Court : Punjab and Haryana
Reported in : 1998ACJ493; (1997)117PLR294
..... 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 dead 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 that where ..... 110-a of the act authorises all or any of the legal representatives of the deceased to make an application for the compensation before the claim tribunal for the death of the deceased on account of a motor vehicle accident and clause (c) of that sub-section authorises any agent duly authorised by all or any of the legal representatives of the deceased to make it,'16. ..... the state of punjab in exercise of its powers vested in it by virtue of section 176 of the act has framed the punjab motor accidents claims tribunal, rules, 1964 - under rule 2(c) of these rules, it has been stated that the term 'legal representative' shall have the same meaning as assigned to it under the ..... , learned counsel for the petitioner as well as for the state submit that under the fatal accident act, 'the parents' of the deceased which will naturally include the father, who is not a class i heir, can maintain a petition for compensation as section 166 of the motor vehicles act read with section 1-a of the fatal accidents act enlarges the scope of the legal representatives, who can file a petition. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1989)ACC17
..... the version of the respondents, on the other hand, was that the accident occurred when the claimant suddenly tried to cross the road from the right side of the bus and on seeing him, the bus-driver tried to avoid the accident by blowing the horn and applying brakes, but as the distance between the cyclist and bus was very short, the accident took place due to the negligence of the cyclist.4. ..... taking an over-all view of the circumstances and the manner in which the accident occurred, both the bus-driver as also the claimant must be held to be equally to blame for the accident and negligence must thus attributed to them accordingly.10. ..... as mentioned earlier, on' account of the injuries sustained by him, in this accident, his right leg had to be amputated from above the knee and he also had fractures in his left leg ..... a reading of the evidence regarding the manner in which the accident occurred would show that neither the claimant nor the bus-driver complied with regulations 6 and 7 of the xth schedule of the motor vehicles act while entering the crossing inasmuch as, they did not ..... singh stretched to a distance of 60 to 65 feet, which is clearly indicative of the fast speed at which the bus was travelling when the accident occurred. ..... other hand, deposed that ram singh was in the process of crossing the road when the bus struck against him, but then again said that he had just crossed the road when the accident occurred. ..... this accident occurred at a crossing in hoshiarpur at about 9-30 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR78
..... to make it absolutely clear that in all cases in which compensation is awarded for injury caused in a motor accident, whether by way of adjudication or agreement between the parties, the court/tribunal must apply these guidelines. ..... as under :'before we part, we must observe that even though the guidelines laid down in muljibhai's case have been approved and applied by this court in the aforementioned two cases, many motor accident claims tribunals and even some of the high courts in other parts of the country do not follow. ..... it is regrettable that despite the clear guidelines laid down by the apex court, the motor accident claims tribunal has not given due regard to the same and it has in a way failed to follow the directions given by ..... sure that the courts/tribunals will realise their duty towards the victims of the accident so that a large part of the compensation amount is not lost to them ..... feeling aggrieved by the award dated 27.1.1994 passed by the motor accident claims tribunal, yamunanagar at jagadhari, whereby the tribunal had partly accepted the claim of the appellant and awarded ..... any other loss caused as a direct result of the accident.the tribunal should also have considered the prospects of rise in income and the effect of fall in the ..... a copy of this order be circulated among motor accident claims tribunals in the state of punjab and haryana and the union territory of chandigarh so that the learned presiding officer may strictly follow the guidelines laid down by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)124PLR526
..... taking into view the fact that it would have taken sometimes before he could completely recover from the after effects of the accident as also the fact that he had not brought on record any voucher or bill to prove the amount that according to him had been spent on his treatment, the court below allowed compensation ..... the broad principle well recognised by judicial precedents regarding the assessment of compensation by the tribunals for the injuries received in accident requires the tribunal to award such sum of money which would place claimant in the same position as he would have been had he not sustained ..... on this account that no fir was even lodged in the case against the driver as the accident had taken place on account of a mechanical defect which was beyond the control of the driver.4 ..... with the subject of fixing amount of compensation payable to a victim of an accident held that damages have to be assessed separately as pecuniary damages and special damages. ..... and 1080 of 1989 which have been filed by s/shri raj kumar, jatinder kumar and bhagwan dass respectively for enhancement of the compensation awarded to them through award dated 16.5.1989 by the motor accident claims tribunal, rohtak, in the separate claim petitions filed by them.2. ..... in the written reply the respondents denied that the accident had taken place on account of rash and negligent driving ..... involved similar questions of law and facts and pertain to the same accident these were consolidated and tried together. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1994)ACC632
..... quantum of compensation on the basis of the dependency was determined and the multiplier utilised was perfectly justified as the claimants were more than 50 years old at the time when the accident took place and that in any eventuality, the learned single judge was right in holding that as the appellant had succeeded to the property of the deceased rajinder singh which was fairly substantial, ..... for the appellants, that the case was not one of contributory negligence and the accident had taken place exclusively due to the rash and negligent driving of the bus ..... we have ourselves perused the evidence and seen the photographs of the accident, which clearly indicate that it was a head-on collision in the middle of the road with neither the bus nor the car ..... the facts of the case are given hereunder:on 3rd december, 1974, an accident between a bus belonging to the respondent and an ambassador car took place in which occupants of the car, rajinder singh, aged 27 years, his wife ravinder kaur, aged 20 years and their ..... these financial benefits are in essence the deferred earning of the victim of the accident or the result of his savings, his thrift or foresight. ..... the motor accidents claims tribunal held the accident to be a case of contributory negligence with the bus driver as also the car driver ..... acj 203 (p&h;), it was observed thus:again one must recall the well-known principle of the assessment of damages generally and equally for the dependants of the victim of an automobile accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : III(2004)ACC944; 2005ACJ813; (2004)137PLR557
