Court : Madhya Pradesh
Reported in : 1996ACJ1233
..... the first point that arises for determination in the case is as to who is responsible for the accident and whether both the drivers had equally contributed for the accident and collision?claimants have examined ramesh, cw 1, for proving the accident and the liability of the drivers but he has admitted that he was sitting in the jeep in the rear side and was drowsing. ..... we are, therefore, not in agreement with the finding of the learned tribunal and further hold that the accident occurred due to rash and negligent driving of the vehicle by the driver of jeep of narcotics department.5. ..... thus, union of india could not raise plea of immunity on the ground that the accident occurred in discharge of sovereign functions of the state.learned counsel for union of india after arguing for some time does not press the point much and rightly so. ..... in such a situation, we are inclined to believe kanhaiya lal and amol das that goes to prove that the accident occurred due to rash and negligent driving of the jeep owned by union of india. ..... neema, learned counsel appearing for union of india, has submitted that the accident occurred due to rash and negligent driving of the vehicle by driver of bus and, therefore, the finding of contributory negligence is wrong. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ2771; 2007(4)MPLJ17
..... mahadeva shetty : air2003sc4172 , has observed as under after considering various judgments with regard to grant of damages in accidents:(12) it is true that perfect compensation is hardly possible and money cannot renew a physical frame that has been battered and shattered, as ..... the mother of the claimant, mithlesh, aw 2, has deposed that her son was unconscious at the time of accident and he received fracture injuries in both legs and due to the injuries her son could not attend school for near about two years, he could not ..... ' xxx xxx xxx(18) a person not only suffers injuries on account of the accident but he also suffers in mind and body on account of the accident throughout his life and a feeling is developed that he is no more a normal man and cannot enjoy the amenities of ..... 5 in its written statement pleaded that the driver had no valid licence and the accident occurred due to contributory negligence, hence other insurance company and the driver of the ..... after appreciation of evidence on record has held that the accident was caused due to composite negligence of both the drivers ..... appellant-claimant was a boy aged 11 years at the time of accident, hence certainly it could not be ascertained as to what was ..... evidence he could not attend school for two years and he remained unconscious for near about 15 days and also he could not walk properly without assistance of stick or walker after the accident also, in my opinion, it would be just and proper to award a compensation of rs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ424; AIR2002MP86; 2002(1)MPLJ531
..... maintaining the electricity line and non-supervising the supply of electricity in the area resulting in illicit taking of electricity from its wire resulting in the accident, however, it has been promptly concluded by the trial court that the claimants did not prove the negligence on the part of the respondent. ..... therefore, it is the responsibility of mpeb to take all possible steps to avoid any accident in the transmission and regulation of electric supply and any negligence on its part is actionable at the instance of person who has suffered any damage to ..... thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of thing does not hap-pen if those who have the management use proper care, if affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care'. ..... has not produced any evidence whatsoever to place the facts showing that all necessary precautions were taken and there was no negligence on its part, it must be held that the accident happened because of the negligence of the defendant. ..... issued and it had knowledge about the accident from the other sources as well. ..... of negligence when an accident of this nature occurs. ..... these proceedings, is is a relevant document indicating how the accident took place. ..... to apply the principle of res ipsa loquitur helping the court to come to the conclusion that the death of deceased took place in the accident alleged.11. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ1206
..... parties led evidence and the finding recorded by the claims tribunal is that the accident took place on account of rash and negligent driving of the bus by the driver and that there was no negligence in driving the scooter. ..... there is ample evidence on record demonstrating quite clearly that accident was caused by rash and negligent driving of the scooter by vijay kumar, brother of the claimant, at the relevant time ..... he was driving heavy vehicle on highway with a down gradient, therefore, he should have been careful in driving the vehicle so that accident particularly with regard to small vehicle, is avoided. ..... he was admitted in the hospital after the accident and was discharged after 36 days. ..... this appeal is directed against the award dated 26.3.1986 passed by the motor accidents claims tribunal, bhopal, in claim case no. ..... he states that after this accident, he has discontinued his studies and is not in a position to do the work, which he had been doing before it ..... taking place of accident is not in dispute ..... at the time of accident, he was studying in higher secondary and could not continue the studies ..... therefore, from the evidence, it is aptly clear that the claimant has suffered serious injuries in this accident. ..... next question is what kind of injury was sustained by the claimant in this accident. ..... the evidence clearly suggests that abdul kadir was responsible for causing the accident. ..... defence taken by the bus driver is that the claimant's brother was entirely responsible for this accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ1234
