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Jai Singh Vs. Mansha Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1963HP37

..... gowardhandas harjiwandas, (s) air 1956 nagpur 86 the following observations were made : 'it is not a condition precedent to the maintenance of an action under the act (fatal accidents act) for damages proportionate to the loss resulting to the claimants that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the ..... is overwhelming and reliable evidence in support of the allegation that the deceased was a student of 9th class at the time of the accident, was good at studies, had a good physique and bore a good character and was a promising boy vide the statements made by dhian ..... pillai, air 1962 mad 309, the following: observations were made : 'in awarding damages for accident under the-head of loss of expectation of life, the tender age of the victim is not ..... subordinate judge estimated that if the deceased had not died as a result of the accident his parents would have derived from him pecuniary benefit to the tune of rs. 40/- ..... the principles governing the assessment of damages in a case under the fatal accidents act are well established and it is not necessary to notice in detail the case law on the point and i will content myself with noticing the ..... the relevant portion of section 1a of the fatal accidents act, 1855, reads as below: 'whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have .....

Munish Kumar Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 2001ACJ919

..... jarnail singh, pw 8, has deposed that on the relevant date, he was working in his field about 100 yards away from the bridge when he heard the sound of an accident and on coming to know that two boys along with their motor cycle having fallen from the bridge, he had gone to inform pw 7.11. ..... when there is a duty to take precaution against damage occurring to others through the acts of third parties or through accident/ omission of duty, it may be regarded as materially causing or materially contributing to the damage should it occur, subject, of course, to the question whether performance of the duty would have averted the harm. ..... during the course of cross-examination of pw 7 and pw 8, as well as pw 6, a case was tried to be set up by the defendants to the effect that the plaintiff as well as his pillion rider, pw 6, were under the influence of liquor and that the accident took place since the motor cycle was being driven under the influence of liquor. ..... the only question for determination under the present issue is whether the accident and the injuries sustained by the plaintiff are as a result of negligence on the part of the defendants.16. ..... such suggestion coming from the defendants at least goes to prove that an accident involving the plaintiff and pw 6 had in fact taken place at the bridge in question. ..... has simply stated that no information regarding any accident was received during the period he remained posted in the said sub-division.14. .....

State of Himachal Pradesh Vs. Varinder Singh

Court : Himachal Pradesh

Reported in : 2002CriLJ735

..... was not injured is concerned, it is raised simply to be rejected because when he appeared in witness-box, in no uncertain terms he stated that accident was caused due to rash and negligent act on the part of respondent while the witness was driving the scooter. ..... keeping in view the fact that more than seven and half years have passed when the accident took place, while upholding the guilt of the respondent it is felt that interest of justice will be well served if sentence is reduced under section 304 ..... other place cross-examination suggests that it is positive case of the defence that the accident was caused due to negligence on the part of the boy, (the deceased).14. ..... sole question that needs to be determined in this appeal is whether the accident was the result of rash or negligent act on the part of the respondent endangering human life ..... and it supports the case of his client and the accident was the result of the rash and negligent driving of the scooter driver and his client was driving the truck at a ..... discord starts now when prosecution says that accident was the outcome of the rash driving on the part of the respondent, who drove the same in such a negligent manner that its direct outcome was endangering human life ..... 10/b, spot map prepared, he submitted that the accident cannot be attributed to his client muchless being the outcome of rash or negligent driving on the part of ..... (well) at village chalet on daulatpur-gagret road after the accident and from there to ludhiana. .....

