Court : Punjab and Haryana
Reported in : II(1998)ACC150; 1998ACJ309; (1997)116PLR715
..... counsel for the appellant, turn on their own facts and have hardly any application under the amended section 147 of the motor vehicle act, 1988 which applies to the present case since the accident took place after this act had come into force. ..... he prays that he may be permitted to now file a petition with a prayer to condone the delay as the appellant had been bona fide contesting the matter before the motor accident claims tribunal and then this court. ..... claim petition filed before the motor accident claims tribunal met with success. ..... it may be mentioned that the motor accident claims tribunal also decided all these claims by a common judgment. ..... on his death on account of the accident, his dependents filed an application under section 110-a of the motor vehicles act, 1939. ..... this accident gave rise to four petitions, one filed by dependents of amar singh and the two by injured, ram kumar and piare lal. ..... hr16/1927 rashly and negligently and it is as a result of his carelessness that the accident occurred. ..... fourth petition was filed by the appellant herein as his vehicle had been extensively damaged in the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1996ACJ859; (1996)114PLR77
..... my considered view, the learned claims tribunal has not fallen into any error in holding that tejinder singh sustained these injuries in this vehicular accident, which took place because of the rash and negligent driving of the said bus by driver kartar singh.12. ..... punjab and general manager, punjab roadways, amritsar, have assailed the claims tribunal's award alleging that there was no reliable evidence on record to arrive at this conclusion that tejinder singh sustained injuries in any accident, which occurred because of the rash and negligent driving of the said bus by driver kartar singh. no. ..... ticket of tejinder singh with all papers is on the record, wherein while writing the history of the patient it is specifically mentioned that he sustained in juries in a road accident on october 19, 1992, as is evident from page 5 of the bed head ticket exhibitaw-11/a.11. ..... counsel contended that had there been any such road accident because the rash and negligent driving of the said bus by driver kartar singh, definitely the eye-witnesses of the accident would have lodged some report with the police.9. ..... no doubt, no fir was lodged immediately after the accident, but from the medical evidence on record it is evident that condition of tejinder singh ..... of the rash and negligent driving of driver kartar singh of said bus at the bus stand, at the time when deceased tejinder singh was alighting from the bus, he sustained injuries in this accident and succumbed to these injuries on january 5, 1993. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2(1988)ACC386
..... 1, the tribunal found that it was clearly established on record that the accident had taken place on account of the rash and negligent driving of the offending bus by chohal singh, respondent. ..... 227 of 1981, as both these appeals have arisen out of the same award of the motor accidents claims tribunal, kurukshetra, (hereinafter called the tribunal), dated september 4,1980.2. ..... on the pleadings of the parties, the tribunal framed the following issues:(1) whether the accident occurred on account of rash and negligent driving of chohal singh, respondent no. 1 ? ..... taking the disability to the extent of 20 per cent suffered by him in the accident, his monthly loss of earning was held to be rs. 90/-. ..... both of his legs got fractured in the accident and one of the legs had to be amputated. ..... the learned counsel for the appellants further submitted that kanji, claimant, suffered serious injuries in the accident as both of his legs were fractured, p.w. 8 dr. r.s. ..... in the said accident, these two claimants and others, suffered injuries ..... in the accident, be is entitled to claim rs ..... whether the claimant received injuries in the accident in question ? ..... babu ram, injured, was 50 years of age at the time of the accident. ..... 150/- per month was taken to be the joss suffered by him due to the accident. ..... 10,000/- by way of the amendment of the claim petition, on account of the injuries sustained by him in the accident. ..... 10,000/- each, as compensation, on account of the injuries suffered by them in the said accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1997ACJ397; (1996)114PLR352
..... shri balwant singh along with his family members was travelling in the said van, which met with an accident near vithipur phathak (railway crossing) on their way from jalandhar to delhi when the bus bearing registration ..... since the illegality committed by the claimant is apparent on the record, motor accident claims petition no.14 of 1993 decided on 22.1.1994 and the award made thereunder are liable to be and are hereby ..... these claimants also filed a claim petition before the motor accident claim tribunal in the year 1993 which was registered to as claim case ..... 76,500/- received by respondent no.2 in lieu of the award of the motor accident claims tribunal dated 22.1.1996 is not liable to be adjusted against the amount of compensation awarded to ..... respondent no.2 was not legally entitled to file that claim petition before the motor accident claims tribunal, the whole of those proceedings are illegal. ..... vehicles act, it is obvious that the claimants were not entitled to submit two claim petitions under these two acts separately therefore, the second petition which the claimant filed before the motor accident claims tribunal, jalandhar, cannot be held to be legally filed petition. ..... sahi sister and balraj kumar sahi, brother of this van driver, filed the claim petition before the motor accident claims tribunal, jalandhar, which was registered at no.14 of 1993. ..... who died and who sustained injuries in this accident filed claim petitions before the motor accident claims tribunal, jalandhar. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1989)ACC541; 1990ACJ395; (1990)97PLR483
..... the tribunal has proceeded to make out a case not set up by either of the parties by observing that the accident could have been possible only if the deceased had projected towards right and bad either fallen on that side or was in the process of falling on the road and he must have been struck by the bumper or ..... taking an over all view of the material on record, there can be no escape from the conclusion that the accident here had been caused entirely due to rash and negligent driving of the truck driver. ..... it has also come on record that within a very short time of this accident, the police came to the spot and the first information report with regard to it was recorded on the statement of p. w. ..... 43,200/- as compensation to the widow and children of jai pal singh deceased who was run and killed in an accident with the truck hrk-2261. ..... 5 fateh singh and p.w 6 jagdish singh, who deposed that they were following the deceased on their bicycles when the accident occurred. ..... further, seven according to the statement of the truck driver himself there were large number of persons on the road at the time of the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR562
