Court : Punjab and Haryana
Reported in : (2007)4PLR33
..... 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 accidents claims tribunals and even some of the high courts in other parts of the country do not follow them. ..... we would like 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. ..... by way of present revision petition, the petitioners have challenged the order passed by the learned motor accident claims tribunal, kaithal (for short the tribunal) vide which the application moved by the petitioners herein to withdraw the amount of f.d.r. ..... we are sure mat 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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1994)ACC386; (1994)107PLR367
..... the learned single judge as well as the motor accidents claims tribunal has taken a very rigid view of the matter ignoring the basic facts. ..... it is not and cannot be disputed that the accident in question was due to the negligence of the oil tanker. ..... the learned judge of the motor accidents claims tribunal, vide his award dated 10.9.1979 awarded rs. ..... both the parties led oral and documentary evidence before the motor accidents claims tribunal, karnal. ..... on march 24, 1973, two claim petitions were filed before the motor accidents claims tribunal, karnal. ..... goel urged that the evidence of injured amar nath garg clearly indicates that he was one of the occupants in the car which met with the fatal accident on october 16, 1972. ..... 6 of 1980, both these appeals arise out of a common award made by the motor accidents claims tribunal.2. ..... in that accident rajinder kumar and hitesh kumar were killed whereas amar nath garg sustained injuries.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1996ACJ295; (1994)107PLR454
..... being dis-satisfied with the award of the motor accident claims tribunal (hereinafter referred to as the 'tribunal') the claimants have filed the present appeal for enhancement of the compensation. ..... this appeal is directed against the award of the motor accident claims, tribunal, rupnagar, dated 13.6.1986, who, on a claim petition under section 110-a of the motor vehicles act filed by smt. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H418
..... tribunals (hereinafter referred to as claims tribunals) for such areas as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect 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: provided that where such claims include a claim for compensation in respect of damage ..... two judgments relied upon by the learned counsel for the respondents are clearly distinguishable because in both the said cases, the accident had taken place prior to the amendment in the year 1969 which came into force with effect from mar. ..... a general term, therefore, it means, hurt of any sort whether suffered by a person or a thing and the person whose property has been damaged in a motor accident would therefore, be the person who has sustained the injury within the meaning of clause (1)(a) to s. ..... 9, 1968, only mention 'for the purposes of adjudicating for the claims for compensation in respect of accidents involving the death or bodily injury to persons arising out of the use of motor vehicles' has been made, but since the latter part has been added by act ..... the learned tribunal held that no compensation could be allowed for the damage to the tractor because the tribunal could only adjudicate for the claims of compensation in respect of accidents involving death or bodily injuries to the persons arising out of the use of the motor vehicles. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999ACJ69; (1997)117PLR793
..... above there was one sukha ram who according to the petitioners was driving the maruti van at the time of the accident and it was sukha ram who had sustained injuries and was admitted in medical college hospital, rohtak, secondly fir ex. ..... 2 was coming from delhi to rohtak at normal speed on his own left hand side of the road and when the bus reached near the place of accident, he saw one truck coming from the opposite direction and the maruti van trying to overtake it. ..... part of his statement demolishes his entire statement if we believe that he was actually in that van and not sukha ram because admittedly there were only three persons and not four at the time of the accident, that the accident took place due to rash and negligent driving of the driver of the bus. ..... took in view the statement of devak ram pw, ex.p4 copy of the fir recorded on his statement in police station, sampla on that day, statement of asi prem singh pw, rough site plan, ex.p5 prepared by asi prem singh of the place of accident, statement of kartar singh, driver-respondent and ramesh chand, conductor of haryana roadways bus. ..... who claims himself to be an occupant of the maruti van at the time of the accident does not help the petitioners to prove that the accident took place due to rash and negligent driving of the bus by the driver/respondent firstly because if one goes through the petitions then one will find that besides the two deceased named .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1990)ACC298; 1990ACJ852
