2) and sub-section (3) provides for covering a liability incurred in an accident by fixing the limits under clause (a) if the vehicle is a goods vehicle a limit of rs.50,000 is imposed including the liabilities, if any, arising under the workmen's compensation act and under clause (b) if a vehicle in which passengers are carried ..... pnf 8204 and pnq 2409 were being used and driven at the time of the accident in contravention of the terms of their public carrier permits and in violation of the conditions incorporated in the insurance polices. 6 ..... the learned tribunal held that it had been fully established that the accident, resulting in fatal injuries to bhartu was caused due to rash and negligent driving on the part of the drivers of both the ..... in the application, it has been alleged that the aforesaid accident was caused by the rash and negligent driving of the vehicles by their respective drivers, namely, respondents, jit singh and sucha ..... also agree with this finding and hold that at the time of accident, the deceased, shri bhartu, was 45 years old. ..... regard to the age of the deceased at the time of accident, the post mortem report has been believed. ..... no doubt, it is for the petitioners to prove that the accident was caused due to the rash and negligent driving on the part of the drivers of the .....
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