Court : Delhi
Reported in : 2003ACJ1369; 2002VIIIAD(Delhi)26; 98(2002)DLT209; 2002(64)DRJ582
..... considering the pleadings of the parties and the evidence on record came to the conclusion that the accident in question was caused due to rash and negligent driving on the part of driver of the offending ..... rw2 zile singh, the conductor of the offending bus, deposed that at the time of the accident a sootiest had come from ashram side and turned towards right as a result of which he hit the bus, fell ..... testimony of pw2, this court finds that this witness had made a categorical statement that at the time of accident in question the offending bus was being driven in a rash and negligent manner. ..... learned tribunal, this court is of the considered view that the respondents/claimants had satisfactorily established on record that the deceased ashok kumar had suffered fatal injuries in the course of the accident with the appellant's bus on 23.8.1982, which was being driven by respondent no. ..... for the appellant has vehemently argued that the learned tribunal had erred in holding that the accident in question was on account of rash and negligent driving on the part of respondent ..... had considered the evidence on record properly and had come to the conclusion that accident was due to rash and negligent driving on the part of respondent no. ..... conductor is of no help to the appellant as being a conductor he was inside the bus and it appears that he had come to know of the accident only after the impact and as such did not know as to how and in what manner the accident in question had taken place. .....
Tag this Judgment!Court : Delhi
Reported in : II(1998)ACC724; 1999ACJ1391; 1998VIAD(Delhi)801; 76(1998)DLT518; 1998(47)DRJ673; (1999)121PLR13
..... the respondents in their written statement admitted the factum of accident but pleaded that the accident did not take place due to the rash and negligent driving of the car but that the accident took place after the car emerged from the flag staff road at slow speed and crossed vishv vidhyalaya road and took the proper lane and started moving towards mall road ..... my conclusion is that both the drivers of vehicles, that is motorcycle and car were responsible of the rash driving and causing this accident but the responsibility of the car driver was more in comparison to the motorcyclist.'14. ..... in case no.360: 1) whether the injured sustained the alleged injuries on account of this accident, dated 30.4.84 caused on account of rash and negligent driving of car no.dha-3861, on the part of resp ..... in case no.359: 1) whether the injured sustained the alleged injuries on account of this accident, dated 30.4.84, caused on account of rash and negligent driving of car no.dha-3861, on the part of resp. ..... but it is equally well settled that if the servant, at the time of the accident, is not acting within the course of his employment but is doing something for himself the master is not ..... 2) whether the deceased sustained fatal injuries in the accident, dated 30.4.84 caused on account of rash and negligent driving of the car no.dha-3861, on the part of resp ..... in all the cases it was alleged that the accident happened due to rash and negligent driving of the car by its driver, respondent no.1 kishan .....
Tag this Judgment!Court : Delhi
Reported in : I(2004)ACC390; 2003VIIAD(Delhi)311
..... appeared as witnesses before the tribunal and they had clearly stated that respondent no.1 was a passenger in the bus and he was injured as he had jumped from a running bus and as the accident was not caused due to the rash and negligent driving of the bus by its driver, appellant could not be held liable to pay compensation to respondent no.1. ..... this order will dispose of the appeal filed by the appellant challenging the award of the motor accident claims tribunal whereby the tribunal had awarded the compensation of rs.3,47,500/- with interest to respondent no.1 for injuries sustained by him in a road accident alleged to have been caused by the rash and negligent driving of the bus owned by respondent/appellant and ..... out his life, his left hand has been rendered unfit for the job which he was performing and he had even lost his job because of this accident and award of rs.2,50,000/-, thereforee, considering his salary to be rs.1500/- per month, in my opinion, is just and reasonable.10. ..... not only that this statement is not in accordance with the fir recorded immediately after the accident but these submissions can also not be believed for the reason that if respondent no.1 was not injured because of his hand been run over by the bus, there is no explanationn as ..... respondent no.1 remained in the hospital firstly for four days immediately after the accident and thereafter from 11.8.1989 to 4.10.1989, then again from 11.10.1989 to 18.11.1989 during which period number of surgical .....
