Court : Punjab and Haryana
Reported in : AIR1986P& H357
..... 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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1997ACJ1131; (1998)IIILLJ994P& H; (1997)115PLR169
..... the cross-objection under order 41 rule 33, civil procedure code, respondents are entitled to submit that the learned commissioner has fallen into an error in not awarding penalty to the claimants though immediately after the accident on august 14, 1973, respondents came to know of the accident and within a month of the accident, the failed to pay compensation to the claimants.7. ..... appellants' learned counsel contended that in this case as the accident took place on august 14, 1973, the appellants incurred the liability to pay compensation to the claimants on august 14, 1973. ..... even on the date of accident the appellants came to know of the accident, they did not pay any compensation to the claimants rather they denied their liability to pay compensation to the claimants averring that the deceased did not die in the course of their employment, (though this ..... admittedly, the accident took place on august 14, 1973. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1990ACJ415
..... behalf of the insurance company, it was contended that since there was an exclusion clause, the insurance company would not be liable in case at the point of time when the accident occurred, the person who had been driving the vehicle was not a duly licensed person to drive the vehicle. ..... when the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependants on the one hand and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazards undertaken by him by way of business activity, there is hardly any ..... the dispute arose before the apex court under the following circumstances (at page 141) :'the accident took place when the driver of the truck had gone for bringing snacks from the opposite shop leaving the engine running with the ignition key in the ignition lock and handed ..... is obvious that by permitting bagga singh, deceased, to travel oh the roof of the bus, its conductor not only did not take reasonable precautions to prevent the accident, but he also failed to comply with the requisite statutory obligations as laid down in the traffic regulations. ..... (hereinafter referred to as 'the appellant') has challenged the award of the motor accidents claims tribunal only to the extent to which it has been held liable to pay the amount ..... drivers of both vehicles were equally responsible in causing the accident and both were rash and negligent in driving their respective .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1987)ACC321
..... on the other band, learned counsel for jarnail singh truck owner, submitted that it was due to the negligence of satbir singh that the accident had taken place and, therefore, neither satbir singh nor ramesh rani was entitled to any compensation from the truck owner or the assurance co. ..... once it is held that the negligence was contributory and the truck driver was also liable for causing the accident, ramesh rani widow of deceased ashok kumar being a third party, was entitled to realise the whole amount of compensation from the truck owner and the new india assurance company, it may be that they may ..... the main controversy between the parties to the appeals is whether the accident was caused by the negligence of satbir singh, driver of the motor cycle or it was caused due to the negligence of the truck driver balwant singh or in the alternative, if both of them contributed, as held by the learned tribunal, then ..... he had not exercised ordinary care to avoid the accident and there is no equity in his favour entitled him to recover damage. ..... 500 of 1983 as both these appeals arise out of the same judgment of the motor accident claims tribunal, ambala dated 8th march, 1983.2. ..... ' at the same time, it was also held that satbir singh has, no doubt, suffered injuries and his motor cycle had also got damaged but he is the star culprit in causing the accident and in view of his material contribution to the accident, he is not entitled to any compensation.6. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1996)ACC533; 1996ACJ19; (1995)110PLR63
..... the appellant is directed to appear before the motor accident claims tribunal, jalandhar on 8.3.1995 to receive further directions. ..... the case is remitted to the motor accident claims tribunal, jalandhar, which shall after condoning the delay in filing the claim petition, decide the same on merits.6. ..... for the reasons stated above, the order of the motor accident claims tribunal, jalandhar is set aside. ..... the motor accident claims tribunal is a social legislature, the object of which is to compensate the dependents of the deceased and also to compensate the person who suffers injuries in the road accident.5. ..... the motor accident claims tribunal, jalandhar vide its order dated 23.8.1987 dismissed the application for condonation of delay as well as claim petition.2. ..... the accident had occurred on 23.1.1986 and the limitation for filing the claim petition expired on 23.7.1986. ..... manjit singh had filed a claim petition under section 110-a of the motor vehicles act, claiming compensation for the injuries suffered by him in a road accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1995ACJ583; (1994)108PLR671
..... the counsel further argued that the accident had been caused due to rash and negligent driving of the driver of the offending bus which stood proved on the record. ..... in the case in hand, the death of the deceased is not in dispute the only dispute is with regard to the manner in which the accident had taken place.4. ..... the motor accident claims tribunal had observed in the impugned judgment that the deceased was entering the main road from the link road joining on the left side while proceeding from rajpura towards chandigarh. ..... the motor accident claims, tribunal patiala, on a claim petition under section 110 of the motor vehicles act filed by the claimants had awarded a sum of rs. ..... 15,300/- with 6% pa interest as compensation from the date of the claim petition on account of the death of brij lal who died in a road accident on 25.2.1974.2. ..... as such, it is held that the driver of the offending vehicle as well as the deceased were equally liable for the accident i.e. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1984)ACC343
