Judgment Search Results Home > Cases Phrase: accident Court: patna Page 20 of about 3,579 results (0.026 seconds)

Ranju Devi and anr. Vs. Uttam Kumar Gadia and ors.

Court : Patna

..... case, however, the learned tribunal rejected the appellants' claim even before the trial was taken up and before the appellants could lead evidence to show and establish that the accident was caused due to the rash and negligent driving of the bus driver and for this reason alone i find that the order coming under appeal is illegal and unsustainable ..... provides.every application under sub-section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred and shall be in such a form and shall contain such particulars as may be prescribed.the motor accident claims tribunal rules, 1963 were framed by the state government under the powers vested by virtue of the section 11 of ..... act provided as follows: every application under sub-section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred and shall be in such a form and shall contain such particulars as may be prescribed.rule 3 of the bihar motor vehicles accident claims tribunal rules, 1961 deals with the applications to be made under section 110 of the act and provided as follows: 3: applications. ..... the law stands settled on the point that the liability of the owner of the motor vehicle to compensate the victim in an accident would arise only on proof that the accident was caused due to any rash and negligent act of the driver and unless the negligence or rashness of the driver is proved, the question of payment of an compensation would .....

Lic of India and Another Vs. Manju Devi

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

..... the learned lawyer appearing on behalf of the appellant submitted that double accident benefit is the privilege attached to the policy and is payable upon subjective satisfaction of ..... complainant made a delay in submission of the required documents relating to the accident and death of the life assured and upon receipt of the documents, the ..... there is no affidavit of local persons who had seen the accident and none of the local witnesses has supported the contention of ..... the police after investigation submitted final form mentioning that accident was due to negligent and rash driving of the ..... as per terms of clause 10 of the policy bond, double accident benefit claim is not payable where the death was caused due to an illegal act committed by ..... for decision is whether repudiation of the claim of double accident benefit claim of the complainant by the l.i.c. ..... did not pay the double accident benefit claim in spite of ..... one lac as under double accident benefit scheme to the complainant along with 9% interest from the date she submitted the claim papers till the date of payment within three months from the date ..... this part of the claim of double accident benefit on the basis of the f.i.r ..... , he died in the bus accident of which he was himself ..... is a bus driver and in accident he died, as such, he is entitled for double accident benefit. ..... assured was charged with rash and negligent driving, therefore it was an illegal act and he was not entitled for the benefit under the double accident benefit scheme. .....

Ashok Prasad Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Patna

Reported in : (2008)1STJ210NULL

..... it also related to insubordination so much so the applicant was charged with refusing to comply the order of the superior officer in seizure of logs and the truck which had met with an accident, and about creating documents by extending the period of permit, to further facilitate safe transportation of the logs.15. ..... of saal logs were loaded on the truck but the truck met with an accident in the way at which time b.prasad, assistant and two other forest officials were also present. .....

Azad Builders (Ccl) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD118(Pat.)

..... as it is not known as to for how much actually the assessee sold the vehicle but, considering the peculiar nature of the facts constituting the faltered stand of the assessee about the involvement of the vehicle in an accident, its getting defective and consuming more gasoline in which the assessee miserably failed, there is no legal go-by excepting making an estimate, which on the facts and in the circumstances of the case by disallowing the loss in a sum ..... on the legal front, it may be pointed out that this 'get out situation' cannot be accepted as the involvement of the vehicle in an accident, it becoming defective and consequently giving low mileage impelling the assessee to get rid of the car constitute a special fact which being if not within the exclusive but special knowledge of the assessee ought to ..... the pith and substance of the matter manifestly is that the onus of proving the involvement of the vehicle in an accident, so that it commanded a lesser price was not discharged by the assessee even minimally or in a prima facie manner ..... such a situation would produce either of the two results; one that the assessee sold the accidented car, as is where is, and secondly, that it was sold after securing the requisite repairs to ..... it that either on facts or in law a bald assertion of an assessee such as about the misfortune of involvement of his vehicle in an accident has to be neatly gulped or the same to carry conviction is required to be tested on the alter of truthfulness. .....

Oriental Insurance Co. Ltd. Vs. Chandra Kala Devi and ors.

Court : Patna

..... in this background the facts of the instant case are required to be seen.one pradeep kumar rawat having died in a bus accident, his heirs filed the claim case for compensation of rs. ..... they further denied the very factum of accident caused by bus no. .....

Banju Devi and anr. Vs. Uttam Kumar Gadia and ors.

