Court : Delhi
Reported in : AIR1994Delhi10
..... sakinaben mohamdbhai, reported in 1977 acj 44 : air 1977 guj 179 held that if the insurer agrees to indemnify the insured in respect of all liabilities including those arising under the fatal accidents act or at common law, it would be bound to reimburse him for the entire amount of compensation which may be awarded to a claimant against him, and not limited to the extent of the liability ..... modi : [1982]1scr860 held that the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation, takes a sting out of the laws of compensation and added to that the monstrous inflation and the consequent fall in the value of rupee makes the compensation demanded years ..... she being alive even after 14 years of the accident, thereforee, the multiplier of five years is completely ..... the tribunal came to the conclusion that the accident was due to contributory negligence of the truck driver to the extent of 70% and of the driver to the extent of 30% ..... they may not have contributed to this accident or acted negligently, but since they did not implead the owner of the car and its insurance company, thereforee, they have to forego 30% of their share of compensation from the tortfeasors who are before ..... damaged and all the three occupants received serious injuries but ultimately succumbed to the same, the legal heirs of all the deceased filed petitions for the grant of compensation before the motor accident claim tribunal thereinafter called (the tribunal). .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi98; (1969)IILLJ195Del
..... main guard room no.3 wing he saw the motor truck coming out from the 'out gate' of the main guard room; that the point of accident was about 3 or 4 yards from the road leading to the in gate 'that in the beginning the truck was keeping towards the left; that he was following the motor cycle driven by the deceased; that as ..... out for the same; that the motor-cyclists coming from the opposite direction suddenly put on their head lights and he was suddenly dazed by the glare there from; that at the time of the accident one head-light of his vehicle was on; that the street lights were not lit at that time; and that he did not notice any vehicle coming from the opposite direction and took the ..... that the lights of the motor-cycles were on; that distance from the mess to the point of the accident was about a mile; that they were driving the motor-cycles on the left side of the road; that when they were proceeding towards the delhi cantonment on the road that passes in front of the ..... ghosal, another pilto officer, was also going side by side with the deceased at the time of the accident and his motor-cycle also collided against the vehicle and he got injured. mr. a.k. ..... 2 kanji lal, was driving rashly and negligently and the accident was the result of his negligence alone he is also liable for the damages. 7 ..... the evidence of the plaintiff discloses that on the date of the accident she was 47 years of age and today she would be 62 .....
Tag this Judgment!Court : Delhi
Reported in : 1992ACJ929
..... that the elements which go to make up the value of the life of the deceased to the designated beneficiaries are necessarily personal to each case, and that an element of conjecture is unavoidable while assessing damages, under the fatal accidents act, and the appellants in that case were held entitled to recover the present cash value of the prospective services of the deceased minor child, in addition to what they may receive by way of compensation for loss ..... tribunal itself observed that the husband was only 52 years of age when he lost company ofhis wife due to the accident when she was only 49 years of age and possessed good health, and that the husband who was sqn. ..... municipal committee of delhi, no doubt, applied the principles as laid down under the fatal accidents act to a case of compensation under the motor vehicles act, but that was a case where questions only of the assessment of damages vis-a-vis the income of the deceased and the calculation of loss of dependency to ..... ' the court also held that the principles of cases decided under the fatal accidents actwould apply to cases of compensation under the motor vehicles act only to the extent of considering the pecuniary or material loss to the beneficiaries from the death of a person or the support of which beneficiaries have been deprived. ..... 110 to 110-f provides for adjudication upon claims for compensation in respect of accidents involving the death of, or injury to, persons arising out of the use of motor vehicles.' .....