..... it has now been well established that in motor vehicle accident cases, the interest on the amount of compensation should be granted from the date of the application and not from the date of the award, once an application for claiming compensation is presented before the tribunal, the ..... it was found by the tribunal that the accident was caused due to rash and negligent driving by the driver of bus no. ..... this appeal is directed against the award dated 22.10.1984 of the motor accidents claims tribunal, narnaul, whereby a sum of rs. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H540
..... (4) it is next argued that under section 110 of the motor vehicles act, in order to claim compensation it is not necessary to establish that the accident involving bodily injury to persons arising out of the use of the motor vehicle in question was the result of negligence on the part of the owner or the driver ..... 110 to 110-f) merely deal with the subject of the substitution of motor accidents claims tribunal in place of civil courts for the purpose of adjudicating on claims for compensation in respect of accidents involving the death or bodily injury to person arising out of the use of ..... in cross-examination by the tribunal, the witness could not say that the accident took place as sadhu singh wanted to overtake another bus going ahead because the witness was sitting on ..... as a matter of fact driver sadhu singh was also injured in the same accident and he never joined after he came out of the hospital where he had been ..... i would grant that a skid in itself does not excuse the accident and it may not suffice, by itself, to displace the prima facie inference of negligence arising from the vehicle being where it has no right to be, for a skid may be caused by bad, ..... to discover the criterion or test for fixing liability, we have, in the absence, of any statutory provision fixing liability irrespective of negligence, to turn to the law of torts according to which indisputably negligence in causing the accident in question is generally speaking essential to hold the negligent person liable. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1985)ACC24; AIR1985P& H71
..... it was the finding of the tribunal that the bus was not being driven by suraj bhan at the time of the accident and it was further held that even if he had been driving it--whether with or without the authority of the bus-driver--the state of haryana could not have been rendered liable for payment ..... the driver, in leaving the bus unattended acted in a grossly negligent manner and this was the effective cause of the accident and the owner of the bus was thus liable for this negligence of the driver. ..... 1.the controversy in appeal here is with regard to the liability of the state of haryana for the accident caused by a harayana roadways bus driven away by a stranger while the driver and conductor thereof were sitting at a way-side tea-stall taking tea or drinks, as ..... , the circumstances of the case and the evidence on record, amply justify the finding that the accident here was caused by the rash and negligent driving of the respondent suraj bhan.15. ..... been mentioned earlier, was recorded with utmost promptitude without there being any time or opportunity for thinking out or concocting any version of the accident other than the manner in which it had actually occurred. ..... there can be no escape to the conclusion that the accident here must be attributed to the negligence of the bus-driver for the consequences of which the state haryana would ..... the effective and approximate cause of the accident was thus clearly this negligence of the bus-driver rendering thereby the state of haryana--its .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H407; [1985]58CompCas653(P& H)
..... be well settled that a claims tribunal performing function under the motor vehicle act has more or less the same status as that of a court and performs functions similar to it and also that rule 20 of the motor accidents claims tribunal rules does not, either expressly or by necessary implication, exclude the applicability to proceedings before the claims tribunal of those provisions of the code of civil procedure which it does not specifically mention and that ..... even if it were not so, the fact that the act continues to carry appropriate provisions under which courts and tribunals co-exist for adjudication of claims in motor accident cases must condition our view as to the scope of the powers of courts, on the one hand, and of claims tribunals, on the other. ..... to section 110-c(2) of the motor vehicles act, and observed that only certain provisions of the civil procedure code, were applicable to the motor accidents claims tribunal and the provision enabling amendments to be made to the pleadings was not one of those provisions. ..... claims because the civil procedure code does not apply and at the same time if it were the position that civil courts having jurisdiction to entertain motor accidents claims, have the requisite power to order amendment of pleading because the civil procedure code empowers them in that behalf, then we would be applying the same law relating to motor vehicles accidents unequally on a distinction which would be highly invidious and without rational basis. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1986CriLJ2027
..... directed by the panchayat to remove an encroachment may be anxious to do so after the order of fine is first passed against him but is incapacitated to remove the encroachment for considerable time because of some unavoidable difficulty like meeting with an accident. .....
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