Court : Madhya Pradesh
Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407
..... in our opinion section 124a of railways act has to be read in conjunction with section 13 and section 24 of railways claims tribunal act so as to find out whether accident would bean untoward accident, had it taken place after commencement of section 124a of railways act as amended in 1994 as all such cases pending irrespective of date of their taking place stand transferred to railways claims ..... jitendra shah, 2000 air scw 1734 : (air 2000 sc 3398), wherein the case was filed before the motor accidents claims tribunal, an objection was raised that since the railway was solely responsible for the accident as it happened on a manned level crossing, which was not closed, when the bus crossed the same and was hit by ..... learned counsel for the union of india has made an attempt to submit that no such accident took place at sanchi railway station which he submits on the strength of statement of rakesh bhardwas, station supdt, sanchi, who has stated that no such accident took place on 21-5-1991, but, fact remains that the said date was amended to 17-5-1991 in the claim petition and the witness has admitted in paragraph 7 of his cross-examination that there is an ..... had the said provision been in force at the relevant time when the accident took place, such case shall stand transferred to the railways claims tribunal. ..... to collector, district bhopal on 13-1-1992 that the claimant had suffered injury in the train accident while she was travelling from beena to bhopal in the passenger train. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)ACC425; II(1990)ACC5; 1990ACJ965; AIR1990MP282
..... learned tribunal, on appreciation of evidence adduced by the parties, came to the conclusion that the accident took place because the truck was being driven in high speed and hence rashly and negligently. ..... it is true that courts and tribunals in india have applied section 1a of the fatal accident act, 1855 to assess damages, but even said provision when applied to a (case) covered by the act, has been read with section 110b which makes it obligatory on the tribunal to award 'just ..... in a very high speed and therefore in rash and negligent manner and met with an accident killing the aforesaid three persons who had been taken as passengers. ..... provision therefore seeks to secure social justice to the representatives of the victims of road accidents and to that extent, modifies the substantive law of this country. ..... is also no evidence in support of the defence that the accident was the result of the burst of front tyre of the vehicle ..... mahta, motor accident claim case ..... the accident, according to the appellants was for reasons beyond ..... was specifically submitted that one of the tyres of the front wheel of the vehicle got suddenly burst resulting in the accident as aforesaid. ..... of the act provides for fault liability in cases of 'death or permanent disablement of 'any person' resulting from an accident. ..... air 1989 madh pra 105 also held that though this provision was not retrospective in operation, it can certainly be taken into consideration in determining compensation in case of fatal accidents. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(2)MPHT126
..... 421, para 31) where an enterprise is engaged in a hazardous or inherently dangerous activity and harm is caused on anyone on account of the accident in the operation of such activity, the enterprise is strictly and absolutely liable to compensate those who are affected by the accident; such liability is not subject to any of the exceptions to the principle of strict liability under the rule in rylands v. ..... liability to give relief in certain cases on principle of no fault-- (1) where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in the schedule for such death, injury or damage. ..... (g) 'owner' means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,-- (i) in the case of a firm, any of its partners; (ii) in the case of an association, any of its members; and (iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is ..... the learned counsel for the board submitted that the definition of the word 'accident' will apply only to a person who is handling hazardous substance and further submitted that the act will not cover matters pertaining to death due to electrocution.7. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ682; AIR2007MP38; [2007(2)JCR115(MP)]; 2006(4)MPLJ5
..... as per the well settled principles of statutory interpretation, the provisions of motor vehicles act, 1988, will apply and the provisions of indian succession act, 1925, will not apply to motor accident claims cases and therefore, section 306 of the indian succession act, 1925, which provides that all rights to prosecute or special proceeding existing in favour of a person will survive to his ..... hence by virtue of the principle in section 306 of the indian succession act, 1925, the legal representatives of a deceased, who suffers personal injury in a motor accident and who dies subsequently for some other reason, cannot prosecute or continue to prosecute an application for compensation under sub-section (1) of section 166 of the motor vehicles act, 1988.12 ..... nature specified in sub-section (1) of section 165 may be made--(a) by the persons who has sustained the inquiry; or(b) by the owner of the property; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, ..... devendra choubey, learned counsel appearing for the appellants, submitted that under sub-section (1) of section 166 of the motor vehicles act, 1988, an application for compensation arising out of an accident involving bodily injury to a person arising out of use of a motor vehicle, can be filed not only by the person, who had sustained injury, but also by all or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP215; 1968MPLJ707
..... (page 167) in general accident fire & life assurance corporation ltd. v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1986)ACC307
