Judgment Search Results Home > Cases Phrase: accident Court: delhi Page 5 of about 60,498 results (0.132 seconds)

Amar Singh Thukral, S/O Shri Joumphi Ram, Vs. Sandeep Chhatwal, S/O Sh ...

Court : Delhi

Reported in : II(2004)ACC826; 2005ACJ1187; 112(2004)DLT478; 2004(75)DRJ553

..... in so far as the present case is concerned, it would have been appropriate if learned counsel had moved an application for amendment of the claim petition; but since the accident took place more than 20 years ago, and this appeal has been pending in this court for almost 15 years, i think it would only be appropriate to accede to the oral prayer of learned counsel that ..... court referred to the provisions of section 158(4) of the act wherein it is mentioned 'the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act. ..... facts emerge from the decision in lata wadhwa:- interest was not awarded on the amount of compensation, as is usually done in claims arising out of motor accident cases.the august supreme court stratified the pecuniary value of services rendered by housewives. ..... the basic principles for award of compensation in motor accident claim cases have been left untouched nor have they been modified either in lata wadhwa ..... of this court held in paragraph 24 of the report that lata wadhwa cannot have any application in cases pertaining to motor accidents because the act is a complete code by itself. ..... entire jurisprudence of awarding compensation in motor accident claim cases will have to be re-written ..... so, then the award of interest and consideration of future prospects and future income, which are always taken into account in motor accident claim cases will have to be given a go by. .....

Gurbakshi Rai Vs. Chandgri Ram and ors.

Court : Delhi

Reported in : I(1996)ACC410; 1996ACJ1276; 60(1995)DLT697

..... the duty is cast on the driver as well as the owner to maintain the vehicle in good road-worthy condition and the accident would not have occurred, if those who had the management, used proper care. ..... the appellant allegedly was admitted in hospital on the date of accident and remained there as indoor patient till 7th october, 1971. ..... in this view, it is established on record that the accident took place due to the poor maintenance on the part of respondent no. ..... it was further alleged that the accident was caused on account of negligence and careless act on the part of respondents i and 2 though respondents 3 and 4 were also stated to be equally liable for riot providing road-worthy and proper vans to the staff. ..... it were the members of the raiding party themselves who are responsible for creating circumstances leading to this accident and not the respondents. ..... it was contended that the accident took place on account of rash and negligent act on the part of the respondents. ..... sain, judge, motor accident claims tribunal, delhi, by which the claim petition of the appellant was dismissed. ..... there is obvious inconvenience, discomfort and hardship which result from the accident of this kind. ..... deputy commissioner, delhi at the time of accident. ..... 4 was next considered and it was held that the respondents were not responsible for creating circumstances leading to the accident. ..... 1 was not driving the vehicle in rash and negligent manner at the time of accident. .....

Sudarshan Devi Vs. Mohd. Yasin

Court : Delhi

Reported in : II(1997)ACC268; 1998ACJ1212; 1997IVAD(Delhi)1021; 68(1997)DLT122; 1997(43)DRJ309; (1998)118PLR51

..... in these circumstances, an inference deserves to be drawn that the deceased was hit by matador van driven by respondent no.1 and the very fact that the body was found at considerable place from the site of accident the same in the absence of any explanationn would lead us to believe that the cause of the death as stated on behalf of the appellants stands duly proved. ..... in appeal learned single judge also, on appreciation of evidence, concluded that the tribunal had rightly disbelieved the testimony of witnesses and its conclusion that there was no evidence to the effect that accident was the result of rash and negligent driving of the offending vehicle by respondent no.1 is unassailable. ..... disbelieving him, both learned single judge and the tribunal, concluded that there was no evidence to the effect that the accident was as a result of rash and negligent driving of the offending vehicle driven by respondent no.1. ..... on the ground that the claimants failed to prove by cogent evidence that the accident occurred as a result of rash and negligent driving of the matador van driven by respondent no.1. ..... it was denied that the vehicle in question was concerned or connected in the accident or that the accident occurred due to rash and negligent driving of the vehicle by respondent no.1. ..... 2, the son of the deceased was known to him prior to the accident and he had already disclosed these facts to ashok kumar two months prior to the date of making of the statement. .....