..... here is a claimant who lost his right hand in the accident, his disability is worked out at 80 per cent with which we do not agree as the claimant has lost use of right hand completely after amputation.8. mr. m.l ..... contends that the bus was more liable than the truck and in case this court comes to the conclusion that both vehicles are involved in the accident, in that event, liability for the accident and payment of compensation should be equally distributed. mr. s.s. ..... the tribunal has come to the conclusion that the accident took place on 17.4.1989 for which the bus was liable to the extent of 25 per cent and the truck 75 per cent ..... it is contended that the truck was solely responsible for the accident, therefore, insurance company is liable to pay the compensation. ..... has denied the responsibility for taking place of the accident, therefore, it is stated that it is not liable to pay ..... contends that the bus was not liable for the accident, therefore, finding of the tribunal holding the m.p.s.r.t.c ..... it is also found that due to this accident, right hand of the claimant has been amputated ..... the claimant was injured in this accident as a result of which his right hand has been ..... appeal is directed against the award of motor accidents claims tribunal, mandleshwar in claim case no. ..... that the truck was not responsible for the accident cannot be accepted. ..... at the time of accident he was 24 years of ..... the accident, according to the claimant, was the result of rash and negligent driving by the truck .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP63; 1974MPLJ16
..... another matter if after all the available evidence is produced by the defendants the court is vet unable to decide as to whether it was the negligence of both or a's or b's that caused the accident; in such a situation, which is possible only in exceptional cases, the plaintiff may fail; (see baker's case p. ..... the plaintiff was held to be not guilty of non-excusable negligence when he got injured while keeping his hand slightly outside the window of a moving bus at the time of the accident it would be pertinent here to refer to the following statement of law in halsbury's laws of england 3rd edition. ..... (19541 2 all er 131 wherein it was held that when the defendants are the best persons to tell the story of the accident, they cannot by withholding evidence defeat the plaintiff on the abstract doctrine of burden of proof. ..... the defendants, when they are the best persons to tell the story of the accident, cannot by withholding evidence defeat the plaintiff on the abstract doctrine of burden ..... the truck coming from the opposite direction was visible from a distance and that the road was wide enough for the two vehicles to cross leaving a reasonable gap to avoid any accident even though the vehicles were moving at a speed of twenty-five or thirty miles. ..... cular cases the facts which are established may be shown clearly suggestive of the inference that unless the defendant is able to satisfy the court that accident was not attributable to his negligence, the finding would 20 against him. 33. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ1742
..... , for the very simple reason that the plaintiff is bound to establish the affirmative of the proposition; 'ei qui affirmat non ei qui negat incumbit probatio' which indicates that if the evidence establishes only that the accident was possibly due to the negligence to which the plaintiffs seek to assign it, their case is not proved. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ718
..... it is alleged that the vehicle was not driven by the driver in rash and negligent manner but the real cause of accident was sudden failure of brakes of vehicle and there was mud on the side of the road. ..... had the deceased not met with the accident, he would have survived up to the age of 80 to 90 years. ..... cph 8815 met with an accident between bargi and sukri village near hinauta nala on nagpur-allahabad road and as a result of this accident 3 to 4 passengers died and the remaining passengers received injuries. ..... therefore, to assess the compensation on the basis of the salary which the deceased was earning at the time of accident could not be a correct approach. ..... this is an appeal directed against the award dated 29.1.92, passed by motor accidents claims tribunal, jabalpur, in motor accident claim case no. ..... therefore, leelawati, the wife of deceased and his minor son, sunil kumar mishra filed the claim petition for grant of compensation before the motor accidents claims tribunal, jabalpur.3. ..... it is alleged that at the time of accident the respondent no. ..... 500 towards loss of goods caused in the accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ2762; 2008(4)MPHT86; 2007(4)MPLJ6
..... from the facts stated above and the findings of the tribunal, it is clear that the accident occurred due to rash and negligent driving of the scooterist and due to aforesaid negligent driving, the right leg of the claimant-appellant has been amputated above knee level.6. ..... 3 and due to the aforesaid rash and negligent driving the accident occurred and right leg of claimant was amputated from above knee level and awarded a total compensation of rs. ..... the claimant-appellant has filed this appeal under section 173 of the motor vehicles act, 1988, against the award dated 1.11.1999 passed by the ninth motor accidents claims tribunal, gwalior in claim case no. ..... due to the aforesaid accident, he suffered serious injuries in his right leg and was admitted in j.a. ..... as a result of the accident his one arm was amputated which was almost total disability for earning. ..... a report of the accident was also lodged at police station bahodapur. ..... after accident he could not do the work of selling milk because his right leg has been amputated. dr. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ674
..... this appeal is directed against the award of 5th member, motor accidents claims tribunal, indore ('mact for short) dated 31.10.1998.2. ..... it is the duty of the court to award just compensation in motor accidents cases to be determined on the facts, evidence and experience. ..... the deceased was 20 years old at the time of accident and was a brilliant student and had received pilot's licence. ..... driver is not responsible for the accident, therefore, not liable for the compensation. ..... finding recorded is that accident took place as stated by the claimants. ..... as a result of this accident the deceased fell and died later on in the hospital. ..... due to the accident crowd collected and looking to the possible violence the driver left the bus and place. ..... as a result of this accident, his family members not only suffered financially but also mentally. ..... at the time of accident he was studying in b.sc. ..... deceased samir bist (20) met with an accident on 10.9.1991 at 8.30 p.m. on a.b. ..... the evidence in this case is that the deceased was 20 years old at the time of accident. ..... mact has found on evidence that he was driving the vehicle rashly and negligently and committed the accident. ..... evidence clearly points out that it was driver of bus who was responsible for this accident. ..... in substance, the defence taken is that bus was not involved in this accident. .....
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