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General Manager, Punjab Roadways, Nangal Depot and anr. Vs. Smt. Santo ...

Court : Himachal Pradesh

Reported in : 1998ACJ608,AIR1997HP36

..... except where there is express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the fatal accidents acts must take into account any pecuniary benefit accruing to that dependant in conse-quence of the death of the deceased. ..... so far submissions regarding negligence of the driver as well as the deceased being solely responsible for the accident in question are concerned, those deserve to be rejected outright on the basis of the evidence on record ..... 8 jaswant singh-driver has appeared as a witness and wasstated that the accident in question was not because of any rash and negligent act on his part while working as a driver on the bus in question on the fateful day but it was the result of own acts of negligence of the deceased-om ..... driver and conductor of the bus in question and, in fact, the accident was the result of sole negligence on the part of om parkash chadha, who in order to catch the connecting bus to bagli for reaching home, jumped from the ..... even otherwise, on the basis of the materials on record, the accident being the result of clear-cut negligence on the part of the driver stands duly proved beyond shadow of doubt and thus, those findings are ..... pw-3 is baldev singh, who is an eye-witness of the accident and who has given the details the manner in which accident had occurred, he is the person who had taken the deceased to hospital in a taxi and also informed on phone the police at police station at kangra as also his .....

Smt. Supla Devi and anr. Vs. Ramesh Kumar and ors.

Court : Himachal Pradesh

Reported in : II(2007)ACC152,2008ACJ288,2006(2)ShimLC153

..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation.for the purposes of this sub-section, 'permanent disability' shall have ..... brothers, sisters and brothers children and sometimes foster children live together and they are dependant upon the bread-winner of the family and if the breadwinner is killed on account of a motor vehicle accident, there is no justification to deny them compensation relying upon the provisions of the fatal accidents act, 1855 which as we have already held has been substantially modified by the provisions contained in the act in relation to cases arising out of motor vehicles ..... these provisions are in consonance with the principles of law of torts that every injury must have a remedy, it is for the motor vehicles accidents tribunal to determine the compensation which appears to it to be just as provided in section 110-b of the act to specify the person or persons to whom compensation shall be paid. ..... the tribunal appears to have assumed wrongly that all legal representatives of the deceased persons who died in the accident should be dependent upon the deceased and only those dependants are entitled for claiming compensation.16. .....

Mrs. M.J. Stone and ors. Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

..... these three first appeals are directed against the decision of the motor accident claims tribunal under section 110-b of the motor vehicles act, 1939. ..... the other dispute with which i am at present concerned is the liability of the union of india or of the respondents 1 to 3 for this accident in this connection reference need be made to three statements of mangat ram (p. w. ..... all the five persons died as a result of that accident accordingly the heirs of the deceased instituted claims before the motor accident claims tribunal and four such applications were filed.2. ..... rule 20 of the motor accident claims tribunal rules, 1960 enumerates such other dowers and the learned counsel pointed out that order 32, rule 7 of the civil p. c. ..... rule 7 is applicable in a proceeding before a motor accident claims tribunal. ..... the tanker being on the wrong side was hit by the military truck, with the result that a very unfortunate accident took place. ..... mangat ram reached the spot immediately after the accident. .....

Sikkim Ayurvedic (Pvt.) Ltd. Vs. Pyari Tamangni and ors.

Court : Himachal Pradesh

Reported in : (1996)IIILLJ844HP

..... it is also admitted fact that the vehicle met with an accident on march 7, 1990, as a result of which one shri tirtha tamang died. ..... the said vehicle met with an accident on march 7, 1990 as a result of which tirtha tamang died. ..... the accident had taken place on march 7, 1990 and the claim had been pending for nearly three years and the widow of the deceased has to support her 7 minor children. ..... motor accident claims tribunal, kamrup (supra). ..... motor accident claims tribunal kamrup, air 1984 gau 16 and bhaskarbhai v. .....

Krishna Kapoor and ors. Vs. Himachal Road Transport Corporation

Court : Himachal Pradesh

Reported in : 1994ACJ1183

..... at all alter the general rule that the onus to prove the negligence rests upon the parly alleging negligence but it comes into play in cases where the exact cause of accident is not known and the rest can speak for itself so as to prove the inferences of negligence or laches upon the opposite party. ..... but, on the other hand, the corporation denied the negligence attributed to the driver and it was pleaded that the accident occurred on account of sudden failure of the lighting system in the bus which could not be discovered by use ..... evidence examined on behalf of the corporation pertaining to the mechanical inspection, if any, conducted of that bus after the accident which could speak in itself regarding the condition of the bus prior to and after the accident and more specifically pertaining to the sudden failure of the electric light system of the bus. ..... all these cases which require determination by us can briefly be detailed as below:(1) the first and foremost common point involved in all cases is whether the accident was the result of rash and negligent driving of the driver which was the cause for causing fatal as well as bodily injuries to the occupants of the bus;(2) in a fatal accident the compensation to the legal representatives is to be awarded on the basis of their dependency upon the deceased. ..... chander, the present respondent, lost his wife and the sole minor daughter in this accident and suffered some grievous injuries causing 100 per cent disability to the lower part of .....