Upsrc Vs. Munni Devi

Court : Delhi

Reported in : 2008(106)DRJ115

..... has wrongly attributed negligence on the part of the driver of the appellant's bus who was driving the bus on its left hand side and made his best efforts to avert the accident by even entering the extreme left kuccha portion, but still the maruti car which was being driven in a most rash and negligent manner while overtaking a truck, got collided with ..... that injured/claimants have given contradictory statements before the learned mact while the bus conductor produced by the appellant gave correct version of the accident, but still the tribunal believed the version as given by the claimants while discarding and disbelieving the version of the appellant. ..... for the respondent further submitted that the claimants who suffered injuries in the said accident gave correct version of the said accident and their testimonies were duly supported by the documentary evidence produced from the criminal ..... this court has already taken a view that wherever the income of the victim of the accident is considered under the minimum wages act, then necessarily the increase shall also follow, based ..... this court has already taken a view that wherever the income of the victim of the accident is considered under the minimum wages act, then necessarily the increase shall also necessarily follow, based ..... bus of the appellant entered into the kuchcha portion on the left side, is believed as correct, then certainly, the said accident killing three persons and injuring five persons could have been easily avoided. .....

Dharambir Singh Vs. Shanti Devi and ors.

Court : Delhi

Reported in : II(1995)ACC359; 1995ACJ1178

..... the said respondents took the plea that the accident had occurred because of the negligence of the deceased ..... deceased had boarded the bus and had not gone inside the bus when it started moving and when it reached kashmere gate, the unfortunate accident took place as the bus took a sharp turn. ..... who was the owner at the time of accident and the accident took place in the course of employment. ..... liable to pay compensation, the only contention which has been made by learned counsel for the appellant is that the appellant is aggrieved by the finding that he was responsible for contributory negligence leading to the accident along with the driver of the bus, respondent no. ..... the remaining 75% negligence leading to the accident in question was held to be shared by ..... was about 38 years of age at the time of accident and was having an income of rs. ..... -claimants filed an application under section 110-a of the motor vehicles act, 1939 on the averments that one khem karan lal died in a road accident on january 12,1971 in an accident at about 8 p.m. ..... , judge motor accident claims tribunal, ..... karan lal received fatal injuries in course of an accident with bus no. ..... 6 at the time of accident and he was solely responsible as he had entered into an agreement with the delhi transport corporation that he will take up insurance policy covering third party risk and the corporation was not liable ..... the accident took place as far back as on 12th january, 1971 when the deceased had a span of about 20 years in his .....

Mr. Rama Shankar Sharma Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2009ACJ171; AIR2008Delhi87; 2007(99)DRJ624

..... so far as contradiction between the written statement filed by the railways and the testimony of govind singh, dw-2 is concerned, i note that in para 4 of the written statement originally filed it was pleaded that the accident in question had occurred while the appellant was alighting from the running train. ..... contradicts the stand taken by the railway in their written statement wherein it is submitted that the accident had occurred when the appellant was trying to alight from the running train.12. ..... the view taken by the tribunal that the appellant was not a passenger and that accident in question occurred when he was trying to board the running train is more probable.18. ..... fact that the luggage of the appellant was found with him even after the accident also points to the fact that the accident in question occurred when he was trying to board the running train. ..... points to the fact that the deceased was not a bona fide passenger and that the accident occurred when he was trying to board the train which was in motion.24. ..... search memo was prepared by govind singh, dw-1 at the time when the appellant was removed to the hospital immediately after the accident records that an old airbag was found with the appellant. ..... dw2/1 wherein the appellant had stated that the accident had occurred when he was trying to board the ..... on learning about the accident, he pulled the chain of the ..... witness was posted at the concerned police station on the date of the accident and had investigated the accident. .....

Delhi Transport Corporation Vs. Shri B.P. Singhal and ors.

Court : Delhi

Reported in : 2008(101)DRJ460

..... witness also stated that there was a green signal as far as three wheeler scooter was concerned and the accident had occurred because the bus driver had jumped the red light and was trying to cross the main crossing at a very high speed and at which point of time the said accident occurred in which three wheeler scooter not only turned turtle but was dragged at about a distance of 100 ..... act or mission was the proximate and immediate cause of death, the fact that the person suffering injury was himself negligent and also contributed to the accident or other circumstances by which the injury was caused would not afford a defense to the other. ..... the claimants one witness appearing as pw5 has deposed regarding the manner in which the accident took place, he was traveling in the offending bus driven by the respondent no. 1 ..... the claimants one witness appearing as pw5 has deposed regarding the manner in which the accident took place, he was traveling in the offending bus driven by the respondent no. 1 ..... law on compensation for injuries were worked out in the 19th century, where railway accidents were becoming common and all actions were tried by the jury. ..... the case of 1990 (2) 7ac 59 that where the conductor of the bus was not examined he being the best witness of the accident and adverse inference can reasonably be raised on this account.12. ..... contends that dtc alone could not have been held responsible for causing the accident and at best it was a clear cut case of contributory negligence. .....

