Judgment Search Results Home > Cases Phrase: accident Court: himachal pradesh Page 2 of about 3,052 results (0.007 seconds)

Gurdev Singh and ors. Etc. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1992HP70,1992CriLJ2542

..... stated by the inspector general of prisons that no prisoner, whose services were utilized in the jail factory/garden/kitchen and/or at any other place during the last five years, has/had received any injury by accident arising out of and in the course of his employment for such work.8. .....

Asa Singh and ors. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1981HP75

..... the face of this decision we are inclined to hold that the accident took place due to the negligence on the part of the driver.17. ..... 149 of air guj) : --'the law relating to compensation in motor accident cases has been enacted by the state for the benefit of the dependants of the unfortunate victims and it is surprising that when it comes to the implementation of the said law, the limbs of the state should try to ..... the driver of the jeep was stated to be alive, but he has not been produced as a witness to show that the accident did not take place due to his negligence. ..... it is also stated that the road on which the accident actually took place was being constructed from rampur to gaura. ..... application that manjeet singh, aged 22 years, son of asa singh appellant and the brother of other petitioners/appellants was employed as a sectional officer in the public works department of himachal pradesh, and at the time of the accident he was working in gaura section of ram-pur bushahar. ..... looking to the fact that the accident took place as back as in december 19r7 and this appeal is being decided after about 14 years, we are inclined to dispose of this appeal on merits as well.15 ..... it is contended by the learned counsel for the appellants that the provisions for the payment of compensation under the motor vehicles act in the event of any accident, are in the nature of benevolent provisions. ..... the jeep met with an accident at a place 4 miles and one furlong from the starting point of rampur gaura road .....

State of Himachal Pradesh Vs. Mast Ram

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC309

..... sood complainant in his statement ex.pw-2/a before police has stated that he saw the accident which took place due to rash and negligent driving of the bus driver. ..... of cross-examination of pw-7 indicates that bus conductor was not aware of the accident and therefore, if the bus conductor has not stated regarding the cause of accident then no adverse inference can be drawn against the prosecution.16. ..... has not discharged his burden as held in thakur singh case and has not succeeded in showing that the accident took place due to reason other than his negligence. ..... a situation the doctrine of res ipsa loquitur comes to play and the burden shifts on to the man who was in control of the automobile to establish that the accident did not happen on account of any negligence on his part. ..... and pw-3 have fully proved that accident took place due to rash or negligent driving of respondent at the time of accident, which ultimately caused the death ..... difficult to trace out the persons, if any, who were standing near the place of accident at the time of accident, unless some body comes forward of his own, therefore, the prosecution case cannot be thrown out on the ground that the bus passengers or the persons, if any, who were standing near the place of accident were not examined. ..... no whisper in the defence of the respondent that accident took place due to mechanical brake down of the ..... not taken stand while cross-examining the eye witnesses of the accident that respondent was not driving the bus no. .....

Smt. Seema Devi and ors. Vs. Sh. Ajay Thakur and ors.

Court : Himachal Pradesh

..... kumar in a rash and negligent manner, which was the cause of the accident in which the deceased sustained injuries and died on the spot due to ..... the assessed damages on the ground that some pecuniary benefit was derived on account of the death of the deceased by reason of the fact that the widow of the employee secured employment after the accident was not legal and proper and that it was required to be disallowed. ..... ch-01z-7130 not being the necessary party since the accident had taken place due to the rash and negligent driving of the driver of ..... and by applying the multiplier of 14, considering the age of the deceased to be 36 years at the time of the accident, the total compensation for loss of dependency was worked out to be rs. ..... a settled position of law that the income of the deceased as on the date of the accident needs to be considered for determining the loss of dependency. ..... have filed the present appeal seeking further enhancement of the compensation awarded by the motor accident claims tribunal (i), kangra at dharamshala, h.p. ..... the claimants in that case was the widow of an employee of the gujarat state road transport corporation ('gsrtc' for short) who died in the course of an accident while on actual duty. ..... claimants the deceased, in normal course would have retired as special foreman which post at the time of the accident was carrying a salary of rs. ..... at the time of the accident the deceased was employed as a t-mate with the himachal pradesh electricity board and drawing a .....

Col. M.K. Chauhan Vs. Cosmo Ferrites Ltd. and ors.

Court : Himachal Pradesh

..... he also urged that the appellant had to undergo bye pass surgery which was directly relatable to the accident and that he would have been promoted to the rank of brigadier and major general considering his service record but due to medical down-grading he could ..... there is no dispute with respect to the fact that the accident infact occurred and that this was relatable to the wrongful acts ..... the first issue, the learned tribunal concluded that the accident had occurred because of the fault of the bus ..... crucial issues related to the fact as to whether the accident took place because of rash or negligent driving of respondent ..... however modified to the extent that the appellant shall be entitled to interest at the rate of 10% from the date of accident till the amount is deposited by the respondents. ..... he has deposed about the accident, treatment at igmc shimla, military hospital, shimla and chandimandir ..... hp-03-1782 met with an accident with a mini bus ( ..... been preferred by the appellant-petitioner, who was injured in an accident, when his car no. ..... two disabilities of the appellant namely non-insulin dependant diabetes niddm type-ii and hypertension there is no medical evidence on record to show or establish that these diseases are the direct result of accident or relatable to the accident.17. ..... before this accident, he was in the medical category according to which in the normal circumstances he would have been promoted to the rank of brigadier and he was informed about this fact by letter dated .....