Tag this Judgment!Court : Delhi
Reported in : I(1996)ACC299; 1995ACJ935; AIR1996Delhi64; 59(1995)DLT193; 1995(34)DRJ338
..... the deceased possessed good physique and had he not been killed in the accident, it is alleged, he would have lived to the age of 80 years as there is history of longevity of life in the family. ..... two lakhs for the death of shri chhajju singh in an accident, alleged to have taken place on 3rd august, 1972 at about 3.45 p.m. ..... transport corporation had entered into an agreement with the owner of the bus and it was in evidence that the driver of the bus was under the employment of the owner and the bus after the accident was got released by the owner. ..... the deceased chhajju singh was about 28 years of age and was working as constable in delhi police drawing the total emoluments of rs.312/- per month at the time of accident which took place on august 3, 1972. ..... 1 by holding that the accident was the result of the composite negligence on the part of the drivers of the bus as well as of the truck. ..... bagchi, judge, motor accident claims tribunal, delhi. ..... coming now to the quantum of compensation as awarded by the tribunal, the admitted facts are that the petitioner was a constable in delhi police at the time of accident on august 3, 1972. ..... the bus was running under the operation of delhi transport corporation at the time of accident. ..... application to place on record certain documents to indicate the salary and allowances which would have been payable to the deceased from the date of his death till january, 1994 if he had not been killed in the accident. .....
Tag this Judgment!Court : Delhi
Reported in : I(1994)ACC179; 1993ACJ907; [1995]82CompCas371(Delhi)
..... sakinaben mohamadbhai [1977] acj 44 held that if the insurer agrees to indemnify the insured in respect of all liabilities including those arising under the fatal accidents act or at common law, it would be bound to reimburse him for the entire amount of compensation which may be awarded to a claimant against him, and not limited to the extent of the ..... modi [1981] acj 507; [1982] 52 comp cas 454 (sc), held that the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation, takes the sting out of the laws of compensation and added to that the monstrous inflation and the consequent fall in the value of rupee makes the ..... she being alive even after 14 years of the accident, thereforee, the multiplier of five years is completely ..... the tribunal came to the conclusion that the accident was due to contributory negligence of the truck driver to the extent of 70 ..... they may not have contributed to this accident or acted negligently, but since they did not implead the owner of the car and its insurance company, thereforee, they have to forgo 30 ..... there are two eye witnesses to this accident, namely, constables, nanu ram and rattan lal, pw-4 ..... heirs of all the deceased filed petitions for the grant of compensation before the motor accidents claims tribunal (hereinafter called 'the tribunal'). ..... also a well-settled principle of law that if there is negligence on the part of the petitioner which contributed to the accident this cannot be ignored. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi630; [1972]84ITR192(Delhi)
..... it is well-known that under the insurance law if the person taking a policy, either on his own life or in respect of personal accidents, does not pay the premium the policy lapses and the person has no right to claim any insurance from the insurance company by the mere fact that he had signed the proposal for insurance ..... sharma contended that although the occasion for the exercise of the right arising out of the policy of personal accident insurance might arise after the death of that person and in the case of other injuries it might arise during his life-time, but that did not in any way detract from the existence of ..... by the income-tax appellate tribunal (delhi bench a) under section 66(1) of the indian income-tax act, 1922, is not only interesting but important for its decision may have an effect on numerous policies of personal accident insurance taken by the employers for protecting themselves against the demands for payment of compensation to their employees. ..... on 29-1-1957 the board of directors of the employer company decided by a resolution, to purchase personal accident insurance under a comprehensive policy in respect of the assessed and one other person, lala shri ram ..... rule 159 of the indian airlines corporation (flying crew) services rules, a member of the flying crew was entitled to certain compensation at specified rates in the event of his death or an injury caused by an accident during or as a result of an air journey performed as such in the corporation's service. .....
Tag this Judgment!Court : Delhi
Reported in : 2001ACJ24; 1998VIAD(Delhi)536; 1998(47)DRJ618
..... both of them inspire of being subjected to lengthy cross-examination withstood the test rather reiterated that accident was caused by the appellant's truck which hit the scooterist from behind and that the said truck was driven by gurdial singh, ..... these two appeals arise from a common judgment delivered by the motor accident claims tribunal (in short the tribunal) touching the same facts, cause of action and question ..... not only that, even the suggestion that at the time of accident it was dark and, thereforee, could not have noted truck number goes to show that the appellant admitted the presence of this witness at ..... having established that ishwar singh died because of the accident caused by truck no.dll-5885 driven rashly and negligently by gurdial singh, we are now left to determine whether the tribunal correctly awarded the amount and the liability of the insurance company ..... example, his presence can be inferred because the accident took place hardly half-a-kilometer from the his ..... , clarified that he did inform the 'thanadar sahab' that he had witnessed the accident but his statement by the police was not recorded. ..... had taken the plea that on the day of accident his truck had not come on the road. ..... nar singh, pw-9 not only saw the accident caused but also noted the truck number ..... the fact that they witnessed the accident and the involvement of the truck bearing no.dll-5885 and the driver has not been rebutted because the owner of the truck did not step into the witness box nor .....
