Court : Punjab and Haryana
Reported in : I(2001)ACC105; 2001ACJ416; (2000)125PLR843
..... shall not with standing anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such ..... is further contended that the alleged incident was not a train accident within the meaning of section 124/124a of the railway act. ..... the case of the respondents is that rajinder kumar met with an accident while travelling in inter city train which was on its way to rohtak-jind from delhi-bahadurgarh on 22.9.96 to 3.13 ..... extent of liability:- when in the course of working a railway, an accident occurs, being either a collision between trains of which one train is a train ..... as issue no.2 is concerned, the question is whether the accident falls within the purview ofsection 124 or 124a'of the act. ..... the deceased received fatal injuries because of the accident and hence a petition was filed for compensation ..... passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitled a passenger who has been ..... it is contended that the alleged accident was self invited one and the deceased died due to his own .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H506
..... this objection was overruled by the tribunal on the short ground that the state government had amended motor accident claims tribunal rules, 1964 (hereinafter referred to as the rules), whereby in rule 20 of these rules, order 21 of the code of civil procedure had been added. ..... this appeal is directed against the order of the motor accidents claims tribunal awarding certain amount against the driver of the motor-cycle in an award made under section 110-b of the motor vehicles act (act no. ..... it was a summary remedy provided in the case of an accident; and if effect is not given to rule 20, as amended, it will really defeat the obiect of section 110-e. ..... an application was made by the person who was injured in the accident to recover the amount allowed to him under the award before the motor accidents claims tribunal, kapurthala. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1997)ACC435; 1997ACJ383; (1996)114PLR389
..... length of the haryana bus also indicated that haryana bus was moving slow and from the site plan prepared by him, it is evident that both the buses came in between the road at the time of accident and as both the buses were being driven at a very fast speed because of the great impact, punjab bus turned turtle towards it left side of kacha portion of the road, while, haryana bus was ..... of 1985 contended that the claims tribunal has failed to award any amount to prithi pal singh, though this fact is duly proved on record that in this accident, his minor son died and his wife amrit kaur sustained severe injuries and still her face is disfigured. ..... doubt, the loss of human life cannot be compensated by money, but at the same time, this fact should not be lost sight of that if in a vehicular accident, minor-son dies, parents suffer a lot on account of his death not only physically but also mentally. ..... state also controverted all these pleas of the claimants and contended that this accident took place because the haryana bus had gone to the wrong side. ..... kaur appellant qua respondents are being decided together as they arise out of a common judgment delivered by the claims tribunal, karnal as the claimants sustained injuries and lost their relatives in the accident which took place on 5.9.1982 near madhuban between punjab roadways bus bearing no. ..... evidence on record, the lower court came to the conclusion that this accident took place because of rash and negligent driving of both the drivers. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1993)ACC696; 1994ACJ274; (1993)104PLR515
..... this view of the matter, i am in complete agreement with the finding recorded by the tribunal holding that the accident has been caused due to rash and negligent driving of the truck driver.issues no. ..... near bus stop of sham garh on ambala side in this unfortunate accident inderjit ohri and tarsem lal singla, occupants of the car were killed. ..... pw-4 ram krishan, sub-inspector has stated that after the accident the truck dragged the car towards the side of delhi. ..... the tribunal on consideration of evidence on record came to the conclusion that accident bad taken place due to rash and negligent driving of the driver of truck ..... it is also deposed that baldev singh, driver after the accident left the spot and came after sometime with the owner of the truck ..... -company is directed to deposit the compensation amount with the motor accident claims tribunal, karnal, within a period of three months. ..... -company is directed to deposit the compensation amount with the motor accident claims tribunal, karnal, within three months.8. ..... , deceased was employed at the time of the accident as under secretary in punjab state electricity board. ..... no evidence on the record that at the time of accident the truck was on the kucha path. ..... learned senior counsel for the respondents strongly contended by relying upon the site plan and the photographs that at the time of the accident the truck was en the kacha pavement. ..... site plan pc shows that the accident took place towards the left side of the load if one goes from delhi .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2002ACJ1214
..... , his wife amarjit kaur, karamjit singh and her father nichhattar singh and her sons namely rachhpal singh and harpinder singh was travelling in the offending vehicle from delhi to chandigarh on the day of accident and shiv ram was the driver of the vehicle, who was driving the vehicle at a very fast speed in the middle of the road and when the vehicle reached near village saha, the ..... as against this, the learned counsel for the respondent-insurance company submitted that it is not proved on the record that the accident had taken place due to rash and negligent driving on the part of shiv ram driver and in this view of the matter the insurance company is not liable to pay any ..... has been argued by the learned counsel for the insurance company that even if it is proved that the accident was caused due to rash and negligent driving on the part of the driver of the vehicle no. ..... parties led evidence in support of their respective cases and on conclusion of the proceedings, the learned tribunal dismissed the claim petitions by holding that the claimants have failed to prove that the accident was caused due to rash and negligent driving on the part of driver of the vehicle. ..... from any angle, i am of the view that the claimants have failed to prove that the accident was caused due to rash and negligent driving on the part of driver of vehicle no. ..... the cross-examination she has deposed that she informed the police after the accident and that police reached the spot before they left for hospital. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1991ACJ324