..... 1 and 2, driver and owner of the offending vehicle, respectively, denied the occurrence of the accident in question, yet the prosecution has successfully proved that the accident had occurred due to the rash and negligent driving of the truck in question by its driver. ..... challenge in this appeal is to the award dated 4.12.1991 passed by the motor accident claims tribunal, faridabad (for short the tribunal) vide which compensation to the tune of rs. ..... corroboration from the version of pw5 rajinder constable, who stated that the offending vehicle was available at the spot and its number was hrw-2996 and photographs exhibits pb to pf depicted the scene of the accident as well as the dead body shown in the photographs. ..... consequently, it is held that the accident had occurred owing to the rash and negligent driving of the truck by its driver om parkash sharma, respondent no. 1.7. ..... 1, driver of the truck, responsible for causing the fatal accident and awarded rs. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1985)ACC463; AIR1985P& H177
..... the bus-driver, on the other hand, was categoric in saying that the accident occurred, when the deceased came there running all of a sudden and struck against the right side of the ..... however, he enters upon the road in such manner that an accident with him is rendered unavoidable, he cannot stand absolved from blame merely on the ground that the accident had taken place in the centre of the road. ..... the evidence led did not show that the accident was of such a nature that the driver of the offending vehicle could not have avoided ..... the contention raised being that as the accident had taken place in the centre of the road, this was evidence by itself of the fault being wholly that of the ..... with this aspect of the case, it would be pertinent to note that all the three eye-witnesses to the occurrence deposed that their attention was diverted to the deceased only when the accident took place and not earlier. ..... the road where the accident took place is one of the busiest in chandigarh with buses coming on this road for entering into the bus stand every ..... this light, the bus-driver, cannot in the present case, be held to have been wholly to blame for the accident here.7. ..... on record also shows that the bus stopped at a distance of 40 to 50 feet from the place where the accident occurred.3. ..... the accident took place at night time and in the centre of ..... words, this was a case of a pedestrian suddenly coming in front of a bus leaving no time or opportunity to the bus-driver to avoid the accident.8. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1985P& H279
..... on the finding that the truck had been deputed to fetch arms from the railway station at ambala and was returning with these arms when the accident occurred, the tribunal proceeded to hold that the truck was engaged in the performance of the sovereign functions of the sate when this unfortunate mishap occurred and the claimants could not ..... even otherwise, considering the fact that surjan singh had also sustained injuries in this accident and that this statement had been recorded without any opinion of the doctor being obtained, on whether or not surjan singh was fit to make a statement, it would clearly not be safe to place ..... the case set up by the respondent, truck-driver, on the other hand, was that the accident occurred when the motor-cycle was trying to overtake the truck ahead while the police truck was ..... all these factors thus lead to the irresistible conclusion that the accident occurred entirely due to the rash and negligent driving of the police truck by its driver naib ..... be lost sight of here is also the fact that after the accident, the motor-cycle was seen lying in the middle of the road ..... indo-tibetan border police who deposed that on receipt of a telephonic message regarding the accident, he went to the hospital and there he recorded the statement exhibit r. w ..... was on his way to ambala sitting on the pillion seat of the motor-cycle hre-3193, driven by respondent-surjan singh, when it was involved in an accident with the police truck coming from the opposite direction. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H20
..... suri has raised two arguments firstly that the findings of the tribunal as well as of the learned single judge that the accident took place on account of negligence of the driver of the car is erroneous and, secondly, that the amount of compensation awarded on account of expenditure on transport, i. e., rs. ..... the learned single judge has dealt with in detail the evidence and come to the conclusion that the accident, took place on account of the negligence of the driver of the car. ..... the interest theory has, however, been discarded for determining the compensation awarded to the legal representatives of a deceased dying in an accident by a full bench of this high court vanguard insurance co. ..... they inter alia pleaded that the accident took place on account of rash and negligent driving qt the motorcycle by the claimant and, therefore, he was not entitled to any compensation.4. ..... the motor accident claims tribunal, held that the accident took place due to negligence of the driver of the car and that the claimant was entitled to rs. ..... it is alleged that the accident took place because of. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(2002)ACC325; I(2003)ACC561; 2002ACJ1752
..... deepak grover, who had appeared as rw2 and deposed that the deceased himself was driving the vehicle at the time of accident and he had recorded statement of sarpanch of village habri and is on record as ex.r.5 and ex.r.6 and report of shri s.k. ..... this appeal is filed by the insurance company, challenging the award of the motor accident claims tribunal, kaithal which awarded the compensation to the respondent-claimants and the appellant was also made liable to pay the amount. 2. ..... however, their plea was that the accident had taken place by chance due to natural wear and tear and steering of the tractor became free suddenly and inspite of best efforts on the part of respondent no.6, the accident could not be avoided. ..... in view of the above reasons, we do not find that the tribunal has come to a wrong conclusion regarding the tractor being driven by respondent no.6, mahi pal, at the time of accident, in a rash and negligent manner. 10. ..... because of the injuries received in the accident by krishan lal, he died. 4. ..... he has further, stated in the cross-examination that he never saw the deceased krishan lal driving the tractor at the time of accident. 8. ..... however, he has also stated that it is incorrect that he did not witness the accident. ..... the appellant had filed a separate statement by taking a plea that the tractor was not being driven by respondent no.6, at the time of accident. 5. ..... the driver and the owner of the tractor had filed the written statement admitting the factun of accident. .....
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