Court : Madhya Pradesh
Reported in : II(2002)ACC432; 2003ACJ1756
..... having considered the rival contentions this court is of the view that the finding arrived at by the claims tribunal about contributory negligence of the appellant as well as of the jeep driver for the accident appears to be just and proper on the basis of the statement given by the appellant and the jeep driver and looking to the extent of damage at the front side of the scooter. ..... the contention of the learned counsel for the appellant that the claims tribunal has erred in holding the contributory liability of the appellant for the accident and also awarded a very less amount for ten to twenty per cent disability and shortening of 2 cm. ..... learned claims tribunal, after framing issues, gave finding that the accident did not occur in the manner as described and submitted by the appellant. ..... this appeal has been directed for enhancement of the award by the appellant against the award dated 23.12.1997 passed by the sixth additional motor accidents claims tribunal, ujjain in claim case no. ..... he was also hospitalised for a long period and in this judgment also, there was no finding given by the claims tribunal about contributory negligence of the appellant and the jeep driver for the said accident.7. ..... the version of the appellant was found to be incorrect about the manner of the accident, i.e. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1999)ACC307; AIR1999MP17
..... learned counsel for appellants in this appeal has urged that the finding that the accident occurred due to negligence and carelessness on the part of defendants/appellants is not supported by the evidence on record and therefore cannot be sustained. ..... in the circumstances, the finding recorded by the learned trial court that the accident occurred on account of negligence and carelessness of the defendants/appellants, is based on proper appreciation of evidence. ..... the allegations of the plaintiffs/respondents were that the above accident took place on account of negligence and carelessness on the part of employees of madhya pradesh electricity board. ..... therefore the defendant/appellants alleged that the above accident occurred on account of negligence and carelessness on the part of deceased. ..... it has further been urged that in fact the accident took place on account of the wind and storm, which can only be termed as an 'act of god', for which the appellants/defendants could not have been held responsible. ..... thus, the accident would have been averted. ..... sary precautions and failed to take care so as to prevent the occurrence of such an accident. ..... it was alleged that old wires were used by the defendants/appellants and no guarding was provided in the electricity line to prevent such an accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP47
..... their lordships held that the events that took place told their own story and, therefore, the presumption was attracted that the accident was caused by the negligence of the driver.regarding the damages for fatal accident, their lordships laid down that where the deceased be an earning member of the family, on whom other members might be dependent, the basis for calculating the pecuniary loss to the ..... 1, wherein their lordships have laid down that the maxim of res ipsa loquitur would be applicable where the cause of the accident cannot be ascertained and the circumstances are consistent with the rash and negligent driving on the part of the driver. ..... out of these questions, the main questions that arise for consideration in the present appeals are:(i) whether the accident took place on account of the rash and negligent driving on the part of the bus driver so as to make the state road transport corporation liable in damages;(ii) what should be the principles for ..... explanation having been established to be incorrect, the circumstances and the apparent facts relating to the accident are only consistent with the theory of rash and negligent driving on the part of the bus ..... constable, who was also travelling in the bus, stated that at the time the accident took place, the speed of the bus was very moderate, the road was quite ..... on behalf of the claimants positively establishes the fact that at the time of the accident, the speed of the bus was high, that is, above 50 miles per hour .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT13; 2005(4)MPLJ157
..... that time the bus was going on the main road from seoni malwa towards shivpur and the accident took place at the intersection of three roads, of which the third road goes towards village miaugaon ..... in view of the aforesaid, i do not find it safe to hold that the accident happened because the applicant was driving the bus rashly and negligently within the meaning of section 304a of the indian penal code which requires a much higher degree of negligence than ordinary ..... learned senior counsel for the applicant, without disputing the accident between the bus of applicant and jeep of rakesh (p.w ..... this contradiction regarding the place of accident also creates a doubt on the prosecution ..... in the spot map the place of accident shows is much before the intersection of the three ..... this was possible because the accident took place at the intersection of the three roads for which the drivers of both the vehicles were apparently negligent and misjudged each ..... and varsha survived the accident but had sustained some injuries ..... not have possibly seen as to how the accident actually took place.6. ..... moreover, the place of accident, as shown in the spot map, is just contrary to the evidence of rakesh (p.w. ..... 12) inspected the place of accident and registered a criminal case against the ..... gave the information about the accident at police station, shivpur ..... p-11, of the place of accident was prepared by ramesh (p.w. ..... also not ruled out the possibility of the driver of the jeep being negligent at the time of accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ444
..... it is their evidence that their attention was attracted when the accident occurred and at that time the truck was at least a furlong away from the place where they were working ..... no doubt, the version of the eyewitnesses further was that immediately after the accident they had rushed to the place of the incident. ..... as already observed, the accident was seen by the eyewitnesses from a long distance of at least one furlong when they could not have recognised the person in the driver's seat ..... of them, deokaran, pw 4, in fact candidly admitted in his cross-examination that he could not say if the applicant was the person who was actually driving the truck because, as he said, he had seen the accident from a long distance. ..... the evidence already adverted to above, it was doubtful if the applicant/accused was really the person who was driving the truck and had caused the accident. ..... it is in this context that it becomes important to know as to whether the prosecution evidence had clearly established that accused/applicant was the person who was really driving the truck at the time of the accident. ..... was the assumption of the eyewitnesses, which could well be mistaken, that the person who had fled in another truck was the person who was driving the truck in question and had caused the accident. ..... heard learned counsel for the parties and perused the record, in my opinion, on the prosecution evidence it was doubtful if applicant ramdayal singh was really driving the truck which caused the accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999ACJ933
