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State of Himachal Pradesh Vs. Jai Pal

Court : Himachal Pradesh

Reported in : 2000CriLJ1577

..... in this situation a collision took place and the complainant despite being fore-warned drove the scooter which met with accident, the inference that he himself was either rash or negligent in driving the scooter, can legitimately be drawn.9. ..... trial magistrate acquitted the accused on the ground that the prosecution has not been able to prove beyond all reasonable doubts that the accident took place due to rash and negligent driving by the accused on the wrong side of the road. ..... the accused, in his statement under section 313, cr.p.c, though has not denied the occurrence of the accident, but has denied rash and/or negligent driving of the alleged offending vehicle by him and has claimed that pw-1 came driving the scooter in a rash manner on the wrong side of the road and ..... singh (pw-6), who came on the spot evidently after the accident, has stated that scooter had collided with a truck ..... it is also admitted by some of the prosecution witnesses that accident occurred at a curve where the road was narrow, though has been ..... girl had also sustained injuries on her head and face, but this is not the case of pw-11, anita herself, who has not stated that she had sustained any injury due to the accident or that she was also removed to the hospital. ..... course of investigation scoooter and canter involved in the accident were taken in possession respectively vide memos ex. ..... pw-9 sunder singh and anita (pw-11), latter was pillion rider on the scooter which is alleged to have met with an accident. .....

New India Assurance Co. Ltd. Vs. Anil Kumar and ors.

Court : Himachal Pradesh

Reported in : I(2000)ACC148,2001ACJ127

..... somewhat irregular though, but not so fundamental in nature so as to put an end to the contract, unless some factors existed which, by themselves, had gone to contribute to the causing of the accident, and in that case because damage was caused to the vehicle by the other vehicle and no injuries were caused to the workmen and the apex court found no such contributory factor on the part ..... person holding learner's licence, the insurance company would not be liable to pay the compensation to the victim particularly when the policy of insurance specifically provided that the insurance company, in the event of an accident, would be liable only if the vehicle was being driven by a person holding a valid driving licence or a permanent driving licence 'other than a learner's licence'. their lordships proceeded to hold ..... .(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of the victims of accidents so that the promisor is exculpated when he does everything in his power to keep the promise.their lordships further held in para 14 of the report as under:(14) section 96 (2) (b) (ii) extends immunity to ..... and conclusion arrived at by the tribunal below holding the driver of the van in question rash and negligent in driving the vehicle and causing the accident are concerned, there is no challenge to those findings by either side in this appeal and, therefore, to that extent the findings of the .....

Himachal Road Transport Corporation Vs. Inder Dass Beakta and ors.

Court : Himachal Pradesh

Reported in : II(2002)ACC398,2002ACJ874

..... according to him on proved facts it is clearly made out, firstly, that it was the deceased who was responsible for the accident in question having struck against the stationary bus of his client; and secondly even if case as projected by the respondents-claimant nos. ..... the tribunal below framed the following issues and has awarded the amount, as aforesaid, hence this appeal:(1) whether the accident leading to the death of jagmohan beakta was the result of rash and negligent driving attributed to respondent no. ..... 4, pleaded that the claim petition was not maintainable against it as the accident was not caused due to any negligence on the part of the driver of the vehicle/taxi. ..... before the tribunal is concerned, it pleaded that the accident in question was the result of rash and negligent driving on the part of the driver of the gypsy. ..... he further denied that on the date of accident his son had consumed alcohol and as a result of which he was driving the vehicle at a high speed or struck the gypsy with the stationary bus of the h.r.t.c. ..... hp 07-1766 as alleged?opp(2) whether the accident leading to the death of jagmohan beakta was the result of his own rashness and negligence, while driving the gypsy no. ..... he admits that on the day of accident he was not in the vehicle, but was at home. ..... he has further stated that accident was the result of the negligence on the part of the driver of h.r.t.c, who had hit the stationary vehicle. ..... when it was learnt that accident had already taken place. .....

State of Himachal Pradesh Vs. Desh Raj

Court : Himachal Pradesh

..... it has come in the evidence that there are 5, 6 shops and liquor vend near the place of accident but no witness from those shops and liquor vend has been examined. ..... it is unfortunate that kumari pooja has died but the prosecution has failed to establish that the accident took place due to the rash and negligent driving of the respondent. ..... in his statement, pw-1 has not stated that accident took place right in his presence. ..... pw-1 jaswinder singh has stated that accident was witnessed by ram dulara and radhe shayam. ..... the information of the accident was given to police station, parwanoo on telephone, police visited spot and recorded the statement ex.pw-1/a under section 154 cr.p.c. ..... pw-4 ram dulara on material point has contradicted pw-1 jaswinder singh regarding the manner in which accident took place. ..... the perusal of statements of pw-1 jaswinder singh and pw-4 ram dulara indicate that the place of accident is a busy place. ..... the accident took place due to the negligence of the bus driver. ..... the accident was witnessed by ram dulara, radhe shayam etc. ..... the accident took place due to the negligence of the bus driver. .....

State of Himachal Pradesh and anr. Vs. Brij Lal and ors.

