Court : Punjab and Haryana
Reported in : 2006ACJ761; (2005)140PLR295
..... at page 511, statement of rajesh pw-9 has been recorded wherein he has stated that before the accident he had established his independent business styled as 'rajesh traders, smalkha' which has to be closed and his income from the aforementioned business had been ..... is no challenge to the findings recorded by the mact to the effect that the accident took place on 15.8.1987 solely due to the rash and negligent driving of truck no ..... injured claimant-appellant has approached this court by filing the instant appeal under section 173 of the motor vehicles act, 1939 (for brevity, 'the act') for enhancement of compensation awarded by the motor accident claims tribunal, panipat (for brevity, 'the mact') in its award dated 15.9.1990. ..... it is appropriate to mention that after the accident, the injured claimant-appellant was taken to civil hospital, ..... ) involving the accident caused by demonstrating fire which engulfed the vip pandal at the tisco factory premises when the birth anniversary of sir jamshedji tata was ..... that the impugned award passed by the mact suffers from patent illegality as it has awarded very meagre amount to the injured claimant-appellant who was a young man of 21 years on the date of accident i.e. ..... counsel has also argued that nothing has been awarded with regard to future prospectus, special diet as the injured claimant-appellant was merely 21 years of age at the time of accident. ..... that the injured claimant-appellant had suffered serious injuries in the aforementioned accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1969]39CompCas682(P& H)
..... he admitted in cross-examination that it was on hearing the noise he looked behind and saw the effects of the accident arid did not see the truck actually striking the culvert and the neem tree, abhe ram whose fields are close to the spot corroborated the statement of the above ..... the learned counsel for des raj, appellant, urged that the accident was not caused due to any negligence on the part of the driver of the truck and that the amount of compensation had been assessed on the high ..... the tribunal was thus right in observing as it did that the accident was caused due to the negligence of the driver of the truck ..... des raj pleaded that the accident was not caused by any negligent act of his driver, kulwant rai, who tried his best to avoid the accident but due to sudden dazzling light of the car approaching from the opposite side he lost control of the vehicle resulting in the unfortunate ..... the manner in which the accident occurred speaks for itself and goes a long way in supporting the tribunal's ..... the description of the accident as given by them left no doubt in my mind that the driver of the truck was negligent in the performance of his ..... responsible for the accident and further held that the insurers in terms of the insurance policy and section 96 of the act were responsible for payment of compensation which he assessed at ..... whether the accident was due to the negligence of the driver (pnf-5509) on 10-11- ..... the accident is said to have been caused due to negligence of the driver of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H370
..... on appeal this finding was overturned by the learned single judge, who held that the accident was the direct consequence of the rash and negligent driving of the bus driver. ..... doctor mahesh chander maudgal a senior lecturer at the medical college, patiala was killed in an accident which took place between his car and a bus belonging to the pepsu road transport corporation on dec. ..... it is, here, that the claimant's case is distinguishable form other such case relating to compensation to widows, in that it is now almost 16 yeas since the accident took place and as stated by her counsel, she has not remarried to date. ..... for this purpose annual earnings of the deceased at the time of the accident and the amount out of the same which he was spending for the maintenance of the dependants will be the determining factor. ..... sunanda maudgal was dismissed by the motor accident claims tribunal, holding that the accident had not been shown to have taken place on account of the rash or negligent driving of the respondent-bus driver. ..... being in good health and only 36 years of age at the time of his death, he also could look to a long life expectancy had it not been cut short by this unfortunate accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H239
..... the claimant that he be awarded compensation against the government of himachal pradesh as it had failed to maintain the road because it was the sagging of the road that had led to the accident held that the respondent-state of himachal pradesh although being, the owner of the road and responsible for its maintenance might be liable in fort for such a claim but on a consideration of ..... the road for the following reasons:--'section 110 empowers the state government to appoint the claims tribunal for the purpose of adjudicating upon claims for compensation in espect of accidents involving the death of or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both and to define the ..... claims tribunal constituted under the act is empowered to adjudicate upon all claims for compensation in respect of accident involving the death or the bodily injury to persons, were where the accident arises out of the use of a motor vehicle and, in awarding compensation in respect of such an accident the claims tribunal is empowered to awared compensation not only against the insurer and the owner and ..... besides the aforesaid spelled out limiting words the aforesaid expression envisagtes no other limitations, that is, once it is held that there has been an accident as a result of the use of motor vehicle in which either a person has died or has received imjuries or there has been damage to any property of a third party .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1997ACJ788; (1998)IIILLJ1283P& H; (1997)115PLR181
