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Prem Kumari Rekheja and ors. Vs. R.K. Dadeja and ors.

Court : Punjab and Haryana

Reported in : II(2004)ACC16; 2004ACJ1285; (2004)136PLR849

..... , the cart in question had been coming on the wrong side of the road, but the tribunal had nevertheless held and to my mind rightly, that as it was dark at the time of the accident and as the visibility in front of the jeep must have been obscured due to head lights of the coming truck, the driver had to take extra care to save not only the camel cart as ..... had crossed, it was only then he noticed the camel cart which was at a distance of 10/15 yards from the jeep and that danesh singh driver in order to avert the accident had swerved the jeep towards his right hand side but still extending portion of the wooden structure of the cart had struck left hand portion of the jeep, on which side mr. ..... was the basis of the fir, in which it had been stated that the jeep was being driven by danesh singh and that it had met with an accident on account of the fact that the camel cart was coming on the wrong side, i.e. ..... under:-'now the next question which needs consideration is as to whether the accident took place due to sole negligence of car driver or it was a ..... while they were in the area of village bahauddin, the jeep met with an accident with a camel cart which was going on the left side of the road and in the same direction as the jeep and as a result ..... it was, however, pleaded by both these respondents that the accident had not happened on account of the negligence on the part of the driver of the jeep but had happened as the camel cart, which had extended wooden structures on it had been .....

Prem Chand and anr. Vs. Uttari Haryana Bijli Vitran Nigam Ltd. and ors ...

Court : Punjab and Haryana

Reported in : I(2004)ACC554

..... a perusal of the report annexure r-3/1 clearly shows that deceased jai pal got electric shock and met with the fatal accident on 28.5.2001, while he was grazing sheep/goats in the fields. ..... the unfortunate parents of one jai pal who died due to electrocution on 28.5.2001 are claiming compensation from the respondents on the allegation that the accident occurred on account of the negligence of the officials of respondent no. 1. ..... from ground level which could cause accident to any person whosoever came in contact with the live conductor. ..... in the present case the accident occurred while jai pal (deceased) grazing his sheep/goats in the fields happened to pass under the live hanging conductor came in contact with it and got electrocuted on the spot. ..... the accident could have been averted, (i) had the maintenance of 11 kv line been done properly from time-to-time and hanging conductor of 11 kv line would have been set right by the maintenance staff well in time, (ii) had the ..... the accident took place due to inadequate clearance of the conductor from the ground level and due to poor maintenance of 11 kv line. ..... a young life has been snuffed out due to the callous disregard of the respondents in taking necessary precautions to maintain the high tension wire at a high enough level to prevent such accidents. .....

United India Insurance Co. Vs. Roshan Lal and ors.

Court : Punjab and Haryana

Reported in : (2008)2PLR734

..... 6, did not deny in the written statement filed by it, that the jeep, in question, was not insured with it at the time of accident, it can be said that the original policy of the relevant period, was not produced by it deliberately. ..... for the appellant, united india insurance company vehemently contended that the claims tribunal was wrong, in coming to the conclusion, mat the jeep, in question, was duly insured with the appellant, on the date of accident, and as such, it was liable to indemnify the owners with regard to the amount of compensation. ..... the claims tribunal was, thus, right in coming to the conclusion that on account of the rash or negligent driving of the jeep by the driver, the accident took place, resulting into injuries, on the person of the claimant/cross-objector. ..... in case, the jeep in question was not insured with the appellant, at the time of accident, then such a stand could be taken up, in the written statement. ..... the parties led evidence, in support of their claim/after hearing the learned counsel for the parties, the claims tribunal, came to the conclusion, that the accident took place, on account of the rash or negligent driving of jeep no. ..... it was stated that the jeep, in question, was not involved in any accident, and the entire story was concocted. ..... he also stated that at the time of accident, he was sitting at the back side of the driver. ..... it was further stated that the accident was not caused, on account of the rash or negligent driving of jeep no. .....

Sukhdev Singh @ Sukha Vs. Manjit Kaur and ors.

Court : Punjab and Haryana

Reported in : (2009)153PLR10

..... it has been noticed that the first information report was recorded by rw-1 sohan singh, in which it was categorically stated by him that the accident in question took place due to rash and negligent driving of the driver of the tractor trolla but subsequently in order to help the appellant, he deposed in his favour contrary to his first ..... sukhdev singh, who was the driver-cum-owner of the offending tractor at the time of the accident, has filed this appeal against the award passed by the motor accident claims tribunal, bathinda (hereinafter referred to as 'the tribunal') on a claim petition filed by the respondents under section 166 of the motor vehicles act (herein after referred to as 'the act'), whereby, ..... counsel for the appellant argued that the finding recorded by the tribunal that the accident in question took place due to rash and negligent driving of the appellant is illegal and contrary to the ..... the appellant contested the claim petition and averred that at the time of the alleged accident, he was not driving the offending vehicle and the same was standing and the deceased himself struck ..... 1 with regard to the negligence in favour of the claimants, and it was held that the accident in question took place due to rash and negligent driving of the tractor trolla, which was being ..... the tribunal on the basis of the evidence available on record has rightly come to the conclusion that the accident in question was caused due to the rash and negligent driving of the appellant. .....

Parshotam Kumar Vs. Sadhu Khan and ors.