Court : Himachal Pradesh

Reported in : IV(2005)ACC383,2007ACJ392

..... workman becomes entitled to get compensation the moment he suffers personal injuries of the types contemplated by the provisions of the workmen's compensation act and it is the amount of compensation payable on the date of the accident and not the amount of compensation payable on account of the amendment made in 1995, which is relevant. ..... when this case came up for consideration, the learned advocate general urged that admittedly accident took place on 17.8.2000, whereas explanation ii to section 4(1) of the act, was amended with effect from 8.12.2000 vide central act 46 of 2000 and by this amendment for words 'two thousand rupees' words ' ..... compensation became payable to the workmen, as it is not disputed that the accidents occurred during the course of employment, as per the law prior to the amendment ..... date for determination of the rate of compensation is the date of the accident and not the date of adjudication of the claim. ..... an employer becomes liable to pay compensation as soon as the personal injury is caused to the workman by the accident which arose out of and in the course of employment. ..... as these special leave petitions are concerned, we find that the accident had taken place a long time back. ..... he met with an accident due to flood from left bank of river satluj on 17.8.2000 ..... factum of accident was reported by assistant engineer, b&r; sub division, hp pwd, nirmand, district kullu on 18.8.2000 to the commissioner under workmen's compensation act, 1923 (hereinafter referred to .....

Thukan Sharing Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2009CriLJ4093

..... the petitioner ran away from the place of accident which indicates that he was guilty otherwise, there was no necessity for him to run away from the place of occurrence. ..... the vehicle after causing accident sped away from the spot and was chased on motor cycle. ..... she has stated that accident took place due to rash and negligent driving of the jeep driver. ..... the eye-witnesses of the accident have said that accused ran away from the place of accident.12. ..... pw-9/c is the site plan showing point 'a' where accident took place. ..... the accident' took place due to the negligence of the accused present in the court. ..... the accident took place due to rash and negligent driving on the part of the jeep driver. ..... when it was pointed to him that he raw away from the place of accident. ..... owned by his brother and in the year, 1996 the accused was driving the vehicle at the time of accident.11. ..... in the cross-examination con-ducted by the defence, he denied that he reached the spot after the accident. .....

Amar Singh Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : I(1987)ACC336

..... curiae, submitted that the proceedings instituted before the commissioner under the act are not competent as the petitioner is not a 'workman' who can be stated to have sustained a personal injury in an accident arising out of and in the course of his employment with his employer and that the only remedy available to the petitioner is to institute a claim petition under the motor vehicles act, 1939, before ..... for condonation of delay together with the claim petition duly thumb impressed by the petitioner and requested that the documents be forwarded to the motor accidents claims tribunal, nahan, (hereinafter referred to as 'the tribunal') for registering the case and for proceeding with the same in accordance with law ..... with the directive principle of state policy enshrined in article 41 of the constitution and having regard to the undisputed fact that the petitioner has sustained an injury in the course of an accident caused by the driving of a motor vehicle owned by the state, make to the petitioner an ex gratia payment in the sum of rs. ..... the case of the petitioner is that he has become totally disabled ever since the accident, which has caused grievous injury on his left leg, and that he is rendered ..... in arriving at an appropriate decision in accordance with law on the said application, the motor accidents claims tribunal will take into consideration the fact of the pendency of the proceedings under the act before the commissioner and will be guided by the principles laid down in .....

Himachal Road Transport Corpn. Through Its General Manager Vs. Guddi a ...

Court : Himachal Pradesh

Reported in : I(1990)ACC577,1990ACJ479

..... respondent saran dass was driving the bus at that time and the accident took place due to the rash and negligent driving of the driver of the ..... the perusal of the evidence on this aspect of the matter, it is apparent that the road at the place of accident was even and wide enough to enable three buses to pass simultaneously. ..... on the other hand, saran dass, respondent, states that the accident took place when about fifty yards ahead of him the scooter driver took a turn for ..... this appeal, the himachal road transport corporation challenges the award of the motor accidents claims tribunal, mandi, kullu, lahaul & spiti districts, in claim petition ..... also admits that the road at the place of accident was so wide that three buses could pass there ..... there was no passage for him to save himself from the accident as there came the parapet. ..... he also denied that the accident took place due to his ..... the accident took place due to the mistake of the scooter driver and at the time of the accident he was driving the bus at a very reasonable speed and he was not rash and negligent while driving ..... there is neither a cross-appeal nor the claimants have filed any cross-objections under order 41, rule 22, civil procedure code against this award of the motor accidents claims tribunal.14. ..... denied that claimant, guddi, was the widow of the deceased and that the accident was due to the rash and negligent act on the part of the driver of the bus and that the injuries sustained were not as a result of this accident. .....

K.P. Singh Vs. the High Court of Himachal Pradesh and ors.

Court : Himachal Pradesh

..... an attempt was made on the life of the petitioner when he was intentionally hit in a vehicular accident in july 1997. .....

Managing Director, Himachal Road Trans. Corpn. and anr. Vs. Sito Devi ...

Court : Himachal Pradesh

Reported in : 2009ACJ2474

..... common reply was filed on behalf of sher singh, driver of the bus, owned by the himachal road transport corporation, pleading that the accident took place only due to rash and negligent driving of sunil kumar.6. ..... it is held that it was sunil kumar alone who was driving his scooter in a rash and negligent manner and was responsible for the accident in which the deceased sustained injuries and later on died.19. ..... was registered only against sunil kumar, as the accident had occurred due to rash and negligent driving of the scooter on his part.16 ..... jashuben 2008 acj 1097 (sc), the apex court has held that it is necessary to consider the earnings of the deceased at the time of the accident.the cross-objections are dismissed accordingly. ..... from the admission of rw 6, at the place of the accident the road was approximately 15 ft, the bus was on the ascent and scooter was on the descent ..... reluctantly her son agreed, but when they went she saw sunil kumar driving the scooter in a rash and negligent manner towards tarakwadi side and after some time learnt about the accident in which her son died.17. ..... per the version given by pw 3, the scooter being driven by sunil kumar downhill was at a high speed and the accident occurred due to his fault. ..... court found that the deceased died as a result of an accident and taking his income to be rs. ..... the impact of the accident was such that the scooter was dragged for a distance of about 30 ft and the right leg of the deceased got crushed under the tyre of the bus .....