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Delhi Transport Corporation Vs. Smt. Geeta Kakkar and ors.

Court : Delhi

Reported in : I(2004)ACC478; 2005ACJ1977; 2003VIAD(Delhi)362; 2003(71)DRJ4

..... it is now well-settled that while assessing the compensation payable to the victims of the road accident, the courts and tribunal must take into consideration the future prospects in the life and career of the deceased ..... mittal who was stated to be going behind the deceased on his motorcycle having witnessed the accident made a report about the same to the police and after investigation an fir was registered. ..... tribunal, in my view, has, thereforee, rightly relied upon the statement of this witness to come to a finding that accident was caused due to the rash and negligent driving of the bus by its driver. ..... fact that the fir was registered at the instance of anil mittal immediately after the accident clearly shows that anil mittal was an eye-witness to the accident and the tribunal has, thereforee, rightly relied upon his statement. ..... deciding the issue no.1, the tribunal relied upon the testimony of the eye-witnesses and held that the accident was caused due to the rash and negligent driving of the bus by its driver. ..... since this witness was immediately behind the deceased, he after noticing the accident and that deceased was bleeding from head, reported the matter to the ..... appellants who are the wife and children of the deceased filed an application before the motor accident claims tribunal claiming compensation for the death of the deceased. ..... both these appeals arise out of the same award passed by the motor accident claims tribunal, they have been disposed of by this common order. .....

Delhi Administration and anr. Vs. Chaitali Sen Gupta and ors.

Court : Delhi

Reported in : I(2004)ACC589; 2003VIAD(Delhi)447

..... of these averments and on the basis of the evidence recorded by it came to the conclusion that it was entirely because of the negligence of the driver of the jail van that the accident was caused and since the deceased had died in the said accident, the respondents were entitled to claim compensation for his death from the appellants. ..... for compensation was contested by the appellants on the ground that the accident was not caused by the rash and negligent driving of the jail van ..... appeal is filed by the appellants challenging the award of the motor accident claims tribunal whereby the tribunal had allowed the claim application of the respondents claiming compensation for the death of the husband of respondent no.1 and father of respondents 2 and 3 who had died in a road accident caused due to the rash and negligent driving of the jail van ..... the fir and report of the said accident shows that the accident was caused due to the rash and negligent ..... i agree with the findings of the tribunal that the accident was caused due to the negligent driving of the jail van and the appellants are liable to pay compensation to the ..... on record, i am unable to agree with learned counsel for the appellant that the accident was caused due to the negligence of the bus bearing no. ..... owner and driver of the aforesaid bus ought to have been added as respondents and only the owner and driver of the bus are liable to pay compensation, if any, to the respondents as accident was caused due to their negligence. .....

Arvind Kumar Vs. Rajesh Kumar and ors.

Court : Delhi

Reported in : II(1995)ACC532; 1995ACJ948; 1995IIAD(Delhi)632; 58(1995)DLT691; (1995)111PLR31

..... that is why it has been said by the courts that whenever any amount is determined as the compensation pay- ' .able for any injury suffered during an accident, the object is to compensate such injury 'so far as money can compensate' because it is impossible to equate the money with the human sufferings or personal deprivations.money cannot renew a broken and ..... the appellant cannot speak as his tongue has been damaged due to braininjury;(b) as an impact of the accident the life of the appellant has been ruined,he will have no chances of settlement in life and marriage and in any case he will require permanent care; the earning capacity has been reduced to zero ..... he has become crippled and his mental faculties have been adversely affected due to this accident caused by respondent no.1 he cannot swallow anything except liquid and has to be taken care of constantly ..... in its very nature whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of the disability ..... to appear in various courts including the high court and the supreme court and because of the accident he became disabled and was unable to resume practice.the tribunal awarded total compensation of rs. ..... respondent no 4has filed separate written statement and admitted the factum of accident but denied that this accident took place due to rash and negligent driving on the part of .....

Oriental Insurance Company Ltd. Vs. Rekha Gupta and ors.