Angrejo and ors. Vs. Rajinder Singh and ors.

Court : Delhi

..... learned tribunal also erred in holding that there was a discrepancy between the version of the accident given in the claim petition by the claimants themselves and the version given by pw2 chander bhan ..... aforesaid testimony of pw2 chander bhan remained unshaken in cross-examination, in the course of which the witness stated that he had witnessed the accident while standing at the bus stand of chara mandi, najafgarh, 40 yards away from the scene of occurrence. 6. ..... find no cogent reason to reject the testimony of pw2 chander bhan who categorically stated in the witness box that he was an eye witness to the accident, which was caused due to the rash and negligent driving of the respondent no.1-driver of the bus. ..... , it cannot be forgotten that pw2 chander bhan appeared in the witness box more than six years after the accident took place and for the witness to recollect clearly and in minute detail the exact manner in which the accident took place, unless he is a tutored witness, would not be possible. 8. ..... this appeal is directed against the judgment of the motor accidents claims tribunal, delhi dated 08.11.1994 whereby the claim petition of the appellants bearing suit no.134/83 under section 110-a of the motor vehicles act, 1988 was dismissed ..... to enter the witness box to state on oath that the bus owned by the respondent no.2 and driven by the respondent no.1, was not being plied on route no.835 and had not met with the accident which resulted in the untimely demise of harke ram. .....

icici Lombard General Insurance Co. Ltd and Others Vs. Kanti Devi and ...

Court : Delhi

..... claims tribunal agreed procedure (the agreed procedure) in which the delhi high court extended the scope of section 158 (6) of the act and enjoined upon the police officer to furnish the dar within 30 days of the accident and to forward it to the claims tribunal with duly verified documents (copy of the report under section 173 of the code, fir, photographs, site plan, mechanical inspection report, seizure memo, photocopies of documents mentioned in ..... (2) if so, what is the extent and limitation in awarding the costs including in the cases decided on merits or on the basis of accident information report (air) or detailed accident report (dar) or before and after settlement of issues or otherwise on a settlement between the parties. ..... 23. section 158 (6) of the act provides for filing of air by the police officer investigating the accident case or by the officer in-charge of the police station to the concerned claims ..... govt. of nct of delhi framed another set of rules, namely, the delhi motor accident claims tribunal rules, 2008 (the claims tribunal rules, 2008) in exercise of its power under section 176 of the ..... 2012. the appellant filed a written statement admitting the factum of accident and validity of the driving ..... since the appellants do not dispute the award of compensation and challenge the judgment only on the question of award of counsels fee and out of pocket expenses, it is not necessary to deal with the manner of accident and the quantum of compensation awarded. .....

Harbans Singh Vs. Union of India, Through the Secretary, Ministry of D ...

Court : Delhi

Reported in : AIR1971Delhi227

..... (annexure h-1) dated 27th january, 1966 was sent to the petitioner rejecting the said appeal and mentioning that the reasons for the rejection of his appeal was that at the time of the accident he was traveling on his own scooter and without the permission of his higher authorities, that the said reason was abandoned in paragraph 6 of the counter-affidavit as it was found that ..... rules, there must be a causal connection between disablement and military service for attributability or aggravation to be conceded, that the petitioner was not traveling at 'public expense' at the time of the accident, and was, thereforee, considered to be not 'on duty' at that material time, and that since the causal connection between the disablement and military service could not thus be established, the disability ..... free conveyance i.e, at government or public expense up to 600 miles from calcutta, and beyond the 600th mile he has to be held to have not travelled at public expense, and that since the accident has occurred between ambala cantt, and patiala at a place which is about 14 miles from patiala, it cannot be held to have occurred while the petitioner was traveling at public expense. ..... his writ petition that when he was in the hospital, the military authorities made enquiries form him about the nature and the manner in which the accident had taken place, and that after detailed and thorough examination by the said authorities, the part ii order was published by the army headquarters (adjutant .....