Court : Punjab and Haryana
Reported in : (1992)101PLR520
..... sunder devi filed a claim petition before the motor accident claims tribunal, sirsa in which they claimed rs. ..... the motor accident claims tribunal after holding that the accident had been caused due to rash and negligent driving by rameshwar dass, driver, roadways, sirsa, awarded rs. ..... on october 19, 1982 said jai singh was travelling in a bus run by motroia bus service which met with an accident with a haryana roadways bus. ..... unfortunately, said jai singh died in the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1992ACJ581; (1992)101PLR439
..... the petitioner continued to be in the employment of the respondents on the same salary even after the occurrence he had given notice of the accident on 12th june, 1984 copy of which is annexed as annexure p-1 to the writ petition as required under rule 10(1) of the workmen's compensation act and had waited considerably with a hope that ..... left with no alternative but to file the application for compensation against the haryana state roadways, sonepat depot on 31st july, 1986 (annexure p/2) wherein it was stated that he met with an accident on 13th april, 1984 and suffered 40 per cent permanent disability and was thus entitled to get compensation of rs. ..... 227, it was held that where a workman is re-employed after the accident by the same employer in the same workshop, this fact is itself sufficient cause for not making an application under the workmen's compensation ..... that the petitioner while working as a mechanic with the respondent department at sonepat depot had received personal injuries by an accident which took place on 13th april, 1984 in the course of employment. ..... it was urged that the petitioner had given notice of accident on 12th june, 1984 as per provisions contained in section 10(1) of the workmen compensation act and kept on waiting that the department would consider his ..... on the day of the accident, when the petitioner was repairing the bus, the jack slipped and its chasis fell on the left hand of the petitioner as a result of which he received serious permanent injury .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1992ACJ1061; (1992)101PLR233
..... brother of the deceased, is entitled to file a claim petition under the motor vehicles act, 1939, for compensation, before the motor accident claims tribunal, but in view of the finding that the deceased was having no income and the accident was not caused due to negligence on the part of bus driver, the appellant is hot entitled to any compensation.7. ..... the present appeal has been preferred against the award dated 24-2-1989 of the motor accident claims tribunal, gurdaspur, whereby the claim petition of the appellant was dismissed the appellant filed the claim petition on the ground that his brother, udham singh, was standing on the ..... driver of the bus has made total denial of the accident in his written statement but the appellant cannot take advantage of the same because onus to prove that the accident took place due to negligence of the driver, is on ..... appellant has chalenged, the award of the motor accident claims tribunal, gurdaspur, dated 24-2-1989, by way ..... and when it reached near the place of accident, the driver of the bus was about to overtake the rehri going ahead, but the rehri abruptly turned towards its right side inspite of the fact that the driver of the bus blew horn and to avoid the accident, the driver of the bus turned the bus towards the ..... the written statement that no such accident took place due to his negligence ..... he further submitted that the accident took place due to negligence of the driver and the appellant being the brother of the deceased, is entitled to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998ACJ747; (1997)117PLR86
..... 6000/- produced in evidence but it cannot be lost sight off that where a relative lies dying on account of the injuries suffered in an accident, the anxiety of the relatives would be to save his life and not to collect evidence in support of compensation on account of his likely demise. ..... having once found that the claimants in the present appeal who were minors at the time of the accident were not bound by the consent limiting their claim to compensation given by their counsel before the tribunal a question now arises as to what compensation has to be awarded to them. ..... the owner and the driver of the oil tanker took the plea that the accident was inevitable as it had occurred on account of the sudden bursting of the front tyre of the oil-tanker. ..... whether munna lal and/or krishan kumar was leaning out of the bus hro 4420 immediately before the accident and if so whether by so doing they contributed to the occurrence of their death. ..... 2 to 6 the tribunal gave a positive finding that the accident had occurred on account of the rash and negligent driving by the driver of the oil tanker and the respondents' version that it took place because of the bursting of the front right tyre of the oil tanker ..... whether the front tyre of the oil tanker hrm 984 was new and the same got burst suddenly and the accident became inevitable as pleaded by daya ram respondent?5. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1984)ACC189
..... pne-5905 came from the side road and there was an accident between the vehicles, as a result of which, the bus over-turned and the aforesaid two occupants of the bus sustained serious injuries and ultimately died. ..... however it, was noticed that in the claim application, the name and address of the owner of the motor vehicle involved in the accident were given as the punjab government. ..... fauja singh's widow and seven minor children filed claim application before the motor accident claims tribunal, amritsar. ..... (3) whether the accident in this case was caused due to the rash and negligent driving of bus no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998ACJ942; (1997)117PLR177