Court : Punjab and Haryana

Reported in : 2007ACJ2538

..... the relevant portion of the judgment is as hereunder:(9) broadly speaking, while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... the tribunal after examining the controversy has concluded that the accident was caused due to rash and negligent driving of the driver of the truck ..... learned counsel for the appellant submits that as a result of the accident appellant vijay rani goel is totally confined to bed and is totally dependent upon others ..... learned counsel for the appellant canvassing the case of vijay rani goel contended that as a result of this accident she had suffered an injury to her spinal cord. ..... these two appeals have been filed by the claimants seeking enhancement of compensation awarded to them by the motor accidents claims tribunal, bathinda (hereinafter to be referred to as 'the tribunal').2. ..... it may be mentioned that at the time of accident, appellant vijay rani goel was 28 years old and today she would be 47 years ..... it is stated that immediately after the accident she was taken to a local hospital and from there she was referred to daya nand medical college, ..... 585 with some other relatives when the car met with an accident and was struck by a truck no. ..... 000 on account of pain and suffering and any reasonable amount for future diet and medical expenses on account of an attendant as also for the loss of quality of life suffered by her on account of the said accident.8. .....

National Insurance Company Limited Vs. R.K. Saini and ors.

Court : Punjab and Haryana

Reported in : IV(2006)ACC57

..... the legal heirs of surinder kumar as well as ritu filed petition under section 166 of the motor vehicles act, 1988 (hereinafter to be referred as 'the act') before the motor accident claims tribunal, ambala, for claiming compensation on account of death of surinder kumar as well as for the injuries suffered by ritu. ..... bimla deceased, has submitted that he has not filed any claim petition under section 166 of the act at ambala but, keeping in view the fact that two petitions admittedly arising out of the same accident are pending at ambala, it will be expedient if claim petition filed by respondent nos. ..... 3 and 4, pending in the court of motor accident claims tribunal, chandigarh, is transferred to the court of motor accident claims tribunal, ambala, for adjudication along with other claim petitions arising out of the same accident. ..... saini, motor accident claims tribunal, ambala. ..... baswana, motor accident claims tribunal, chandigarh, is transferred to the court of mr. r.k. ..... in a motor vehicle accident occurred on 29.3.2004, surinder kumar and b imladied whereas one ritu suffered injuries. .....

Bhim Singh Vs. State of Haryana and Others

Court : Punjab and Haryana

..... prabhu and others (supra) as in the first version the injured not only one but two if third was unconscious have given the history of injuries as a road side accident to the doctor within half an hour of the occurrence. ..... of narender (head injury) on the road side accident. .....

Criminal Revision No.2529 of 2006 Vs. the State of Punjab

Court : Punjab and Haryana

..... both pw-3 surjit singh and pw-10 avtar singh have stated in categoric terms that accident has taken place in their presence and is the result of rash and negligent driving of the offending truck not pj.2565 at the hands of the petitioner. ..... in case the testimony of both these witnesses is taken out, in that case the prosecution has utterly failed to prove the fact that accident has criminal revision no.2529 o 4. ..... although in examination-in-chief both of the witnesses have stated that accident has taken place in their presence, but in the cross examination, both these witnesses have stated that they reached the place of occurrence after the accident. ..... the hon'ble apex court appreciated the factum of awarding minot punishment for offence under section 304-a ipc in view of increasing trend of deaths in motor vehicle accidents. .....

Paramjit Singh Vs. Narender Kumar and Others

Court : Punjab and Haryana

..... the disability which was already found by the doctors at 20% on account of the accident should not have been reduced to 10% on account of some mistake in mentioning the disability. ..... ) seeking compensation in a sum of ` 10.00 lakhs for the injuries he suffered in a roadside accident that took place on 28.2.2007. ..... according to him, as per the certificate, the disability was 60%, but as the earlier disability of the claimant was 40% due to post polio residual paralysis, the remaining disability of 20% was attributable to this accident and, therefore, it should have been taken as the disability arising out of the injuries suffered in this accident. ..... learned motor accidents claims tribunal, ambala (for short, "the tribunal") vide award dated 17.1.2009 has allowed the claim petition in a sum of ` 2,45,000/- . ..... in these circumstances, adding a sum of ` 40,000/- to the already assessed compensation, i find that a sum of ` 2,85,000/- would be adequate compensation to the claimant for the loss suffered by him in the aforesaid accident. .....

Present: Mr. G S Gandhi Advocate Vs. Harkrishan Sarohi (Dead Through S ...

Court : Punjab and Haryana

..... but every time the matter reached to the conclusion that ashok kumar died due to accident by entangling his chadder in the belt of the generator set. ..... from the material available on the file, it strongly indicates that ashok kumar died as a result of accident by entangling his chadder in the belt of the generator set. . ..... from the material on the file, it strongly appears that ashok kumar had died as a result of accident by entangling his chadar in the belt of generator set. ..... all available evidence indicates that death of ashok kumar took place due to accident but investigation has not yet concluded. ..... not m 1095.of 2010 (o&m) 14 the theory of accident by entangling of chadar in the generator set substantiate from the material collecting during the investigation. ..... a relevant extract of order dated 04.02.2011 reads as follows:- as per the affidavit dated 29.11.2010, the cause of death could be an accident by entangling with the generator set. .....