Court : Himachal Pradesh
Reported in : 1994ACJ380
..... ' sub-section (2) of section 95 provides for the limits of the liability in the following words :-- '(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely: (a) where the vehicle is a goods vehicle, in limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923 ..... the certificate says that limit of the amount of the company's liability under section ii-l(i) of the policy, in respect of any one accident will be such amount as is necessary to meet the requirement of the provisions of the motor vehicles act, 1939, hereinafter referred to as the act, and under section ii-l(ii) of the policy the extent of its liability in respect of ..... allowed the claim petition, holding that the deceased died due to the injuries sustained by them in the accident in question, which took place due to rash and negligent act on the pan of the driver. ..... the legal representatives of four of such employees, who died as a result of the accident filed four separate claim petitions, claiming compensation under section 110-a of the motor vehicles act, 1939 ( ..... appeals arise out of judgment of learned single judge of this court, dismissing the appeals of the insurance company against the common award made on 8th november, 1985, by motor accident claims tribunal (i), mandi, kullu and lauhal spiti districts at mandi. 2. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1998)ACC572,1999ACJ646
..... the above noted ten appeals and five cross-objections having arisen out of the same accident which took place on 2.7.1988 at bhandar nallah, pargana manjir in district chamba, are being disposed of by this single judgment since common questions of facts and law are involved.2 ..... the legal heirs of the above-named deceased approached the learned motor accidents claims tribunal at chamba seeking compensation in respect of the death of the deceased karam chand, jagto, jagat ram, bhagat ram, mahant paul, ratto and dial chand ..... the facts and circumstances of the case indicate that the accident was solely as a result of rash and negligent driving of the truck driver.17 ..... the learned tribunal came to the conclusion that the accident took place as a result of composite negligence of the bus driver and the truck driver in the proportion of 25 per cent and 75 per cent respectively.13 ..... the driver of the bus, though did not file any written statement to explain the cause of accident, has appeared as a witness for the corporation. ..... in other words, as per the claimants, the accident was as a result of composite negligence of the two drivers.7 ..... at bhandar nallah, within the local limits of the jurisdiction of police station kihar, district chamba, an accident took place between the bus bearing no. ..... it was averred that the accident was as a result of rash and negligent driving on the part of the truck driver ..... corporation pleaded the following version with regard to the accident:that on 2.7.1988 bus no. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2(1986)ACC104
..... by condition and that the defect occurred in spite of the reasonable care and caution taken by the owners.in para 13 of the judgment it is observed as follows:in order to sustain a plea that the accident was due to the mechanical defect the owners must raise a plea that the defect was latent and not discoverable by the use of reasonable care.in para 14 of this judgment it is again stated:the ..... supreme court made the following observations in para 12 of the judgment:.we may also point out that in order to succeed in a defence that the accident was due to a mechanical defect the owners will have to prove that they had taken all necessary precautions and kept the lorry in a roadworthy ..... the tribunal as well as the learned single judge after appreciating the evidence have given a concurrent finding of fact that the accident was due to rash and negligent driving of the vehicle by shri puran chand driver and after discussion of the evidence we ..... the applications were contested by the himachal road transport corporation (hereinafter the appellant) and it was alleged that the accident was unavoidable because it was the result of sudden breakage of two spring leaves, that is, main and the ..... law of torts, sixteenth edition, chapter ix sections 84, 241 at page 242 : '(i) that the thing is shown to be under the management of the defendant or his servants', and (ii) that 'the accident is such as in the ordinary course of things does not happen if those who have the management use proper care'. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ1833
..... shri lekh ram, an employee of the council is involved in the fire accident. g.p. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1993ACJ804
..... vital changes effected in the act, before an order is passed, the tribunal must, on the basis of material on record, prima facie, satisfy itself that:(i) the accident has arisen out of a motor vehicle;(ii) the said accident has resulted in permanent disablement of the person, who is making the claim or death of the person, whose legal representative(s) is/ are making the claim;(iii) the ..... contained in sections 161, 162 and 163 of the act providing for a scheme for granting relief to the victims or the legal representatives of victims of 'hit and run' motor vehicle accident cases is also a novel effort, as noticed in gujarat state road transport corporation's case, 1987 acj 561 (sc), on the part of the government to remedy the situation created by the ..... certificate of insurance if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of ..... act, it was incumbent for the tribunal to have at least formed an opinion, after prima facie coming to the conclusion that death had, in fact, resulted from an accident, arising out of use of a motor vehicle, and the person against whom the order is proposed to be passed is the owner of the vehicle and further that the claimants are the legal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1996ACJ880
..... suggestions made by the transport development council relate to, or are on account of,-(a) the introduction of newer type of vehicles and fast increasing number of both commercial and personal vehicles in the country;(b) providing adequate compensation to victims of road accidents without going into long-drawn procedure;(c) protecting consumers' interests in transport sector;(d) concern for road safety standards, transport of hazardous chemicals and pollution control;(e) delegation of greater powers to state transport authorities and rationalising ..... following sub-section and proviso shall be substituted, namely:'(2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and ..... sub-section (3) of section 166 of the act of 1988, which is corresponding to section 110-a(3) of the act of 1939 runs as follows:(3) no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:provided that the claims tribunal may entertain the application after the expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1990)ACC659,1990ACJ608