Court : Patna

..... in this case, however, the learned tribunal rejected the appellants' claim even before the trial was taken up and before the appellants could lead evidence to show and establish that the accident was caused due to the rash and negligent driving of the bus driver and for this reason alone i find that the order coming under appeal is illegal and unsustainable in the ..... the law stands settled on the point that the liability of the owner of the motor vehicle to compensate the victim in an accident would arise only on proof that the accident was caused due to any rash and negligent act of the ' driver and unless the negligence or rashness of the driver is proved, the question of payment of any compensation would not arise ( ..... section provides: 'every application under sub-section (i) shall be made to the claims tribunals having jurisdiction over the area in which the accident, occurred and shall be in such a form and shall contain such particulars as may be prescribed. ..... that sub-section (2) of section 110a of the act provided as follows: 'every application under sub-section (1) shall be made to the claims tribunal havingjurisdiction over the area in which the accident occurred and shall be in such a form, and shall contain such particulars as may be prescribed. ..... be argue that in the absence of any pleading in the claim application the applicant must be precluded from leading any evidence in support of the case that the accident was caused due to the rashness and negligence of the driver. .....

Manir Ahmad Vs. the State of Bihar and ors.

Court : Patna

..... the truck had probably met with an accident. .....

Anita Devi and ors. Vs. Jai Narayan Kumar Singh and ors.

Court : Patna

..... argued that before the court below, insurance company had taken the plea that neither the appellants nor the owner of the vehicle brought any material on record to show that at the time of the accident, the driver who was driving the vehicle, was holding proper licence and if the owner of the vehicle, in breach of conditions of insurance policy, knowingly allowed a person to drive the vehicle ..... fact appellants are not liable to any compensation because the court below has already held that at the time of accident, deceased was sleeping by the side of a road and he himself invited the accident but taking a lenient view, the court below has granted a sum of rs. ..... the court below held deceased equally responsible for his death in the accident because at the time of accident, he was sleeping by the side of the road but still observing, that the deceased died in accident by a vehicle which was insured with respondent no. ..... given its finding that from the description of materials on record, it came to light that deceased had invited the accident by sleeping by the side of road but it granted compensation simply on the ground that death of the deceased occurred in the accident by the truck. ..... considering the evidence on record, the court below held that it is not true that the accident took place only because of rash and negligent driving of the vehicle and because deceased at the time of accident was sleeping on a cot by encroaching the road, he was equally responsible for the accident. .....

Babuchand Paswan and anr. Vs. Kamalesh Kumar Singh and ors.

Court : Patna

..... witnesses examined in court said that the offending vehicle was in a high speed, but none of the witnesses had been able to say as to what was the width of the road on the accident site, so that the two vehicles passing in opposite direction would keep sufficient distance from each other in order to avoid coming into contact with each other. ..... of the tribunal, this appeal has been preferred and it was submitted by the appellant's lawyer that in a motor vehicle accident case, negligence on the part of the victim is normally not the principle on which the claim case is founded. ..... negligence was not the basis for awarding a compensation amount to the victim of a motor vehicle accident, there was no necessity to provide for section 166 under the aforesaid act for any further ..... opinion that the provisions of the motor vehicles act have not mandated that driver of the vehicle which causes the alleged accident is or would be responsible for any accident if he applied all possible care and caution in driving his vehicle and if the accident occurs on account of the negligence of the victim. ..... there were contradictory statements of the eyewitnesses regarding the manner of the accident and as to at what point of time the deceased received injury ..... so, from the aforesaid circumstances, it further follows that the alleged accident took place because the deceased projected his head outside the window of the bus in which he was travelling just to spit and received the injury upon his head from the .....

Bihar State Road Transport Corporation Vs. P. Sarvanam

Court : Patna

..... for non-joinder of parties; that due to the cantonment area the driver was driving the bus slowly and was blowing horn regularly but due to carelessness and negligence the applicant allowed the accident to take place; that the amount of compensation claimed is highly exaggerated and could not be allowed when column no. 21 of the claim petition does not disclose the expenses incurred over the ..... it is clear that the tribunal had proceeded to take into account the admitted facts, namely, about the taking of the accident at the place in question, by the bus in question and by the driver opw 1; that due to the said accident the applicant had sustained serious injuries on his person; and that he became disabled and was removed from service ..... to the second question, the tribunal took into account the following admitted facts:(i) the accident at the relevant time and place was caused by the bus in question, which was being driven by the driver surajdeo singh; and(ii) due to the said accident the applicant had sustained injuries on his person, became disabled and was removed from ..... . the tribunal considered the case put forward by the appellant that the accident took place due to the careless act of the applicant himself and in this regard considered the evidence of the applicant observing that he has fully supported his stand and noted ..... account the fact of the enquiry by the military department and came to the conclusion that the accident took place due to rash and negligent act of the driver .....