Court : Madhya Pradesh
Reported in : 1991ACJ166
..... it is further alleged that as per the version of the driver kanhaiyalal, biharilal yadav and krishna narayan dixit were drunk and as they fell on the driver, the accident took place because of the negligence of the victims themselves and, therefore, the claim petitions deserve to be rejected.6. ..... for the appellants, submitted that since the victims were travelling in the jeep as unauthorised passengers and as they themselves had compelled the driver of the vehicle to unauthorisedly take away the vehicle and as the accident was also caused due to the victims themselves falling on the driver and causing the accident, the appeals deserve to be allowed and no compensation was payable to the claimants. ..... he further alleged that the brakes of the vehicle failed suddenly and the accident was an act of god and was not due to any negligence on his part. ..... state of m.p 1986 acj 902 (mp), wherein it is decided that even if a driver allows passengers to travel in the vehicle and takes fare from them, in case of accident and injuries to such passengers, even the owner of the vehicle is responsible. mr. ..... we have, therefore, no doubt that the driver of the jeep was responsible for the accident, which was caused due to his rash and negligent driving. ..... in the latter case, the supreme court has observed that accidents claims tribunals must take special care to see that innocent victims do not suffer and drivers and owners do not escape liability merely because of some doubt here or some obscurity there .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1991)ACC275
..... the case of the claimant was that the cause of the accident was negligent driving of the driver while the corporation laid the responsibility on the claimant himself by asserting that he negligently ran across the road having seen the approaching bus which resulted in the accident it was also pleaded that there was a mechanical failure in the bus.4. ..... the learned counsel for the appellant has submitted that if the evidence were properly appreciated it should have been held that the negligence of the claimant himself was the cause of the accident and hence nothing could have been awarded against the appellant. ..... the tribunal found that the cause of the accident was the negligence of the driver. ..... 559 where the accident having resulted in fracture of both legs and amputation of the right leg, the figure of compensation was fixed at rs. ..... 2 met with an accident on 25.7.84 injuring the claimant/respondent no. 1. ..... the theory of mechanical failure was discarded because there was nothing to prove that the vehicle was not road-worthy prior to the time of the accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1993)ACC340
..... application:--(1) an application for a claim for compensation arising out of an accident of the nature specified in sub-section (1) of section 110a of the act shall be made in form 'c.a.a. ..... application--(1) an application for a claim for compensation arising out of an accident of the nature specified in sub-section (1) of section 110a of the act shall be made in form 'a' apended to these rules. ..... the form of the application has been prescribed for by rule 3 of the madhya pradesh motor accidents claims tribunal rules, 1959 as in the judgment reported in m.p. ..... jahiram (supra), rule 3 of the madhya pradesh motor accidents claims tribunals rules, 1939 has been construed and it has been held that the insurer must be impleaded as a party as required in form 'a' prescribed in rule 3 of the m.p. ..... the insurance company had no notice either of the accident or of the claim from the claims tribunal. ..... according to the claimants, the bus which caused the accident was insured with it on the date of accident, in which death of their son mr. ..... ' appended to these rules, to the claims tribunal having jurisdiction over the area in which the accident occurred. ..... motor accidents claims tribunal rules, 1939. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT448
..... on the other hand, rajkumar has stated that as per report in the news paper, this accident had taken place since both the drivers were driving the vehicle at an excessive speed.10. ..... the allegation is that the jeep of irrigation department was also responsible for the accident, since it was being driven rashly and negligently by its driver. ..... consequently, it is not difficult to hold that the drivers of two vehicles were equally responsible for the accident and therefore, they are liable to pay compensation equally.11. ..... true, it may be that the first information report blames the truck driver for the accident, but it was lodged by kashirao, driver of the jeep. ..... the evidence suggests that the accident was result of contributory negligence of both the drivers ..... this appeal is directed against the award dated april 30, 1994, passed by the motor accidents claims tribunal (ii), bilaspur, in claim case no. 47/86.2. ..... it is found that the claimants are wife and sons of the deceased and that the accident took place on 10-4-1983 at 6 p.m. ..... therefore, at the time of accident, guruvachan singh was owner of truck ..... therefore, the conclusion of the tribunal that the driver of the truck committed the accident, is not correct. ..... due to this accident, life of claimants became ..... at the time of accident, he had taken contract of ..... on account of this accident, dasrath died at the ..... the accident took place when it reached near brook band paper mills, while the truck of rajendra prasad shukla, bearing registration no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ235
..... nature specified in sub-section (1) of section 165 may 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 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, as the case may be : provided ..... before, parting with the case we would like to say that the appellant corporation instead of contesting the claim on technical plea of maintainability of joint application and that the accident did not occur with its vehicle, the vehicle was not involved, should have adopted the humane approach, as it is expected from the welfare state corporate bodies that they ..... the law does not prohibit filing of the joint claim for compensation for the death or deaths arising out of same motor accident, by the same legal representatives who are members of the same family, and represent the estate of the deceased person(s), as the joint claim petition arises out ..... xxx(4) xxx xxx xxxa bare reading of sub-section (1) of section 166 shows that an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 can be made by the person who has sustained the injury, in case of injury, or where the death has resulted from the accident, by all or any of the legal representatives of the deceased, or by any agent duly authorised by the person injured, or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ850