Smt. Vidya Devi and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP89

..... 3) was driving the vehicle rashly and negligently and that the accident was caused on account of his rashand negligent driving. ..... hps 1036 on 20th april, 1974, when this truck met with an accident near chhots simla on the dhalli-shoghi road. ..... the appellants have filed this appeal against the award, dated 12th april, 1978, of the motor accidents claims tribunal, simla (hereinafter called the tribunal).2. ..... hps 1036 on 19-4-1974 without the permission of the in-charge of the vehicle which met with an accident on dhalli shogi road at 22.10 hours, if so, its effect? ..... ram saran died as a result of the accident and the present appellants are his legal heirs being the widow and the sons. ..... whether the accident was due to the rash and negligent driving of shri ram dass driver, as alleged, if so, its effect? .....

State of Himachal Pradesh Vs. Amrik Singh

Court : Himachal Pradesh

Reported in : 2007CriLJ4177

..... the investigating officer hc harinder singh (pw 10) had admitted in the cross-examination that there was enough space left on the side of the car and the truck was removed from the site of the accident to a distance of about 3 feet the spot, the truck was loaded and was going uphill, therefore, the question of driving the vehicle in high speed does not arise at all. ..... learned trial court took the view that the independent witnesses (pws 4 and 5) aforesaid had turned hostile to the prosecution, they did not know how the accident had taken place and that the mechanic (pw 7) who had examined the vehicles involved in the accident did not deny that the car was in a speed and driver could not control his speed and hit the truck. ..... learned trial court has given undue importance to the statement of pw 7 chinta mani, mechanic, who had examined the vehicle after the accident and his opinion could not have been made the basis for the acquittal of the respondent. ..... 4 bhajna nand and pw 5 ram rattan have denied the said accident having taken place in their presence. pw 6 dr. r. g. ..... it is a notorious fact that the accidents of motor vehicles are rampant on the public highways due to the rash or negligent driving by the drivers, on account of flouting of the traffic rules and lack of ..... not even suggested in cross-examination, the exercise of due care and caution by him nor so explained in his statement under section 313 of the code of criminal procedure, what steps he took to avert the accident.15. .....

Himachal Road Transport Corporation Vs. Hark Bahadur and anr.

Court : Himachal Pradesh

Reported in : 2008ACJ1127,2007(2)ShimLC409

..... if we assume (we do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even partly a conjecture....14. ..... para- 9 of the judgment, the supreme court has further held as under: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. ..... petitioner fell down from the scooter and sustained injuries in the accident as a result of which he became paraplegic with 100% disability ..... the learned tribunal has held that accident had taken place due to rash and negligent driving of both petitioner as well as respondent no. ..... was doing graduation but due to accident he could not complete his graduation. ..... , is in appeal against the award dated 11.3.2003 passed by learned motor accident claims tribunal, solan in mac petition no. ..... 1 corporation has submitted that accident had not taken place due to rash and negligent driving of respondent ..... on merits, accident has been admitted but it has been alleged that accident had taken place due to negligence of ..... 2 for the accident has been held 60% and that of petitioner 40% and ultimately learned tribunal has passed the impugned award along with interest, as noticed .....

Dipu Vs. the State of Haryana and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP67

..... but then removing the injured immediately to the hospital or even reporting the accident to the police (there is no evidence on record that the driver reported the matter to the police) does not by itself show that he was not guilty of ..... may here add that i have some hazy notion c f the place of accident since one has to pass through it while travelling between solan and kalka. ..... all the witnesses are unanimous that at the place of accident the bus, which was proceeding from solan to kalka, was on the ..... appeal under section 110-d of the motor vehicles act is directed against the judgment of motor accident claims tribunal solan dismissing the claim of the appellant.2. ..... was looking after the agricultural work in addition to the household chorea however, after the accident she is de-voting her full attention to her son. ..... he had come down the bus after the accident and had seen the appellant lying unconscious with the head towards the parapet and the legs towards the ..... have already described thescene of the accident with the help ofthe plan. ..... 9, deposes thus :'as a result of the accident his health has deteriorated awfully, in spite of ..... the course of trial the scene of accident was inspected by the tribunal. ..... it was alleged that the accident was the result of the negligence and/or rashness of the driver of the ..... leave it to the motor accident claims tribunal to decide about it ..... 4) describes the accident thus:'when we were passing through saproon area i saw two children stand-ing between two .....

Sh. Raj Kumar Vs. Shri Satpal and ors.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC438

..... in the present case the claimant was only 26 years when he suffered the accident and he has to live through out his remaining life and the compensation has to be such that he on the basis of such compensation can exist without being dependent on others ..... : [1995]1scr75 , speaking about the heads of compensation, the apex court held thus:broadly speaking, while fixing the amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... by the victim and the difference between what he would be capable to earn on disablement.it is well settled that in disablement cases compensation has always to be higher than even in cases of death since it is given to the living victim of the accident both for his personal loss and for economic loss. ..... however, keeping in view the fact that the accident took place in the year 2002, the income of the claimant can be assessed at rs ..... further, due to this injury, there can be loss of earnings, completely or partial due to the accident on his capacity to earn the same. ..... 000/- and the award of the learned motor accident claims tribunal is modified accordingly. ..... he was a labourer prior to the accident and therefore as far as he is concerned his loss of earning capacity is virtually total ..... taking into consideration the law laid down by the hon'ble apex court and this court, i am constrained to observe that the award of the learned motor accident claims tribunal awarding a sum of rs. .....