..... the claimant-appellants are the parents of ram dhan who died on 3.5.1987 due to injuries received by him in the vehicular accident which occurred between the bicycle on which he was riding at the relevant time and a maruti van bearing registration no. ..... it has been held in various enunciations by the apex court that in the matters of assessing the amount of compensation, especially in the cases of vehicular accidents, some guess work is inevitable apart from applying the well-recognised principles of awarding compensation.9. ..... 1 returned a finding that ram dhan died in the accident in question which was caused due to rash and negligent driving of maruti van by its driver-respondent no. 2. ..... this is claimants appeal for enhancement of the compensation awarded by the motor accident claims tribunal, chandigarh, vide award dated 19.5.1988.2. ..... the motor accident claims tribunal, chandigarh (in short 'the tribunal') framed the following issues:1. ..... come in evidence led on behalf of the claimants that they were absolutely on the breadline and were totally dependant on the amount being contributed by their son, ram dhan, who became victim of the unfortunate vehicular accident.7. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009CriLJ3347
..... the contradiction, pointed out by the counsel for the revision-petitioner, to the effect that satbir singh, assistant sub inspector, (pw-6) stated that suresh kumar and krishan came to him to report the accident, whereas, krishan kumar, (pw-3) stated that suresh and one ramesh went to inform the police, about the accident, in my considered opinion, was hardly of any consequence. ..... were right in placing reliance, on the cogent, convincing, reliable and trustworthy evidence of krishan kumar, an eye witness, (pw-3), to come to the conclusion, that, on account of the rash or negligent driving of the truck, by the revision-petitioner, the accident took place, leading to the death of kuldeep. ..... it was, however, submitted by the counsel for the revision-petitioner, that the revision-petitioner has been facing the protracted criminal proceedings, since 13.03.1993, the date when the accident took place, i.e. ..... kuldeep died, at the spot, on account of the injuries, sustained by him, in the said accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1989)ACC239; AIR1989P& H137; (1990)97PLR507
..... the case as set up by the bus-driver with regard to this writing being thatthe accident was reported to the police of police station anandpur sahib, where the claimant, his wife and one sarmukh singh stated that the accident occurred due to the rash and negligent driving of the truck coming from the opposite direction and the bus driver was not at all at fault. ..... here another point was sought to beraised by the additional advocate-general, namely; that from the circumstances in which the accident had occurred, the truck-driver too, must be held to be equally to blame for the accident and he consequently sought a finding to this effect. ..... the tribunal came to the finding that the accident had been caused due to the rash and negligent driving of the bus. ..... the amount awarded is, at any rate, clearly justified having regard to age of the claimant, the nature of the injuries and the financial loss that he had suffered on account of this accident.10. ..... in an accident between the haryana roadways bus hyk-262 and an unidentified truck coming from the opposite direction; the right arm of the claimant-ram pal, who was travelling in the bus and sitting beside a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1984)ACC178
..... negligence of the bus driver in this case lay in keeping the spare wheel inside the bus.having regard therefore, to the totality of the circumstances of this case, it must be held that the accident resulting in the death of damodar dass deceased was caused entirely due to rash and negligent driving of the truck driver while as regards the death of the other deceased namely p.c. ..... as in the earlier case, here too it would be seen that the evidence led clearly establishes the fact that the accident between the bus and the truck was caused by the tyre burst of the truck which resulted in the truck swerving to its right and then hitting into the ..... ramji dass respondent, owner of the truck, on the other hand, blamed the bus driver for the accident and also put-forth the plea that it was an inevitable accident and had occurred on account of the bursting of the right front tyre of the truck which was an act of ..... in dealing with the claim filed by the children of damodar dass, deceased, the tribunal came to the finding that the accident between the bus and the truck was an act of god and, therefore, neither driver could be held to have been ..... of the evidence led in this case would show that the bus was being driven on its correct side of the road at the time of the accident and it did not go on to the wrong side of the road at any time. ..... roadways bus puq-5340 while travelling on the pathankot-jalandhar road was involved in an accident with a truck dll-9571 coming from the opposite direction. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1986)ACC127
..... they corroborated the statement of neelam chopra that mohan lal suri fell on the ground due to the accident and neelam chopra along with the scooter was dragged by the truck upto a distance of about 35 to 40 yards ..... assistant sub-inspector sandal singh (pw 10) who reached the spot soon after the accident stated that only nanu (pw 6) and mohinder singh (pw 7) were present and their statements were recorded by him as the eye-witnesses ..... of his later resiling from the earlier statement, the evidenciary value of his statement is rendered doubtful, there is still the testimony of the other eye-witness mohinder singh (pw 7) who had categorically deposed that the accident had taken place due to the rash and negligent driving of the truck driver. ..... there can be no precise measure of determining the amount of compensation for the pain and suffering undergone by her and the consequent deformity to which she has been subjected on account of the accident, but taking an overall view of the circumstances she should be granted in all compensation of rs. ..... the case of the claimants before the tribunal was that the accident had taken place due to the rash and negligent driving of the truck driver shri ..... i, therefore, find no infirmity in the finding of the tribunal that the accident had been caused due to rash and negligent driving of the truck driver shri chand ..... the tribunal, on appraisal of evidence, held that the accident was attributable to the rash and negligent driving of the truck driver shri .....
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