Himachal Road Trans. Corpn. Vs. Amar Singh

Court : Himachal Pradesh

..... resting his right arm on the window railing, had sustained injuries due to the grazing of the two vehicles, while crossing each other, the high court of gujarat came to the conclusion that the accident was as a result of the rash and negligent driving on the part of the drivers of the two vehicles and that the claimant was not guilty of any contributory negligence. ..... therefore, considering the entire facts and circumstances of the case, we hold that the learned tribunal has arrived at the correct conclusion that the accident in which the petitioner had sustained the injuries was as a result of the rash and negligent driving on the part of the driver of the bus and that the petitioner was not guilty of any contributory ..... he has, for the first time, while appearing as rw 1, offered the explanation with regard to the cause of accident that on seeing a live transmission wire falling on the road, he had turned the bus towards the hillside and that the arm of the petitioner happened to strike against the ..... the learned tribunal upon consideration of the material placed before it came to the conclusion that the accident, in which the petitioner had sustained the injuries, was as a result of rash and negligent driving on the part of the driver of the ..... it was further observed that a question may also be asked as to whether the accident resulting in the injuries to the passenger was the result of contemporaneous negligence on the part of the passenger as well as the driver of the vehicle .....

Pyar Chand Vs. Himachal Pradesh Road Transport Corporation and anr.

Court : Himachal Pradesh

Reported in : 2003ACJ1249

..... as already noted the pain and suffering of the petitioner cannot be mitigated but still he needs to be compensated for his agony that he underwent after accident due to numerous operations and by being shifted to hospital at shimla then to chandigarh, then to ludhiana and thereafter again to ludhiana in january, 1997, where he underwent amputation and as already noted he will never be able to live a ..... these facts, probably it could substantiate its plea that the accident was due to unforeseen circumstances despite due care. ..... that two persons died as a consequence of the accident, whereas number of others received injuries.15. ..... the spot and had also confirmed that accident was due to bursting of front tyre. ..... and for the leave available on account of accident in question the amount worked out to rs. ..... the plea of the bus having met with accident because of unforeseen circumstances raised by mr. ..... as well as his own that accident was not due to rash and negligent driving on his part, but was due to sudden bursting of the tyre, as a result of which bus went down ..... hp 07-1097 who caused this accident on 27.11.1993, near junga, if ..... positive evidence on the record, that right from the date of accident the petitioner had been under constant pain and suffering besides mental agony which is also attributable directly to the accident in question. ..... claimant alleges that accident was the result of rash and negligent driving on the part of the driver of the bus and as a direct result of it the same fell .....

Himachal Road Transport Corporation Vs. Saroj Devi and ors.

Court : Himachal Pradesh

Reported in : 2002ACJ1146

..... to this, he also urged that the compensation awarded is highly excessive, therefore, by allowing these appeals, even if it be assumed for the sake of argument that the accident was due to rash and negligent driving, still compensation assessed cannot be sustained and is liable to be substantially reduced.7. ..... other hand, learned counsel for the respondents-claimants vehemently urged that there is overwhelming oral and documentary evidence which leads to one and only irresistible conclusion that the accident in question was the outcome of rash and negligent driving on the part of the driver, rw 1. ..... according to him there is overwhelming reliable evidence to hold that the accident was due to unforeseen circumstances as is evident from the statement of ram parkash, driver, who had appeared as rw 1 in ..... to dispose of all these appeals and cross-objections by a common judgment as they have arisen out of the same accident and were disposed of by a common award passed by the tribunal below.2. ..... . we may observe here at the risk of repetition that if the accident was due to some latent defect, it had to be established from the contemporaneous official record of maintenance of the vehicle that all possible care had in fact been taken by the appellant corporation, so far maintenance ..... cross-examination he has stated that on the date of accident he was unwell and was unable to drive the ..... in the face of this position plea that the accident was caused due to sudden mechanical failure cannot .....

Himachal Road Transport Corporation and anr. Vs. Vinod Bali

Court : Himachal Pradesh

Reported in : 1998ACJ1284

..... obviously, the tribunal has proceeded on the footing that the respondent was aged about 34 years on the date of accident and he would have earned for another 20 years and on that basis the multiplier of 20 has been applied. ..... it is further averred in the petition that even after about 6 months from the date of the accident, the respondent was not able to move about without crutches and his left arm had been deformed. ..... according to the petition, respondent was on 50 per cent pay leave after the accident and his wife had resigned her job in order to look after the respondent. ..... the relevant passage of the judgment reads as follows: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. ..... 1995 acj 366 (sc), that while fixing an amount of compensation payable to the victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... it is not in dispute that the respondent was aged about 34 years at the time of the accident and at that age he suffered a major accident which certainly has caused a setback in his life. ..... the himachal road transport corporation which is the owner of the bus involved in the accident and driver of the bus are the appellants in this appeal. ..... 2 before us, we find that the driver of the bus was negligent and accident occurred only on account of his rash and negligent driving. .....