..... perusal of the nature of evidence on this aspect of the matter indicates that the truck was being driven at a fast speed and at the point of accident, it did not leave enough space for the motor cycle to pass despite the fact that it had space on its left side. ..... that the motor cycle was moving at a fast speed or that the truck turned turtle due to the sagging of the danga while avoiding the accident is not believable nor there is any clear, cogent, reliable, convincing evidence to support this story. ..... the truck moved to the left side, however, time being very short, the accident took place and the truck fell down in the field of biri singh, aw ..... contended that in view of the evidence on the record, more particularly, of assistant sub-inspector of police, who investigated the case, the accident cannot be attributed to any rash and negligent driving of the truck. ..... after hearing the matter, the tribunal concluded that the accident was the result of the rash and negligent act of the driver of the truck and the department owning it was liable to pay compensation to ..... , on the pleadings of the parties, framed the following issues:(1) whether the accident as alleged occurred due to rash and negligent act of respondent no. 3? ..... he states that the road at the place of accident was 15 feet wide and the kacha road on the left side was 10 feet and two feet on the ..... , inter alia, is also that the truck was being driven at a normal speed and no accident had occurred with the truck in question. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2001)ACC198
..... air 2000 sc 1677, while dealing with the question of ntence to be imposed for the offence under section 304-a, indian penal code, he observed:bearing in mind the galloping trend in road accidents in india and the devastating consequences visiting the victims and their families, criminal courts cannot treat the nature of the offence under section 304-a, ipc as attracting the benevolent provisions of section 4 of the ..... he cannot and should not take a chance thinking that a rash driving need not necessarily cause any accident; or even if any accident occurs it need not necessarily result in the death of any human being; or even if such death ensues he might not be convicted of the offence; and lastly that even if he is convicted he would be dealt with leniently by ..... course of investigation, it was revealed that the bus was overloaded with 105 passengers and that the accident was as a result of rash and negligent driving on the part of the accused.6. ..... to note that as many as 24 persons had died and 81 persons were injured in the accident due to rash and negligent driving on the part of the accused. ..... as per this witness and his report, the accident appeared to have taken place due to sudden breakage of the central bolt of ..... the bus which was lying damaged at the spot since after the accident was tampered with by some one. ..... role which the courts can play, particularly, at the level of trial courts, for lessening the high rate of motor accidents due to callous driving of automobiles.19. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1996)ACC398
..... it may be worthwhile to mention here that in the present case the doctrine of res ipsa loquitur is fully attracted, because unless it is proved by cogent, reliable and trustworthy evidence that the accident was the result of such latent defect which could not have been located by a man of ordinary prudence, the bus would not have rolled down the nallah. ..... 1,000/- paid by way of interim relief deserves to be deducted out of the awarded amount and by not doing so the tribunal has fallen into error; and(ii) that the accident was the result of mechanical failure and was not the result of any rash or negligent driving on the part of respondent no. ..... we further hold that the amount of interim relief paid voluntarily by the appellant to the claimant(s) immediately after the accident is required to be adjusted and deducted from the amount of compensation ultimately awarded under the provisions of the act. ..... when pecuniary advantage under the family benefit scheme, which the heirs got as a result of death in an accident, has been held not to be a pecuniary advantage liable for deduction, therefore, on the same analogy the amount received by the claimants under the provisions of the scheme cannot be held to be deductible from the amount of compensation. ..... this petition was contested and resisted by the respondents and it was pleaded that the accident was not the result of rash and negligent driving of respondent driver dipan lal, but it was stated to have been the result of mechanical defect. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC194,2006ACJ1677
..... will expose innocent third parties to go without compensation when they suffer injury on account of such motor accidents and will defeat the very object of introducing the necessity for taking out insurance policy under the act.12 ..... before the orissa high court in durdadahya kumar samal 1988 acj 540 (orissa), there was a general exception that the company will not be liable under the policy in case any accident, loss, damage or liability is caused when the vehicle is under requisition or commandeered by the government for any purpose. ..... cannot be held responsible, therefore, the insurance company also will have to be exonerated from paying compensation with regard to the accident arising at the time when the vehicle has been commandeered by the state government for election duty.5. ..... question has been raised in this appeal- whether the insurance company is liable to pay compensation when an accident occurs and the insured vehicle is not in the control of the owner but has been requisitioned by the ..... is there for a vehicle and the user of the vehicle has been changed from the real owner to the state government, in the event of an accident that takes place by the requisitioned vehicle, the claim should be against the government alone. ..... (sc), was dealing with the question whether the insurance company is liable to pay compensation to a third party or to his legal representatives when the liability arises and the accident occurs when the motor vehicle is in the custody of repairer. .....
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