..... this right created the consequent liability on the parties responsible for the accident, and upon the insurer to pay the claimant according to the policy of insurance. 12. ..... this is an appeal against the order dated 14.7.1994 passed by additional motor accidents claims tribunal, sohagpur (henceforth 'the claims tribunal') in motor accident claim case no. ..... however, the general principle that law of torts applies to cases of motor accidents has been modified partially to the limited extent of liability given in section 140 of motor vehicles act, 1988, at the time of accident. ..... usual common law principle that a claimant should establish negligence on the part of the owner or driver of the motor vehicle before claiming any compensation for the death or permanent disablement caused on account of a motor vehicle accident. ..... change in the statute, at page 568 as follows:(9) ...it is thus seen that to a limited extent relief has been granted under section 92-a of the act to the legal representatives of the victims who have died on account of motor vehicle accidents. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ77; 2000(3)MPLJ501
..... from the evidence, it is not difficult to conclude that the claimant suffered serious injuries in this accident and had to take treatment in different hospitals for months, due to the injuries, it is obvious that he is not as fit as he had been before he suffered ..... , the decisions rendered under the old act vis-a-vis gratuitous passengers are of no avail while considering the liability of the insurance company in respect of any accident which occurred or would occur after the new act came into force.10. ..... her statement is that she was incapacitated from earning due to this accident and she suffered mental pain and incurred huge expenses towards medical treatment and travelling, ..... , he has suffered on account of these injuries at the time of accident and would continue to suffer for some time in future as well. ..... has been found that the claimant suffered injuries on her person in the accident on account of which she was treated in city hospital by dr. ..... fact remains that the claimant suffered rib fracture in this accident apart from other injuries on her person. ..... states that she suffered injuries in the right leg due to this accident, besides the injuries to chest and waist. ..... mp 24-c-0267, rashly and negligently, which resulted in accident and death of jamuna bai and injuries to 11 ..... respondents resisted the claim and denied that the accident was result of rash and negligent driving. ..... claim petitions were filed before the motor accidents claims tribunal, raipur (for brevity 'm.a.c.t.').3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ1595
..... in view of this judgment and the facts of the present case, i find that claims tribunal has not committed any error in holding that the accident has taken place due to rash and negligent driving of respondent sukkha singh. ..... considering this fact, the finding arrived at by the claims tribunal that the accident has taken place due to rash and negligent driving of sukkha singh cannot be interfered.10 ..... the claims tribunal after recording evidence and appreciating the same found that the accident has taken place due to rash and negligent driving of respondent sukkha singh.8 ..... counsel for the insurance company had tried to demonstrate that the accident has taken place due to rash and negligent driving of the ..... in that case the finding of the court was that accident has taken place due to negligence of the driver but here this is of no ..... it is a well settled principle that in a case of death in accident only two persons can explain the accident, first is the deceased and second is the driver of the offending vehicle ..... such circumstances, it is for the driver of the offending vehicle to step into the witness-box and explain the accident failing which principle of res ipsa loquitur is applicable.9. ..... moreover, when this witness was injured in the accident his presence on the spot cannot be doubted and, therefore, claims tribunal has rightly believed his ..... the claims tribunal found that the accident has occurred due to rash and negligent driving of respondent sukkha, due to which mahendra sharma .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005ACJ1718
..... it is well settled that compensation for personal injury is higher as compared to fatal cases since in former cases compensation is utilised by the victims of accident on themselves and they continue to suffer disability in the rest of the life while in latter cases the amount is available to the dependants. ..... from perusal of evidence there is no doubt about taking place of accident on 4.3.1991 due to rash and negligent driving of jeep no. ..... claimant is not responsible for the accident in which he suffered serious injuries resulting in permanent disability to the extent of 10 per cent. ..... this appeal is directed against the award of motor accidents claims tribunal, shahdol in claim case no. ..... at the time of accident, claimant was being taught scooter driving by his brother, therefore, the accident took place. ..... he must have undergone a great pain and suffering after the accident and during treatment. ..... 73,000 with interest at the rate of 12 per cent per annum holding that the accident took place as alleged. ..... as a result of this accident, claimant suffered crush injury in the right leg with compound fracture. ..... accident took place on 4.3.1991 when b.g. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2007)ACC863; 2008ACJ1318; AIR2007MP179
..... in the case of a person who is disabled on account of the accident or is even otherwise disabled it is imperative that his claim must be prosecuted before the tribunal; for that the tribunal is at liberty to devise appropriate procedure. ..... 42/2004 by the 4th additional motor accident claims tribunal (fast track), khargone, by which the claimant has been awarded a total sum of rs. ..... 11,65,300/- for the injuries sustained by him in a motor accident.2. .....
Tag this Judgment!