Charan Singh Vs. Joginder Singh and anr.

Court : Himachal Pradesh

Reported in : II(2002)ACC368,2002ACJ1250

..... when appellant was put to notice by the tribunal, while admitting the factum of accident he specifically denied that it was on account of either rash or negligent driving on his part. ..... this amount would have been available to them if the accident had not taken place only from month to month and from year to year. ..... tribunal on the aforesaid pleadings of the parties framed following issues:(1) whether tarlochan alias tarlok singh died in a motor vehicle accident on 25.5.1994 due to rash and negligent driving of car no. ..... thus the claim made by the respondents that accident was due to any act attributable to him, i.e. ..... besides this, the other relevant considerations are the uncertainties of life such as the victim may have died a natural death on account of any disease or ailment earlier even if the accident had not taken place. ..... appellant is aggrieved with the award passed by motor accidents claims tribunal, una in m.a.c. ..... this can easily be treated to be the appropriate compensation payable to the claimants on account of the economic loss suffered by them as a result of the unfortunate accident to their breadwinner. ..... it is admitted case of the appellant that vehicle in question was not insured when the accident took place. ..... he was aged 31 years when his life was cut short because of the unfortunate accident. ..... 1 and 2 are parents of the deceased tarlochan singh who died as a result of motor vehicular accident. .....

United India Insurance Co. Ltd. Vs. Desh Raj and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ1353

..... ashutosh burathoki, advocate, that even if it is believed that desh raj was a driver, then also if he was asked to work as a labourer and accident occurs, he should be treated as a labourer under the terms of the policy. ..... workman desh raj while appearing in the witness-box as pw 1 has stated that he had lodged a report regarding the accident and copy of the same is marked as 'mark a'. ..... 1 and 3, bachhitar singh and duni chand, on 15.12.2000, he received personal injuries in an accident arising during the course of his employment. ..... the first information in respect of the accident was given by the workman himself while lodging the f.i.r. ..... 15.12.2000, the date of accident till deposit of the amount before the commissioner on or before 12.11.2007. ..... 3 and he received personal injury by accident on 15.12.2000. ..... it is recorded that the police officials went to the hospital receipt of the knowledge of the accident. ..... in fact, on 15.12.2000 during the shifting of concrete mixer, the applicant received personal injury by accident.5. .....

Kumari Seemu Alias Seema Vs. Himachal Pradesh State Electricity Board ...

Court : Himachal Pradesh

Reported in : I(1995)ACC88,1994ACJ623,AIR1994HP139

..... the contention that it was an act of god has been seriously contested and it has been asserted that the accident has taken place on account of the negligence of these respondents in the maintenance of this line which fact is clear from the photographs placed on the file and the report of the assistant electrical ..... he or the sub-divisional officer (e) baghi did not feel it necessary to visit the site of accident immediately and to get the repair and maintenance work done on the h.t. ..... no legal and vested right of the petitioner has been violated in any way and the accident had not taken place due to any fault of the respondents. ..... but ground clearance of the span was still inadequate at the site of accident for want of proper length h.t. ..... is apparent from this report that it was on account of the serious lapse on the part of respondents 1, 2, 4 and 5 in not maintaining the line properly that the accident had taken place. ..... the probable cause of accident, according to the assistant electrical inspector, is recorded as under :'sudden contact of victim's body through sickle with live ..... khadrala about the occurrence of accident and position of the h.t. ..... has submitted that section 33 of the indian electricity act, 1910 empowers the electrical inspector to enquire into the cause of an electrical accident after receipt of information. ..... however, the accident took place in circumstances over which they had ..... of the line was lying isolated because a girl of village barla met with accident under the h.t. .....