..... 2, so arrayed in the claim petition, in a rash and negligent manner and dashed against maruti car which was dragged upto 10-15 karams towards left side of the bus and on account of the accident all the five occupants of the car died at the spot. ..... the appeal is thus, accordingly, allowed and the award of the motor accidents claims tribunal is modified to the extent indicated above. ..... 25,000/- was awarded by the motor accidents claims tribunal to the claimants and even though evidence was led to show that murli dhar, at the time of accident was 45 years of age and earning rs ..... is recorded that a finding with regard to dependency of the appellants as also the income and age of the deceased can be given, this court is left with no other option but to set aside the award, of the motor accidents claims tribunal given in claim petition no. ..... there is no necessity at all to give detailed facts as the prayer in all the surviving appeals is for the enhancement of the compensation from the one already determined by the motor accidents claims tribunal, suffice, therefore, it to say that the accident occurred on 6.2.1989 at about 9.00 a.m. ..... the award of the motor accident claims tribunal is modified and it is held that the claimants would be entitled to the compensation to the sum of rs ..... 1738 of 1994, it is proved on the record that wazir chand mehta who died in the accident was an advocate practising at hissar. ..... is proved on the records of the case that at the time of the accident, he was earning rs. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1984)ACC374
..... a plea was also raised that the claimant had admitted in the first information report recorded on january 14, 1975 that the accident had occurred due to his own negligence when he was crossing the road without seeing the oncoming car and further that the driver of the car was not negligent. ..... according to the car driver, on the other hand, the accident occurred when the claimant all of a sudden came on to the road without caring for the traffic thereon. ..... it was the case of the claimant that the accident had been caused by the rash and negligent driving of the car driver. ..... 4 where blame for the accident was placed entirely upon the car driver. ..... coming back to the accident itself, it was incumbent upon the claimant to proceed to cross the road only it was clear. ..... it would appear that this was indeed the manner in which the accident took place.6. ..... it is significant to note that he neither accompanied the injured to the hospital nor did he inform his house-hold about this accident. ..... there is a ring of plausibility in the version of the car driver that the claimant had suddenly come to the road and this is what led to the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2001)ACC647; 2001ACJ635; (2000)126PLR352
..... this appeal arises out of the judgment/award of the motor accident claims tribunal (hereinafter referred to as tribunal) in mact case no. ..... however, prtiam singh received injuries in the accident and died because of the injuries. ..... road at the place of the accident was 6' higher as compared to the kacha passage. ..... the bus involved in the accident was being driven by respondent no. ..... road near the place of accident which is at a distance of 1 kilometer from ambala cantt. ..... ex.r.1 to ex.r.5 are the photographs of the place of the accident produced by the respondents. ..... the case pertains to an accident which took place on 12.6.1985 at 12.00 noon on the national highway known as g.t. ..... admittedly, the accident had taken place where the fly over ends. ..... when he reached the main road leading from ambala cantt to delhi, the accident took place. ..... the bus driver cannot be blamed for this accident. ..... 2 at the time of the accident. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2(1985)ACC336
..... is the consistent testimony of pw 4 kashmiri lal, pw 5 baldev singh, pw 7 narinder singh as also that of rw 2 jagga ram, the owner of the truck that the accident occurred when the bus came completely on to its wrong side and hit into the truck which was travelling at a slow speed on the left side of the road.5. ..... without relevance is the further fact that he did not join the profession till this accident which, as has been mentioned earlier occurred over 2 years after his passing the ..... such being the condition of the claimant now, as a result of the injuries suffered by him in this accident, there can be no manner of doubt that he will never be able to lead a normal life nor would he ever be in a position to be gainfully employed rather, he would be a financial burden upon all who may have the responsibility of ..... of the case and the evidence on record overwhelmingly show that the accident occurred entirely due to the rash and negligent driving of the bus- ..... that at the time of his admission in the hospital, on the day of the accident, kashmira singh was unconscious and had five injuries on his person. ..... and many other injured when a punjab roadways bus pba 9401 met with an accident with a truck pub 1822 coming from the opposite direction. ..... the advocate general, punjab, laid great stress here upon the fact that kashmira singh had not even obtained a license for practice as an advocate in chandigarh till the time of the accident, which was over 2 1/2 years after his passing the l.l.b. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1986)ACC259
..... the truck-driver sought to explain away the photographs of the scene of the accident by suggesting that the injured claimant was removed to the hospital in the offending truck implying thereby that the position of the scooter and the truck, as shown in photographs, was set up to create evidence to put ..... was also his testimony that be had been placed in a low medical category permanently on account of the disabilities he is now left with on account of this accident, which would adversely affect his career prospects in the armed forces.11. ..... taken by the photographer pw 9-santosh kumar about two hours after the accident provides eloquent testimony of the manner in which it occurred. ..... it was the finding of the tribunal that this accident had been caused entirely due to the rash and negligent driving of the truck- ..... rajwar suffered serious injuries in an accident with the haryana state electricity board truck hrk 1422 coming from the opposite ..... was proceeding towards kunjpura on his scooter with his wife sitting on the pillion seat thereof when this accident occurred. ..... claimant was removed to the army hospital, delhi a day after the accident. a.w. ..... , examined him at the civil hospital, karnal soon after the accident. dr. ..... in view the totality of the circumstances of the case, in the light of the evidence on record, there can be no manner of doubt that it was the truck-driver who was wholly to blame for the accident. ..... murari, who investigated the criminal case arising from this accident.4. .....
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