..... the appellant-claimant's learned counsel contended that under section 5(a) of the act the wages can be calculated if the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer and as per explanation appended thereto a period of service shall, for the purposes of this section, be deemed to be continuous which has not been interrupted by period of absence from working ..... commissioner fell into an error in not awarding interest to the claimant under section 4a(3) of the act, as admittedly within one month of the accident, the respondents failed to pay the amount of compensation which, according to them, was payable to the claimant. ..... as per section 4-a(3) of the act, within one month of the accident, the respondents were required to pay compensation to the claimant and as they failed to pay the compensation, the claimant is entitled to get simple interest at the rate of 6 percent per annum on the amount ..... september 19, 1992, during the course of employment, he met with an accident and was seriously burnt by electric flash. ..... the respondents admitted the accident, the employment of the claimant as well as his average wage paid to ..... admittedly, the accident took place on september 19, ..... was not working with the respondents in the months of december 1991 and january to may 1992 admittedly, he was re-employed in the month of june 1992 and he worked for three-continuous months before this accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1986]59CompCas15(P& H)
..... with regard to the other contention mentioned at (i), the learned single judge has found that though the accident took place on august 23, 1970, subsequent to the issuance of the insurance policy by the appellant-company in favour of gurmukh singh, the original owner on january 21, 1970, yet he having duly communicated the factum of transfer of the ..... the transfer of the certificate of insurance and the policy in favour of the transferee, sewa singh, as required by section 103a of the act, the company is not liable for the payment of compensation on account of the accident; (ii) since the amendment of section 95(2)(a) of the act which enhanced the liability in respect of one ..... dated november 19, 1970, written to sewa singh in reply to his claim application with regard to the accident in question wherein the company suggested that sewa singh should contact mr. l.m. ..... and (iii) though there are two injured claimants in this case, since they were injured in one accident, the liability of the company cannot be taken beyond rs. ..... while travelling by car from delhi to chandigarh met with an accident near army petrol depot on g. t. ..... the motor accidents claims tribunal, ambala, as a result of the claim applications filed by the injured, held sewa singh, owner of the truck, though the same was insured with the appellant, insurance company, liable to ..... also found as a fact that gurmukh singh, the original owner of the truck, had sold the same to his father, sewa singh, prior to the date of accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]68CompCas214(P& H)
..... , in fact, placed on record copies of the judgments of the trial magistrate as also the additional sessions judge, bhatinda, relating to the conviction of the truck driver, babu singh, for rash and negligent driving in respect of this accident and the dismissal of his appeal filed against this conviction. ..... it was the finding of the tribunal that the accident had been caused wholly on account of the rash and negligent driving of the truck driver, babu singh. ..... moti ram, deceased, died soon after the accident as a result of the injuries sustained.2. ..... a consistent account of the accident finds mention therein. ..... the case of the claimants, on the issue of negligence, rests upon the testimony of pw-4, sham lal, who was driving the motor cycle at the time of the accident and is corroborated by that of pw-3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1987)ACC14
..... 1983 plr 584, to contend that since the deceased was aged 48 years at the time of the accident the multiplier of 16 should have been made applicable to work out the compensation payable to the appellants. ..... this appeal is directed against the award dated 15-6-1984 made by the motor accident claims tribunal, patiala (for short 'the tribunal'), deciding a claim application filed by the appellants under section 110-a of the motor vehicles act. ..... the respondents denied the allegations made in the claim application which led to the framing of the following issues by the learned tribunal:(1) whether mastu deceased died in an accident and the accident was caused due to rash and negligent driving of bus no. ..... 2, another eye-witness, clearly establish that the accident was caused because of rash and negligent driving of the bus by respondent no. 1. ..... 1 in favour of the appellants holding that mastu deceased died as a result of the accident caused by rash and negligent driving of bus no. ..... 2 to 8, which was caused in an accident involving bus no. ..... they were aged 21, 18, 13 and 11 years respectively at the time of the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H397
..... commissioner has to find for the purpose of assessing compensation is the fact as to whether the earning capacity of the injured workman has been reduced in every employment, which he was 'capable of under taking at the time of the accident and not merely in the particular job in which he was employed at that time. ..... loss of his earning capacity must be estimated by some other person and the best estimate can be given by the employer himself who has the opportunity of seeing the workmen's work before and after the accident.'7. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)97PLR571
..... the persons executing such document, or their representative, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26;provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the registrar, incases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the ..... the identity of the executent appearing before him and in case of the representative appearing for the executant, he would satisfy himself whether the said representative had a right to do so, shall register the document in case, on account of unavoidable accident or on account of urgent necessity, it had dot been presented within the prescribed period and the delay had not exceeded four months, he would register the document on payment of fine.8 .....
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