Tag this Judgment!Court : Delhi
Reported in : 1991ACJ255; 41(1990)DLT332
..... the same the tribunal found that the bus was being driven at a high speed and inspire of the negligence of the deceased the accident could have been avoided if the driver was vigilant and had applied brakes at the proper time. ..... on consideration of the entire evidence on record the tribunal came to the conclusion that the accident happened when the deceased was turning towards his right. ..... to him many people rushed to the site of the accident and the place where the cyclist had fallen on the ground ..... (2) whether the petitioners are the legal representatives of the deceased (3) to what amount of compensation, if any, are the petitioners entitled (4) whether the accident took place due to the negligence of the deceased (5) relief. ..... the same the tribunal is also justified in coming to the conclusion that the bus driver, if he was vigilant enough and was not coming at a high speed, could have avoided the accident by applying brakes at the proper time. ..... according to the claimants the accident took place due to rash and negligent driving of respondent ..... according to him the accident took place on the right side of the left portion of the road which is divided by a middle ..... the widow and three children of the deceased, hereinafter called the claimants, filed the petition under section 110-a of the motor vehicles act before the motor accident claims tribunal, delhi. ..... these appeals are directed against the award dated 30th october, 1979 passed by motor accident claims tribunal, delhi. (2) dr. k..v. .....
Tag this Judgment!Court : Delhi
Reported in : 50(1993)DLT300
..... bhargava,nor from the cross examination of pws any material contradiction could beelicited, in fact their version of accident has remained unrebutted on therecord, rather from the testimony of the respondent's witnesses an inference can be drawn that the bus must be in a fast speed when it hit the scooter.that is why after the impact it could ..... the owner of the bus in its written statement in reply to para 22 denied that the accident was due to negligence of the driver.owner of the bus had no personal knowledge, hence his denial of claimant'sassertion regarding negligence is no denial in the eye of law ..... bhargava in this appeal has assailed the award passed by the motor accident claim tribunal, delhi (herein after called the tribunal) dated 31/07/1975. ..... the driver of the bus having not refuted the version of accident given by the claimant could not step into the witness box and state that the claimant ..... and bold that the entire responsibility of this accident was that of the bus driver. ..... further admits that bus did not stop after the accident rather it stopped after covering 4 or 5 feet. ..... bhargava the distance where the accident took place and the library gate was about 5-6 ..... was about 60 years old at the time of accident and was working as lecturer in english in p.g.d.a.v. ..... he choose not to file his defense nor refuted the version of accident given by the claimant. ..... the cause of accident given by shri surender kumar sharma (pw-3) corroborate in material particular to the version given .....
Tag this Judgment!Court : Delhi
Reported in : AIR1993Delhi57; 46(1992)DLT570; 1992(22)DRJ455
..... which go to make up the value of the life of the deceased to the designated beneficiaries arc necessarily personal to each case, and that an element of conjecture is unavoidable while assessing damages, under the fatal accidents act, and the appellants in that case were held entitled to recover the present cash value of the prospective services of the deceased minor child, in addition to what they may receive by way of compensation for ..... (48) i accordingly allow the appeal and hold that the impugned award dated 6th april, 1979 made by the motor accident claims tribunal shall stand modified to the extent noted below: 1.the amount on account of loss of consortium granted to appellant no l shall stand increased to ..... the tribunal itself observed that the husband was only 52 years of age whe due to the accident when she was only 49 years of age and possessed good health, and that the husband ..... municipal committee of delhi and others, no doubt applied the principles as laid down under the fatal accidents act to a case of compensation under the motor vehicles act, but that was a case where questions only of the assessment of damages vis-a-vis the income of the deceased and the calculation of loss ..... of dependency to that extent were involved, and it was in that context that the court held that the principles of sections i-a and 2 of the fatal accidents act would also enter into the calculations of the compensation to be awarded under this act. .....
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