Court : Punjab and Haryana
Reported in : AIR1959P& H297
..... the insurers were not impleaded in a litigation between the injured and the assured (vide (1928) 1 k b 191).the consequence of this legal position was that when there was a running down accident the victim had to sue the assured for con-pensation for the tortuous acts of the assured. ..... law like any other contract is an agreement by which one party for consideration furnishes security to the other that he shall not suffer loss or damage by the happening of perils specified m the agreement.in the accident insurance the sum becomes payable to the assured on the happening of any event specified in the contract. ..... insurance company admitted the insurance but pleaded that at the time of the accident the vehicle was being used to carry goods and therefore the company was ..... malik chand admitted that ishwar dass was in his employment at the time of the accident but pleaded that he was not acting within the scope of his employment at that time and further that in any case the injury was not caused by negligent and rash ..... 8 discussed the evidence and held that the vehicle at the time of the accident was being used as a private vehicle and that the company had failed to prove that at that time it was being used as a ..... in fact conceded to be correct at the time when malik chand's application to be transposed as an appellant was being argued.therefore it must be held that the defendants have failed to prove that at the time of the accident the vehicle was net being used as a private passenger vehicle. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H50
..... bank was likely to produce enhanced income, he came to the following conclusions in para 47: 'in my view, the only practicable course for courts to adopt in assessing damages awarded under the fatal accidents acts is to leave out of account the risk of further inflation on the one hand and the high interest rates which reflect the fear of it and capital appreciation of the property and ..... cj 312 (hl), after taking into consideration all the previous decisions, it was held as under by the court of appeal, northern ireland:'thus, the usual method in our courts to arrive at fatal accidents act damages is to settle on the basic annual figure of dependency and then apply a multiplier which affects to take care of the uncertainties and vicissitudes of life, also the fact that ..... under:'the general rule which has always prevailed in regard to the assessment of damages under the fatal accidents acts is well settled, namely, that any benefit accruing to a dependant by reason of the ..... is to be worked out not only on the basis of the salary or earning of the deceased at the time of the accident but also by taking into consideration the entire relevant data regarding the future prospects of increase in the course of the ..... supreme court, as referred to above, it can be safely held to have been settled that in order to determine the quantum of damages in case of fatal accidents, a basic figure indicative of the annual loss to the dependents from the premature death has to be arrived at .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H400
..... of ram prakash deceased also a period of 15 years was fixed 'for the purpose of capitalising the income in view of all the circumstances of the case, though, he was 30 years old at the time of the accident, but, as already noticed, in the other case, the same period was fixed for determining the damages in case of tek chand's wife who was 40 or 42 years old. ..... sobhag wanti, (1960) 62 pun lr 362 : (air 1960 punj 300).there, tek chand's wife, who had died of the accident, was 40 or 42 years old at the time of her death and a period of 15 years was considered to be a fair period ..... 2 was guilty of any rash, and negligent act of driving and it was asserted that the accident was the result of the negligence of the deceased, who suddenly swerved and darted towards his right in a ..... the assertion by the defendant that the car had stopped immediately after the accident was negatived.on this premise, the court came to the conclusion that the defendant was driving the car in ..... any one or more of them jointly or separately, as damages.after considering evidence and the circumstances of the case, the court came to the conclusion that the speed limit at the place of the accident was restricted by law to 15 miles per hour and that in spite at such a restriction, defendant no. ..... on the pleadings, the trial court framed the following issues:-(1) whether the accident, which eventually resulted in the death of shri om dutta, was caused because of the rash and negligent driving of the car by shri devinder .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1985P& H81
..... considered in the totality the circumstances of the case and the evidence on record, the irresistible conclusion is that the accident here must be attributed wholly to the negligence of the driver of the military vehicle, leaving it parked on the main highway without taking any proper precautions for the safety of road users as required by law ..... half being the left side of the road for traffic proceeding towards delhi, as the claimants here were, and further that the accident occurred when the car came and hit into this parked vehicle from behind.5. ..... it was held that it must further be proved that at the time the accident occurred the person driving the vehicle was acting in the discharge of the sovereign functions of the ..... there were four separate claims for compensation put in, in respect of this accident, one being by the parents for the death of their child, the other two by captain h. ..... union of india could not, therefore, escape liability in the present case on the plea that the accident had occurred in the discharge of the sovereign functions of the state.14. ..... , the tribunal, in the absence of any plea or issue to this effect, clearly fell in error in absolving the union of india from liability, on the plea that the accident had occurred in the discharge of the sovereign functions of the state. ..... tribunal also upheld the claim of the union of india for immunity from liability on the plea that the accident had occurred in the exercise of the sovereign functions of the state.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)82PLR249
..... viney mittal, learned counsel for the owner, is that as the insurer suffered a decree in the form of award against itself regarding the accident and also liability in the amount of compensation and did not challenge the same by way of appeal or revision, it is not entitled to any ..... view of the above discussion, the appeals and revision petitions are allowed and the award of the tribunal is modified and it is held that regarding the death of bhan singh in the accident, the owner-appellant and the driver-respondent will be liable to pay compensation to the claimants (legal representatives) to the tune of rs. ..... the evidence of all the eye-witnesses referred to above is to the effect that at the time of the accident the driver of the bus was driving the vehicle at a very high speed and was anxious to overtake the vehicle going ..... to his further version the driver of the bus tried to avert the accident and for this purpose swerved his vehicle to the extreme right side. ..... 409, 410 and 411 of 1972, as they arise out of the same judgment of the motor accidents claims tribunal, rohtak (hereinafter called the tribunal), dated december 30, 1971.2. ..... to the statement of the police investigating officer, at the time of the accident the bus in question was on the wrong side of the road. ..... tribunal came to the conclusion that the driver of the bus in question was guilty of rash and negligent driving which was instrumental in the accident resulting in the death of bhan-singh and injuries to five others. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H392