Court : Delhi

Reported in : 1996ACJ266; 1995IIIAD(Delhi)155; 1995(34)DRJ716

..... appellant insurance company filed its written statement in which it has admitted the death of the deceased as well as of the accident but has denied that the accident took place due to rash and negligent driving of the bus in question on the part of respondent no.6. ..... the learned counsel for the appellant has vehemently contended that the accident was not caused due to rash and negligent driving of the driver ..... is a history of longevity of life in the family and the father of the deceased was 70 years of age at the time of accident and his grand father died at the age of 95 years. ..... the respondents have further alleged that the accident took place due to the negligence on the part of respondent no.6 as he was driving the vehicle rashly and recklessly in due course of his employment under respondent ..... car was on the left side of the road and the bus driver did not give any horn and the accident was caused due to his negligence. ..... according to the appellant, the accident took place due to rash and negligent driving of maruti car on the part of the deceased shri ganga ram ..... he reached the spot of accident along with constable surender pal ..... the present appeal is directed against the judgment and award dated october 28, 1988 of shri b.l.garg, judge, motor accident claims tribunal, delhi. ..... counsel for the appellant has, thereforee, argued that the eye witnesses referred to above have been planted subsequently as public witness 11 never found any eye witness on the spot where the accident took place. .....

Shri Shyam Singh Vs. Sh. Jhangru Parshad and ors.

Court : Delhi

Reported in : I(2004)ACC235; 2003VIIIAD(Delhi)37

..... alleging that the appellant had been using his right hand for writing but because of accident the appellant lost his right hand and is now forced to write with his left hand which has become a permanent impediment ..... schedule, to arrive at just compensation payable to the injured in case of disability arising out of non-fatal accident, the victim is entitled to be paid the loss of income, if any, for actual period of disablement. ..... 1996iad(delhi)552 that as for pecuniary damages in injury cases, one has to compute loss of earnings up to date of trial, prospective loss of earnings, taking into account i) probable future earnings, as if there was no accident; ii) potential future earnings after the accident, and find the difference; and iii) fix the period of incapacity. ..... my opinion, should be sensitive to the sufferings of the person who die or receive injuries in a road accidents and should not deny just compensation to the victims of the road accident and should not succumb to niceties, technicalities and mystic maybes. ..... the disability certificate have been issued by the government hospital and this court cannot ignore the same especially for the reason that admittedly the appellant had received injuries in the accident caused due to the rash and negligent driving of the truck by its driver. ..... the appeal filed by the appellant for enhancement of compensation for the injuries received by him in a road accident caused by the rash and negligent driving of the truck bearing registration no. .....

The New India Assurance Co. Ltd. Vs. Manohar Khushalani and ors.

Court : Delhi

Reported in : II(1995)ACC573

..... the tribunal referred to the statement of the driver mir chand in the criminal court wherein it was conceded that he had caused the accident by coming from behind the motor-cycle of the respondent-claimant in order to go to the lane meant for the traffic going to the right without blowing any ..... /1981) filed by the respondent-claimant.the respondent filed a petition under section 110-a of the motor vehicles act, 1939 on account of grievous injuries sustained by him in an accident that took place at the crossing of bahadur shah zafar marg on april 27, 1973 at about 1.30 p.m. ..... hattangadi's case (supra) has clearly accepted that fixation of damages in case of accident involves guess work, some element of hypothetical consideration some amount of sympathy linked with the nature of disability ..... [1995]1scr75 and reference is made to paragraph 9 which reads as follows:broadly speaking while fixing an amount of compensation payable to a victim of in accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... these activities which the respondent could not indulge due to the unfortunate accident would fall under the head 'loss of enjoyment and amenities of life ..... was not the owner of the vehicle, alleged to be involved in the accident and the same was under hire purchase agreement with m/s. ..... however, the date, time and place of accident were not denied but it was submitted that the accident did not occur due to rash and negligent driving of respondent no. .....

Poonam Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : I(2003)ACC194; 2004ACJ80; AIR2003Delhi50; 100(2002)DLT721; 2003(66)DRJ407; [2004(101)FLR165]

..... place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath for a breath test:- (a) ..... 100,000 and 150,000 four to five times that number of patients are seen in accident and emergency departments (jennet and teas dale1981), a figure of about 500,000. ..... it is not surprising that from the enormous numbers of patients who are seen in accident and emergency departments and admitted to hospital following head injuries a certain number of claims of negligence ..... of the very large numbers of patients with head injuries seen in accident and emergency departments the great majority as previously indicated recover without treatment, although they may suffer post-traumatic syndromes of various types which are not ..... in order to assist casualty' officers and other junior staff in accident and emergency departments with these decisions a group of neurosurgeons met in 1984 and produced a set of guidelines (british medical ..... it is submitted that the legal representatives of the victim of a road accident cannot be denied just compensation on that ground.according to the learned counsel, having regard to the legislative policy as contained in the said act relating to hit and run cases, the petitioner was entitled to .....