Bhola Ram and anr. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1982HP11

..... section 110 empowers the state government to appoint the claims tribunal for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both and to define the local limits ..... the question that next arises is whether in these circumstances, the driver of the truck can be fixed with the responsibility for the accident or to put in other words whether it can be said that the truck driver in taking the vehicle on the projected portion of the road displayed ..... adduced on the record by either side, therefore, is that the truck in question fell down into the khud resulting in the death of the deceased as the portion of the road on the site of the accident which comprised of false projection and which was supported on wooden logs, gave way under the weight of the truck. ..... it could certainly he made liable for payment of compensation in its former capacity, that is as owner of the vehicle involved in the accident if the circumstances so warranted, but certainly in its capacity as owner of the road, no award against the respondent could be made under section 110-b ..... section 110-d of the motor vehicles act, (here inafter called the act) is directed against the judgment/award dated 7-7-1972 delivered by the motor accident claims tribunal, dismissing the claim petition of the appellants made under section 110-a of the act.2. .....

State of Himachal Pradesh Vs. Dole Ram

Court : Himachal Pradesh

Reported in : AIR1981HP87

..... only in the year 1956 that sections 110 to 110-f were added in this act by which the persons who had a claim to compensation could apply to a special tribunal known as the motor accidents claims tribunal and such applications of the persons entitled to receive compensation were to be heard and decided by the claims tribunal who was to give its award in accordance with the provisions of the ..... the gujarat high court and it has been held that the provisions of section 110-a of the motor vehicles act override the provisions of see tions 1-a and 2 of the fatal accidents act and that brothers and nephews of the deceased are the legal representatives of the deceased and they can claim compensation under the motor vehicles act.45. ..... circumstances if the brothers and sisters can be held to be within the purview of the legal representatives as given in section 2 (11), civil procedure code qua the deceased involved in the accident then in that case such brothers and sisters will definitely be entitled to file an application for claiming compensation and if any compensation is found to be payable, then such persons being the ..... 110 to 110-f of themotor vehicles act are procedural ig nature and the provisions of section i-a of the fatal accidents act in fact govern the cases of compensation payable for loss of dependency, while for loss to the estate section 2 of the fatal accidents act will apply and all representatives who are entitled to succeed to the estate of the deceased will have right to .....

Himachal Road Transport Corporation Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1990CriLJ1156

..... it is further contended by the learned counsel that even if the learned trial judge came to the conclusion that the accident was due to the sudden failure of the brakes without any fault of the driver, these remarks, on the basis of the evidence that the vehicle was inspected on 10-7-1981 and all its ..... 11-7-1981, while driving this bus from mandi to gopalpur, near suketi bridge, mandi, an accident occurred when the bus struck against a telephone pole and thereafter fell into the khud at about ..... in this case, in my opinion, the entire responsibility for this accident is that of the concerned bus stand in charge/service manager of the workshop and the head mechanic in charge whose duty it was to test the bus before deputing ..... which has resulted in the aforesaid accident in which as many as 13 innocent lives were lost while 55 persons got multiple , injuries and became ..... even otherwise, by such accidents the petitioner-corporation' and ..... as ; held above, the accident took place because of the ..... court that services being rendered by the petitioner and its officers to the general public in the state of himachal pradesh are one of the best in the country and the rate of accidents is comparatively small. ..... of the lapse and negligence, the present accident took place. ..... its officers working at various places in the hierarchy of service in particular and further observations to take suitable action against the concerned officials/officers posted at the relevant place during the period of accident. .....

Himachal Road Transport Corporation Vs. Saroj and ors.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC28

..... it is not the case of the owner and driver that earth cutting came down on the road at the place of accident all of a sudden and the driver had no time to deal with the situation at that time. ..... were not good and therefore, driving of the bus by him on that road itself was a negligent act, pw-6 manmohan singh chhinda has specifically stated that he was also travelling in the ill-fated bus and accident took place due to rash and negligent driving of the bus driver. ..... the tribunal has rightly returned the findings that even if, it is assumed that the road at the place of accident was slippery due to falling of debris etc. ..... on merits, it has been submitted that the accident has been taken place due to negligence of h.p., p.w.d ..... it has come on the record that on 2.2.2001 at the time of the accident rachhpal singh was driving bus no. ..... it has been denied that the accident had taken place due to rash and negligent driving of respondent no. 2 ..... should there necessarily be negligence of the person who drove the vehicle if a claim for compensation (due to the accident involving that vehicle) is to be sustained.12. ..... this bus met with an accident due to rash and negligent driving of the bus driver ..... , her age has been mentioned 26 years on 31.10.2003, keeping in view the age of the deceased at the time of accident the age of petitioner no. ..... the accident took place on account of earth cutting of a new road which was lying on the road at the place of accident due to the fault of the public works department .....

Munish Kumar Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ2332,2007(3)ShimLC341

..... (58) but when the defendant was not in know of the discoverable defect or danger and it caused the damage by accident like sudden fall of the tree, it would be difficult to visualise that the defendant had knowledge of the danger and he omitted to perform the duty ..... when the defendant omits to perform a particular duty enjoined by the statute or does that duty carelessly there is proximity between the accident and the non-performance of the duty, the defendant can be held liable to the damages. ..... the above two aspects thus:in assessing (the compensation) the jury should take into account two things, first, the pecuniary loss (the plaintiff), sustains by accident; and secondly, the injury he sustains in his person, or his physical capacity of enjoying life. ..... any arithmetical calculation establish what is the exact amount of money which would represent such a thing as the pain and suffering which a person has undergone by reason of an accident...but, nevertheless, the law recognises that as a topic upon which damages may be given.41. ..... the heads of compensation, the apex court held thus:(9) 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. ..... .if the original position cannot be restored-as indeed in personal injury or fatal accident cases it cannot obviously be-the law must endeavour to give a fair equivalent in money, so far as money can be an equivalent and so ' .....