..... view all these difficulties, we propose to issue following directions:(1) the criminal courts are directed to see as and when the criminal case is brought before them arising out of the accident either by heavy vehicle or light vehicle or any three-wheeler or two-wheeler, they will ensure that the original policy of the insurance of the vehicle in question along with driving ..... in the courts day-to-day in claim petitions, it is very difficult to find out the name of the owner of the vehicle as well as the driver thereof involved in the accident and even if they are found and arrayed as parties/ non-claimants then service on these non-claimants is another big problem. ..... we direct the state government to issue directions to investigating agency that they will ensure that as and when such accident takes place it is their responsibility that vehicle in question should be got insured if not insured and in the event the vehicle is not insured accused is ..... it is brought to our notice that directions are required to be issued to the state government that if vehicle involved in the accident is not insured, in that case that vehicle will not be released unless it is insured and accused along with other criminal charges is ..... (2) they shall also ensure that at the time of the delivery of the vehicle involved in the accident on suparat-nama in the event of vehicle not insured then solvent security is obtained from the owner of vehicle in question or his agent and along with solvent security in case .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... we have to give effect to the real purpose of the provision of law relating to the award of compensation in respect of the accident arising out of the use of the motor vehicle and cannot permit the insurer or give him the right to defend or appeal on grounds not permitted by law ..... in para 3, it has been held:(3) the cases involve grant or refusal, as the case may be, of compensation by motor accidents claims tribunal under section 140 of the act in the absence of the parties having invoked either jurisdiction of the high court under section 115 of the civil procedure code, 1908, or the ..... those suggestions are made in order to help persons who are injured in such accidents or the legal representatives of persons who sustained fatal injuries in such accidents and to secure them minimum amount of compensation without being compelled to prove the fault of the persons whose fault alone would give rise to compensation according to principles ..... darshana devi 1979 acj 205 (sc), we are of the view that the motor accidents claims tribunal constituted under the motor vehicles act is a civil court for the purposes of section 25 of the code of ..... defeat the provision of sub-section (2) of section 149 of the act and throw the legal representatives of the deceased or the injured in the accident to unnecessary prolonged litigation at the instance of the insurer. 17. ..... other side admitted taking place of accident, rest of the allegations were denied and the insurance company alleged that it was not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ1107
..... of the use of motor vehicles, or damages to any property of a third party so arising, or both, could be made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of 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, as the case may be. ..... other important part of the said section is sub-section (4) which provides that 'the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act'. ..... in routine the compensation is always assessed on the basis of the date of accident but in peculiar case like case at hand in which parents have been left by deceased requires some additional consideration. ..... thus, the circumstances subsequent to accident that different revisions in pay scales and enhancement in the salary of the employees of m.p.e.b. ..... being aggrieved by the award dated 9.9.1987 passed by additional motor accidents claims tribunal, jabalpur in a.m.v. ..... 15,000 per year is prescribed for non-earning deceased person in vehicular accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ1821
..... 1991 acj 777 (sc), wherein it has been held that for awarding compensation under section 92-a of the act, the claims tribunal is required to satisfy itself in respect of the following matters:(i) an accident has arisen out of the use 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 is making the claim;(iii) the claim is made against the owner ..... garji devi 1993 acj 804 (hp), in which the high court of himachal pradesh also held the same relying on the decision of shivaji dayanu patil (supra) observing 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 claim is made against the owner and insurer ..... judgment and award of compensation under section 140-(1) the claims tribunal shall proceed to award the claim of compensation under section 140 on the basis of- (a) application and statement of the parties,(b) accident information report in form 54 of the central rules or certificate regarding ownership and insurance particulars of the vehicle involved in the accident, obtained from the registering authority;(c) first information report;(d) post-mortem report or the death certificate or injury report in form m.p.m.v.f. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ1545
..... hence, drivers of both the vehicles were equally responsible for the said accident and as has been laid down by the full bench of this court in the case of sushila bhadoriya 2005 acj 831 (mp), we hold that the claimants are entitled to recover the amount of compensation from any of the ..... the claims tribunal found that the accident has taken place due to rashness and negligence of both the vehicles and awarded compensation as indicated herein above with a direction to the owners and insurer of both the vehicles to apportion the liability to the extent of 50 ..... this order shall govern the disposal of both these appeals as they arise out of common award dated 5.7.2000 passed by the eighth additional member judge, motor accidents claims tribunal, gwalior in claim case nos. ..... 676 of 2000 is concerned, in that case, the deceased was a boy of 9 years at the time of the accident and was a non-earning member. ..... the deceased was 33 years of age at the time of accident, hence, the multiplier of 17 will be applicable. ..... deceased persons who were travelling in the bus sustained injuries in the said accident due to which they died.3. ..... 679 of 2000 is concerned, in that case the deceased was 33 years of age at the time of the accident. ..... 1 because the said witness has clearly stated that after the breakdown, the bus has again started and was moving at the time of the accident. ..... 1 was not negligent and whether the driver of the truck was solely responsible for the accident.7. .....
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