..... defendants have not shown either that in fact there was no negligence on their part, or that the accident might more probably have happened in a manner which did not connote their negligence. ..... has admitted that the vehicle could not be steered at the place of the accident where there was a bend in the road. ..... the circumstances clearly show that the accident could have been avoided if proper care had been taken before staring the journey from ..... (601) 159 er 665(666), stated the rule in the following words:--'where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management, use proper care, it affords, reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. ..... must either show what was the cause of the accident and as a result of that cause the accident was inevitable. ..... 4 and found that the accident was due to the negligence of the ..... burden of proving inevitable accident is upon the defendants. ..... (16) whether the accident was occasioned in consequence of overloading or as a result of tierod having become defective due to wear and tear, the liability of the defendants in either case is ..... (4) whether the accident, as a result of which om prakash died, occurred as a result of the negligence of the ..... (11) the accident in question in my view is not due to a latent defect which could be said not to be discoverable by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H223; [1986]59CompCas946(P& H)
..... distinguished the decisions that had been pressed upon him for holding that the owner would not be liable for the act of the third person who at the time of the accident was made to drive the vehicle by driver who had either been expressly or impliedly instructed not to do so. ..... by an endorsement to the policy the insurance company had insured the liability regarding the accidents to passengers in the following terms: in consideration of the payment of en additional premium it is hereby understood end agreed that the company undertakes to pay compensation on the scale provided below for bodily injury as hereinafter ..... by the high court of karnataka that it was a case of sheer accident and the claimants had failed to establish that the accident had taken place on account of the rash and negligent driving by the ..... singh, 1969 acc cj 444 (delhi), all holding the liable for accidents caused by cleaners who were entrusted with the driving by the drivers of ..... but it is equally well settled that if the servant, at the time of the accident, is not acting within the course of his employment but is doing something for himself the master is not liable'.in that case it was held that the course of employment was the business of ..... of all liability on two grounds; (i) that the original owner of the vehicle had transferred the vehicle and the insurance policy had lapsed, and (ii) that the vehicle at the time of the accident was driven by a person who was not in possession of a driving license.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1995ACJ710; (1994)108PLR104
..... i am further of the view that once beni prasad had stepped into the witness box and admitted the factum of the accident and having given the name of the insurance company, the tribunal should have impleaded the owner and the insurance company even if request in this direction was made at a late ..... has also been made to his statement wherein he stated that some accident did take place and that jaswant singh was its driver. ..... he further stated that he reported the matter of accident to the police on 16th november, 1981 and that mark 'a' was copy of the ..... tribunal also observed that beni parasad, rw 2 had stated that the truck in question belonged to him- and that on the date of the accident it was being driven by one jaswant singh. ..... it was further held that the accident did not take place due to the rash and negligent driving of the truck in ..... view of the statement of the claimant, it will not be safe to hold that no accident took place particlarly when beni prasad while appearing as rw2 did admit that accident took place. ..... to 60/- per day from the temple donation and that on account of the accident his income had lessened. ..... appeal has been filed by the appellant against the award of the motor accident claims tribunal, faridabad, dated 143.1984, dismissing the application under section 110-a of the motor vehicles act the appellant averred in the application that he was sitting on the pillon of the motor-cycle which was being driven by ram murat yadav when he met with an accident with truck no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1986]59CompCas216(P& H)
..... of 1979 and the cross-objections filed therein by the owners of the offending truck ; and 236 of 1979 as they arise out of an award of the motor accidents claims tribunal, patiala (hereinafter called ' the tribunal '), dated november 30, 1978, as well as civil miscellaneous applications nos. ..... made therein nor did it take any specific plea to the effect that jarnail singh, the driver of the offending truck, did not have a valid driving licence at the time of the accident in its written statement, in the facts and circumstances of this case, it is not necessary to remand the case. ..... compensation for the injuries sustained by him in the accident whereas the heirs of jaswant singh (deceased), i.e ..... it may be so in an ordinary case but in an accident case, if the insurance company is taking any such plea, in view of the provisions of section 96 of the act, then in that situation, it is for the insurance company to plead and ..... 1, it was concluded that the accident had taken place due to the negligence of jarnail singh, the driver of ..... , respondent, had a valid driving licence on the date of the accident if not, to what effect ?3. ..... whether the accident arose out of the negligence of jarnail singh in the course of employment under respondent, joginder singh, and mohan lal, owners ..... controversy between the parties is whether there was any plea taken by it in its written statement that jarnail singh, the driver of the offending vehicle, had no valid driving licence at the time of the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1989)ACC313; [1990]68CompCas371(P& H)
..... place in such circumstances as to render it practically impossible for any one to speak to its happening just like in a case of an accident on a highway where there are no witnesses or where persons who could speak to the occurrence are not available for whatever reason. ..... page 1739) :'where the maxim is applied, the burden is on the defendant to show either that in fact he was not negligent or that the accident might more probably have happened in a manner which did not connote negligence on his part.'12. ..... observed thus (at page 1739 of air) :'the normal rule is that it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. ..... subject to the limits of liability, the company will indemnify the insured in the event of accident caused by or arising out of the use of the motor cycle against all sums including claimant's costs and expenses which the insured shall become legally liable to pay in respect of ; (a) death of, ..... aw-2, gurdial singh, and aw-1, ramji lal, are not eye witnesses of the occurrence and if their evidence is ignored, there is no other evidence to record a finding that the accident has taken place as a result of rash and negligent driving of the motor cycle by appellant no. .....
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