..... the testimony of both pw 6 rattan singh and pw 9 surat singh rathi that the scooter was on its correct side of the road and that the accident occurred when the bus being driven at a fast speed went on to the wrong side of the road and hit against it.6. ..... the bus driver and the general manager, haryana roadways, on the other hand, attributed the entire blame of the accident to sudesh kumar and his companion harinder singh as was their version that when the bus reached near the vaterinary hospital, the scooter was coming from the opposite direction being driven ..... for compensation put forth by the widow and minor son of sudesh kumar deceased has been declined by the tribunal holding that the accident had been caused mainly due to the rash and negligent driving of the scooter and not the bus. ..... it was on the statement of pw 6 rattan singh that the first information report relating to this accident came to be recorded by the police, in pursuance of which a criminal case was registered against the bus driver and he was later arrested ..... the evidence on record with a view to determine the manner in which the accident occurred, it would be pertinent to bear in mind that admittedly at the place of accident, the road was as wide as 100 feet. ..... in a case like the present where an accident occurs between two vehicles approaching each other from opposite directions and there is ample space and opportunity for them to pass without harm to each other, it cannot but give rise to an assumption of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1993)ACC596; 1995ACJ1281; (1993)104PLR504
..... had qualified mbbs and was to adopt the profession of a doctor but as a result of accident the respondent has been deprived of the opportunity to engage herself in the medical profession. ..... tribunal vide judgment/award dated 7th december, 1984 came to the conclusion that the accident resulted on account of the rash and negligent driving of the truck-driver. ..... 800/-, pw-9 rajinder singh, father of the claimant miss maneet marunder, appeared in the witness box and deposed that she has qualified her mbbs in january 1981 and at the time of accident, she was doing her internship in government medical college, patiala. ..... the tribunal has rightly come to the conclusion that the accident was caused by rash and negligent driving of the truck ..... it is in the evidence of pw-6 ram kishan sub inspector that after the accident, the truck had dragged the car towards delhi. ..... kumari maneet maunder qualified mbbs doctor, at the time of accident, was working in the government medical college, patiala and was getting a stipend of ..... also challenged the correctness of the evidence of pw-7 ram sarup but i am afraid ram sarup is a lambardar of the village who had seen the accident and is not in any way interested in the claimant. ..... mohan suri also argued that the driver of the car was negligent and the accident has been caused due to contributory negligence. ..... tribunal considered the evidence of pw-7, ram sarup lambardar of the village, shamgarh, who has seen the accident, and pw-6 ram krishan, sub inspector.3. mr. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1990)ACC636; 1990ACJ1090
..... the tribunal based its decision while coming to the conclusion that the car was also involved in the accident relying upon the statement of jagjit kaur, pw 1 and inaction on the part of the occupants of the car which included two doctors to give medical aid to the injured on the spot and ..... produced by the claimants, as already noticed above, the evidence of baldev singh, pw 3 and swaran singh, pw 4 as well as jagjit kaur, pw 1, cannot be accepted that the car was involved in the accident; that the death of daljit singh occurred on account of injuries caused by rash and negligent driving of the car. ..... the other question for determination in this case is as to whether the car was involved in the accident and to grant fixed compensation as required under section 92-aof the old act without proof of rashness or negligent driving of the car ultimately resulting in causing ..... it is important to determine as to whether the car was in fact involved in the accident or not although, as stated above, the evidence produced by the claimants clearly indicated that the car was not at all involved in the accident as the injuries found on the deceased could not be suffered by running over by a wheel ..... --(1) where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ1667; (2007)4PLR142
..... from the factual position noticed here-in-above, it is relevant to mention that under the scheme incorporated under the motor vehicles act relating to the enquiries by the motor accident claims tribunal, the proceedings are summary in nature and strict rules of evidence are not applicable. ..... company denied the allegations in a routine manner and also disputed its liability on the plea that the driver of the vehicle was not having a valid driving licence at the time of the accident nor the vehicle was having a valid route permit and fitness certificate. ..... this is claimant's appeal against the award dated 17.5.1995 passed by the motor accident claims tribunal, jalandhar whereby the claim petition filed by the claimant has been dismissed claimant, appellant herein, filed a claim petition (mact ..... particularly, when the driver of the offending vehicle himself admitted accident, though, denied his act of driving the vehicle in a rash and negligent ..... of the driver and owner regarding the involvement of the vehicle in the accident at the place specified in the claim petition and stated by the claimant during his examination and the injuries sustained by the claimant are sufficient to establish that the claimant sustained injuries in the accident caused by the offending tanker driven by respondent no. 1. ..... and 2, opinion of the tribunal that there is no material on record to link the injuries sustained by the claimant to the accident involving offending vehicle is nothing, but a perverse finding. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR748
..... the claims tribunal held that the claimants have failed to prove that the accident has occurred as a result of rash and negligent driving of either of these two buses. ..... it was not disputed that buta singh died in this accident, but the manner of accident could not be proved by the claimants as at the time of accident they were not travelling in the said bus. ..... this is an appeal against the award dated october 4, 1993, of the motor accidents claims tribunals, whereby the claimants' claim for awarding compensation on account of death of buta singh is dismissed.2. ..... under section 140 of the act, the owner/owners of the vehicle involved in the accident are liable to pay compensation on account of 'no fault liability' to the claimants. ..... 11 of 1991 before the motor accidents claims tribunal, patiala, alleging that buta singh was discharging the duty of conductor on bus no.hr-07-2815 on june 8, 1991, which was being driven by gurdev singh respondent no.3. ..... about the accident only respondent-gurdev singh examined himself. ..... as a result of this accident, 15 passengers including the conductor died on the spot and few others sustained injuries. ..... , the claimant-appellants' learned counsel made a prayer that an opportunity be given to the claimant-appellants to adduce evidence, to prove the rash and negligent act of any driver of the two buses, which resulted in the fateful accident. .....
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