..... the purpose of the amendment and the creation of the tribunal obviously was to give speedy relief to the sufferers of the accident and to give free hand to the tribunal to dispose of the claims speedily, its proceedings not hampered by the rigors of the procedure laid down by the civil ..... the learned single judge had not disposed of the appeal on merits, on reversal of the order of abatement, the case should go to the single bench for disposal on merits but as the accident in the present case took place in the year 1969, almost 14 years ago, we heard the case on merits as well.11. ..... the finding of the tribunal on this issue to the extent that the deceased was guilty of contributory negligence is set aside and it is held that the accident took place entirely because of the rash and negligent driving of the truck by respondent no. 4.15. ..... for this purpose, annual earning 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 ..... initially, the claims arising out of motor accidents were tried by the civil courts prior to the enactment of motor vehicles (amendment) act, ..... on the second issue as to whether the accident took place due to rash and negligent driving of truck ..... 15 and 16, the names of the insurer and of the vehicle involved in the accident are required to be mentioned. ..... 4 that the accident took place while gian chand was trying to cross the road and had covered the distance of 5/6 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1986)ACC291
..... dhaliwal clearly impels the finding that it was not being used for the business of the insured at the time of the accident and on this account too, the insurance company must stand absolved from liability as the car was not being used for a purpose covered by the ..... also went on to admit that it was from him that the police took possession of this car after the accident and later it was he who applied for and got back the car from the police on supardari.19. ..... the owner of the said car and that there existed the relationship of master and servant between him and the car driver-mohinder pal, to render him vicariously liable for the accident, which in turn, would make the insurance company liable for payment of compensation in this case.17. ..... with the jeep travelling on the main road and that too on its correct side, no accident could have taken place if the car driver had taken the precaution of seeing that the crossing and road ahead was clear before proceeding to enter it had and at any rate, such damage ..... and 37 and was proceeding on its correct side of the road when the car pur-2888 came on to the crossing from the side of sector 37 that is, from the left of the jeep when this accident occurred, the photographs of the scene of the occurrence taken soon thereafter, exhibts p/1 to p/13. ..... riar of the general hospital, chandigarh, who was killed when the jeep, he was travelling in, was involved in an accident with a car at the crossing on the road between sectors 36 and 37, chandigarh. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1989)ACC106; AIR1989P& H82; [1989]66CompCas512(P& H)
..... and several liability is not defeated by the mere fact that the negligence of one preceded that of the other in point of time, or by the fact that the accident would not have occurred but for the joint or concurrent negligence of the other............'.18. ..... when the claimant or plaintiff is driver of one of the vehicles involved in the accident and is found to have contributed towards negligence, it is called contributory negligence and the tribunal, or the court has to apportion the liability so that for the negligence contributed to the driver of the other vehicle, the claimant ..... on the evidence led in the case, the tribunal held, that the accident was the result of rash and negligent driving of both the drivers and consequently decided issue ..... the state of punjab pleaded that the accident took place because of the negligence of the truck driver; whereas the truck driver denied his negligence and pleaded that the accident was the result of rash and negligent driving by the bus ..... according to the allegations made by the claimant the accident was the result of rash and negligent driving by both the ..... the person or persons to whom compensation shall be paid; and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be. ..... since they arise out of the same accident and common judgment of the tribunal, they are being disposed of by this common .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1970)72PLR798
..... amravati, (1966) 68 pun lr 538, in which it was held that where a claim application was filed before the motor accident claims tribunal, arising out of the death in a motor accident of a person, then it has to be remembered that a claim of this kind, which arises out of the fatal accidents act, 1855, is to be taken to have been made on behalf of the heirs like the wife, husband, parents and children mentioned in section 1a of ..... ordinarily, the income would have argued due to the deceased in small driblets spread out over a long period but the accident has the effect of precipitating all these small amounts suspended over the future years into a hard lump sum which if wisely invested could yield a recurring income in the shape of interest at a ..... a claim for compensation under section 110-a of the motor vehicles act, and the motor accidents claims tribunal, punjab, has awarded her a sum of rs. ..... date of birth as 9-1-1919 which means that on the date of accident the deceased was about 43 years of age. ..... in that case also, the motor accidents claims tribunal denied the minors the share that would have been payable to them out of the compensation amount because of a venial and excusable omission ..... 18,000/- payable in respect of the accident was allowed by the tribunal to the widow but a ..... for the possible brightening up of the future prospects of the deceased, eliminating at the same time the possibility of the future taking a turn for the worse for unknown reasons other than the accident. .....
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