Tag this Judgment!Court : Delhi
Reported in : 163(2009)DLT634; (2010)157PLR18
..... -(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to-(i) the workman having been at the time thereof under the influence of drink or drugs, or. ..... ) 508; it was noted;in order to earn an award for compensation under section 3 of the act, it is necessary to prove that the personal injury or the resultant death (as the case may be) is caused to a workman by accident arising out of and in the course of his employment with the employer. ..... of the act clearly prescribes that the personal injury or the accident must be proved to have arisen out of and in the course ..... provisions of the act are attracted only in case of accidents and not where death has taken place naturally, not attributable ..... along with motor vehicles registered under the motor vehicles act, 1988 (59 of 1988) as drivers, helpers, mechanics, cleaners or other workmen, subject to the following modifications, namely:(1) the notice of the accident and the claim for compensation may be served on the local agent of the company, or the local agent of the owner of the motor vehicle, in the country of accident, as the case may be. ..... settled position of law that under section 3 of the act, it must be shown that there was a proximate cause and nexus between the personal injury or the accident and the work or employment. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(94)DRJ744
..... viscount simon were set out in the judgment as under:....at first the deceased man's expectation of life has to be estimated having regard to his age, bodily health and the possibility of premature determination of his life by later accidents; secondly, the amount required for the future provision of his wife shall be estimated having regard to the amounts he used to spend on her during his lifetime, and other circumstances; thirdly, the estimated annual sum ..... no compensation was allowed on account of total loss of the car involved in the accident and expenses incurred on the treatment while the deceased in the hospital, was also disallowed ..... it must be realised that the tribunal/court has to determine a fair amount of compensation awardable to the victim of an accident which must be proportionate to the injury caused. ..... with regard to the factum of accident, the defense of respondent driver/owner is that deceased met with the accident of his own rash and negligent driving and not due to any fault or negligence on the part of the driver of the truck ..... a large number or claims for compensation for injury caused by road accidents are pending in various motor accident claims tribunal. ..... in a fatal accident the dependants of the deceased are entitled to compensation for the loss suffered by them on account of the death ..... motor accidents are everyday affairs ..... the accident has taken place on 24.4.1992 ..... respondent driver has not led any evidence to substantiate his version regarding the accident. .....
Tag this Judgment!Court : Delhi
Reported in : 2008ACJ93; [2006(111)FLR1084]; (2007)145PLR14
..... the appellant company which has tremendous resources and which, according to the learned counsel, conducted an inquiry leading to the accident ought to have shared the conclusions of the inquiry officer with the court if it were to argue that the accident was not a case involving the negligence of the company but had occurred because of the failure of the deceased to take the prescribed safety measures ..... clause 13 of the agreement executed between the appellant company and the deceased is as under:compensation in case of accident or disability from injury out of and sustained by the employee in the course of his employment shall be determined and paid according to the local labour laws and in the absence of any such law, according to the indian ..... widow and the minor children of the workmen had no possible access to either the place of accident or the proof of circumstances in which the same had taken place. ..... on behalf of the respondents, it was per contra argued that the accident had taken place in libya and all facts relating to the manner in which the same had occurred were within the exclusive knowledge of the defendant ..... any such agreement must, in our opinion, be an agreement post accident and must be one that settles the claim for payment of compensation in accordance with the provisions of the ..... while in libya, mohru lal met with an accident on 23rd november, 1983 in the course of his employment resulting in grievous injuries to which he eventually succumbed on 5th june, .....
Tag this Judgment!Court : Delhi
Reported in : 2000IAD(Delhi)101
..... of the aforesaid settled position of law it is necessary to examine whether in the present case the appellants have been able to prove and establish that the accident which resulted in the death of the deceased took place due to reckless and negligent driving of respondent no. ..... on scrutinising the evidence he found that it is proved from the evidence that at the time of the accident the bus was motionless as it had stopped at the crossing and at that time when the bus was motionless, the deceased sudden- ly came at a fast speed and could not control his ..... in the said traffic signal was green at the point of time of the accident then the bus was definitely moving when it hit the cyclist. ..... both the witnesses have stated that at the time of the accident the bus was motionless as it had stopped at the crossing and at that time the deceased cyclist coming at a fast speed hit against the front bumper ..... 4 at one stage has deposed that at the time of the accident the traffic light of the bus was green and the witness was standing as the light for ..... denied the suggestions by the respondents that at the time of the accident the bus was standing stationary at the said crossing. ..... liability of the owner of a vehicle to compensate the victim in an accident due to the negligent driving of his servant is based on a law ..... under section 173 of the motor vehicles act praying for setting aside the order dated 26.8.93 passed by the judge, motor accident claims tribunal, delhi dismissing the claim petition. 2. .....