..... 4 satwajirao, who were all travelling in the said bus along with decased sadashiv on the date of the said accident, contended that the evidence of these witnesses has not been rebutted in any way as the respondents did not lead any ..... the evidence of these witnesses on this point which has been properly considered by the learned of member of the tribunal, we are of opinion that it has been satisfactorily proved that the accident occurred because of the composite negligence of the bus driver as well as the truck driver. ..... bhopal) that the damages recoverable for loss to the estate of the deceased under section 2 of the fatal accidents act must include damages for loss of earnings of the lost years, i.e. ..... 1 has filed cross-objections mainly on the ground that the accident occurred solely due to the negligence of the truck driver and not that of the bus driver and consequently ..... there is nothing to doubt the evidence of these witnesses who have proved that sadashiv received serious injuries in the said accident and it is because of this accident that this right hand had to be amputated. 12. ..... member of the tribunal has rejected the same mainly on the ground that the cause of death was the accident has not been satisfactorily proved by the claimants. ..... also found that sadashiv received serious injuries in the accident and his right hand, therefore, had to be ..... the insurance company has contended that the accident occurred because of the rash and negligent driving of the bus by its driver .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995ACJ480
..... the tribunal also came to the conclusion that as a result of the said accident, the claimant had sustained a permanent disability to the extent of 45 per cent. ..... during all this period, that is from the date of accident till he was discharged from the birla institute of medical research, gwalior, the claimant was on leave.5. ..... he is not satisfied with the quantum of compensation allowed to him by the motor accidents claims tribunal (hereinafter referred to as 'the tribunal'). ..... so far as the manner in which the accident took place is concerned, the findings recorded by the tribunal have not been assailed before us. ..... he has also stated in his evidence that he was under treatment right from 3.8.1987, when the accident took place, to 29.11.1987. ..... he met with an accident on 27.7.1987 at about 5.30 p.m. ..... at the time of accident he was 54 years old. ..... he met with an accident on 27.7.1987. ..... coming to the facts of this case, it may be seen that the claimant was 54 years of age at the time of the accident. ..... 20,000/-(iv) loss of leave availed on account of the said accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996ACJ876
..... on the other hand, we are satisfied that the trial court was perfectly justified in holding that the accident was the sole result of rash and negligent driving of the violating bus. ..... the non-applicants in the claims tribunal (who shall be referred as non-applicants for the purpose of convenience in this award) denied the said allegations and submitted that the accident was solely the result of rash and negligent driving of the jeep. ..... rajendra prasad khemka, who was aged about 30 years at the time of accident and was dealing in textile material under the name and style of 'rajendra fancy stores', satna, died at the place of the incident itself ..... after recording evidence in the case, the trial court held that the driver of the relevant bus was solely responsible for the accident and only on account of his rash and negligent driving of the bus, the accident took place. ..... a report regarding the said accident was lodged at police station chorhata, district satna, where a case for committing offences punishable under sections 279, 338 and 304a of the indian penal code was registered against the driver of the bus.3 ..... contention of non-applicant corporation that the claims tribunal erred in holding that the driver of the bus was solely responsible for the accident, has absolutely no substance. ..... as the accident did not take place within the territorial jurisdiction of the revenue district of satna, the relevant accidents claims tribunal had no territorial jurisdiction to try the claim of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ647; [1994]79CompCas665(MP)
..... however, after hearing the parties and appreciating the evidence adduced by the parties, the learned tribunal came to the conclusion that the accident occurred due to the negligent driving of the truck by the truck-driver, mehboobkhan. ..... it is alleged that the alleged collision and the accident occurred due to rash and negligent driving of the truck by respondent no. 2. ..... this appeal is directed against the judgment and order dated october 11, 1982, of the motor accidents claims tribunal, ujjain, passed in claim case no. ..... 2, mehboobkhan, was the driver at the relevant time, and on the date of the accident he was going from ujjain to shajapur.3. ..... per annum from the date of the accident till the date of payment. ..... 3 has submitted that the accident occurred nearly fifteen years ago. ..... damage to the engine and the front part of the vehicle is caused because of the head-on collision of two vehicles of similar nature, the damaged vehicle will not come to its own condition existing prior to the accident despite best efforts.19. ..... 7,000 for the damage caused to the bus owned by the claimant-appellant during the accident dated june 28, 1977, at 11 a.m. ..... raghav, (stores inspecting officer), aw-3, yogesh bhawalkar (chief mechanical engineer), aw-4, rameshwar dethaliya and aw-5, karansingh, who are said to be independent witnesses and have seen the accident.aw-7, bibi bai, aw-8, shankarlal, have been examined to prove the death of ibrahim khan in the accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995ACJ64
..... a perusal of the evidence on record clearly goes to show that the finding arrived at by the claims tribunal with respect to the fact that the accident took place due to the rash and negligent driving is established. ..... in view of what has been said above, it is amply proved that the accident took place due to the rash and negligent driving. ..... the statements of these two witnesses do not help in arriving at a conclusion as to whether the accident took place due to rash and negligent driving. ..... the claims tribunal has given a categorical finding that the accident took place due to rash and negligent driving. ..... in order to succeed in a defence that the accident was due to mechanical defect the owner must have proved that he had taken all necessary precautions and kept the vehicle in roadworthy condition as held by the hon'ble supreme court in minu b ..... the main question is as to whether the accident took place due to rash and negligent driving of the driver or it took place as a result of failure of brakes as claimed by the state ..... the plea that the accident took place due to sudden failure of brakes cannot be ..... he died in a truck accident 6 years back and at that time his age was about 30 ..... is admitted on all hands that the accident on the date and time as claimed by the claimant did take place and suresh dheemar lost his life in the accident. ..... in fact the accident did not take place due to rash and negligent driving of the driver but it took place due to the fact that all of a sudden brakes .....
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