Delhi Transport Corporation Vs. Rajbir Singh

Court : Delhi

Reported in : 100(2002)DLT111; 2003(2)SLJ102(Delhi)

..... provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as the said act).before the learned single judge, inter alia, a question was raised that as the accident had taken place prior to coming into force of the said act, the same would not be applicable in the instant case.5. ..... sabharwal, would contend must not be read literally, inasmuch as, so read, it would lead to absurdity and the employer will be burdened with unnecessary liabilities although the accident had not taken place during the course of employment.7. ..... the learned single judge in his judgment under appeal, inter alias held:(i) there is nothing on record to show that the respondent had not met with the accident;(ii) having regard to the decision of this court in baljeet singh v. ..... dtc, : 83(2000)dlt286 , it is not necessary that the accident must occur during the course of employment and thus the order of termination must be held to be bad in law.5. mr. ..... the respondent-rajbir singh met with an accident on 12.8.1996 as a consequence whereof his left femur bone was fractured. ..... sabharwal would urge it was held that accident occurred during the course of employment.6. mr. ..... disability comes as a result of an accident or disease.11. ..... accident might have occurred in 1995, and the act might have come into force on 7.2.1996 but the submission of mr. .....

Dharam Pal, Driver S/O Sh. Tarwar Singh Vs. Delhi Transport Corporatio ...

Court : Delhi

Reported in : 141(2007)DLT237; [2007(114)FLR738]; (2007)IIILLJ888Del

..... counsel for the respondent has further stated that in all fairness respondent was given alternative duties after the accident up to the date of superannuation i.e.12.4.2004, thereafter there was no obligation of the respondent to continue with the said engagement unless the petitioner qualifies the medical test in accordance with ..... on the above discussion, i feel that the petitioner should get the benefit of enhanced age of 60 years, as due to the accident he has become disabled and due to which alone he stands disqualified to prove his medical fitness on the post of driver. ..... the said office order certainly is not meant for the persons who become disabled due to any accident or otherwise prior to the age of 55 years and who have already been given some other ancillary job by the respondent dtc under section 47 of the persons with disabilities (equal opportunities, protection of rights and ..... writ of mandamus be issued against the respondent corporation with cost, thereby directing the respondent to absorb and place the respondent on the post which he would have been entitled to if he had not suffered the accident in august, 1994 and to grant all benefits including the increase in the salary and other benefits such as d.a. ..... petitioner has assailed the decision dated 30.4.2004 of the respondent on the grounds that the petitioner has sustained the injuries on account of a sudden accident while performing his duties although he remained medically fit and enjoyed good health in general. .....

General Manager, Haryana Roadways and anr. Vs. Savitri Devi and ors.

Court : Delhi

..... his widow, four sons and father, which culminated in the passing of the impugned judgment and award whereby and whereunder the motor accident claims tribunal awarded a total compensation of ` 9,85,216/- (rupees nine lakh eighty five thousand two hundred and sixteen only) to the legal representatives of the deceased payable by haryana roadways alongwith interest at the rate of 7.5% ..... the concise facts leading to the filing of the appeals are that on 11.07.2005 one naresh kumar met with a road accident while crossing the road at the gopalpur wazirabad crossing, outer ring road, delhi, when he was hit by a haryana roadways bus bearing no.hr-62-0359 being driven at a high speed, rashly and negligently, and in complete ..... with regard to contributory negligence was, therefore, nothing but a last-ditch attempt to wriggle out of the judgment and award passed by the motor accidents claims tribunal, whereby the liability of the award amount has been put at the door of the appellant. 7. ..... to be noted that the said witness in his entire testimony did not dispute the factum of accident and that it was he who was driving the bus of the haryana roadways bearing no.hr-62-0359 at the ..... thus, for instance, if there is natural death or death by suicide or serious illness or even death by accidents through train or air flight not involving a motor vehicle and any amount/s is received by the legal representatives of the deceased on account of such death, it would not be deductible under the motor .....