Tag this Judgment!Court : Delhi
Reported in : 1996ACJ20; 1994IVAD(Delhi)365; AIR1995Delhi164; 56(1994)DLT441
..... desu has not been able to prove that the accident in the instant case was due to the factors beyond their control. ..... on the contrary photograph ex.pw-1/9 taken on the date of the accident show a loose wire separated from the main and hanging on the staircase of the house of the plaintiffs. ..... appearing as dw-1 he stated that after the accident of 4th august, 1985 he reached the site in question and submitted his report. ..... powel (1942) ac 601, already referred to, lord russel of killowen slated the law thus : 'the general rule which has always prevailed in regard to the assessment of damages, under the fatal accidents act is well settled, viz. ..... but the said original accident report was not produced. ..... the actual accident report did give house number. ..... after this accident, on 6th august, 1985 defendants surreptitiously removed the hanging wire. ..... dd report lodged to the police immediately upon the happening of the accident is proved as ex.p-2.12. ..... 7 lacs to the appellant who was a tennis player and who became cripple on account of accident.16. ..... (1951) ac 601, and observed thus : 'at first the deceased man's expectation of life has to be estimated having regard to his age, bodily health and the possibility of premature determination of his life by her accidents. ..... this fact find support from ex.pw-1/9 a photograph taken on the dale of the accident. ..... not even a suggestion was given that he did not witness this accident. .....
Tag this Judgment!Court : Delhi
Reported in : I(1994)ACC361; 1993ACJ1290; AIR1993Delhi361
..... injuries, deposed that the claimant had injuries on the right hip joint, low back region, left gluteal region and scalp and there was history of unconsciousness for a short time following the accident and thereafter the radiologist found a fracture of superior public ramous on the right side and she remained under his treatment and was advised complete bed rest and from january 12, 1970, she ..... 37/74 praying that the award made against it should be set aside inasmuch as the insurance company and the driver and owner of the scooter which was involved in accident with the truck insured with the appellant was liable for compensation as the accident took place on account of gross and negligent driving of the scooter by the scooter-driver and not on account of rash and negligent driving by the driver of the ..... permission to lead additional evidence to prove that the claimant had been suffering pain on account of the said injuries caused in that accident and had been taking treatment and wanted to prove two medical certificates issued by the two separate doctors in that connection. ..... 37/74 had not been able to advance any arguments in support of the appeal that the accident was the result of any contributory negligence on the part of the driver of the three-wheeler ..... the short question which arose for decision was whether the accident was as a result of rash and negligent driving by the driver of the truck or it was as a result of rash and negligent driving of the three wheeler scooter by .....
Tag this Judgment!Court : Delhi
Reported in : I(2004)ACC527; 2006ACJ492; 110(2004)DLT130; 2004(73)DRJ370; (2006)142PLR63
..... is because of this that the authorities have made it clear that the causal connexion between the accident and the employment which the applicant has to establish is not a remote or ultimate connexion but ..... is complete and we have no doubt in our mind to hold that the accident which has resulted in the death of the workman has arisen out of the employment.the contention that the claimants have failed to discharge their burden to prove the causal relationship between the accident and the employment is only to he rejected in the light of the observations ..... murdered and the court of appeal held the murder was an accident from the point of view of the cashier and, thereforee, it was an accident within the meaning of that term in the workmen's compensation ..... think that in accordance with the principle relating to compensation in respect of motor accident claim cases, interest should have been awarded from the date of the claim, ..... the division bench held that there had been an accident, and that the accident had a causal connection with the employment inasmuch as the workman was traveling in the train to attend a conference organized by the employer in terms of a ..... pointed out that the meaning of the term 'accident' would vary according as the context varies, and as instances mentioned criminal jurisprudence where crime and accident are sharply divided by the presence or absence of means read and the law of marine insurance where the maxim: in jure non remote cause sed proximal spectator (in .....
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