Court : Chennai
Reported in : III(2006)ACC792; 2007ACJ578; (2006)2MLJ658
..... indicates the fact that the motor cycle was keeping the traffic rules at the time of the accident and the lorry came in a zig-zag manner and dashed against the motor cyclist. ..... the absence of any contra evidence on the side of the second respondent to rebut to evidence adduced on the side of the claimants, the tribunal found that the accident was caused due to the rash and negligent driving of the driver of the lorry.7. ..... suddenly came on the extreme wrong side and dashed against the motor cycle and thereby he met with the accident and died on the spot and the vehicle driven by him also got damaged. ..... drove the vehicle in a rash and negligent manner and suddenly came on the extreme wrong side and dashed against the motor cycle and thereby, the accident took place, which resulted in death of the rider of the motor cycle, viz. ..... that the deceased was riding the motor cycle from east to west very close to the left side of the new avadi road opposite to furnishing bus stop, and the vehicle involved in the accident was not the cause for the negligence and rash driving. ..... learned counsel for the appellant claims that the relevant date of accident was 23.04.1995 after the amendment of the motor vehicles act i.e ..... involvement of the vehicle, the tribunal has considered that the second claimant, the minor daughter of the deceased sukumaran has come forward with a definite case that the deceased sukumaran died in a motor accident that took place on 25.04.1995 in new avadi road just opposite to i.c.f. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237
..... , notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods ownedby the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such ..... railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for toss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passengers and accompanyinghim in his compartment or on the tram, sustained as a result of such ..... the amount of compensation payable under section 82-a of the old act (corresponding section is 124 of the indian railways act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of accident or the same needs to be determined in accordance with the amendments made to the said rules during the pendency of the claim proceedings. ..... since in the present case, though the impugned order has been passed after almost 10 years, from the date of accident but since there is no material before us to ascertain as to under what circumstances and for whose fault the proceedings were .....
Tag this Judgment!Court : Karnataka
Reported in : I(2001)ACC293; 2001ACJ691; AIR2000Kant344; ILR2000KAR3372; 2000(6)KarLJ208
..... administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train sustained as a result of such ..... shall be such as the 'claims tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable: provided that if more than one injury is caused by the same accident, compensation shall he payable in respect of each such injury: provided further that the total compensation in respect of all such injuries shall not exceed rupees forty thousand. ..... provides that the railway administration shall be liable to pay compensation for death and for personal injury and lossof accompanying goods owned by the passenger sustained as a result of such accident whether or not there has been any wrongful act, neglect or default on the part of the railway administration. ..... , being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2001)ACC453; 2001ACJ721; AIR2001SC1333; JT2001(3)SC457; 2001(2)KLT12(SC); (2001)3MLJ1(SC); 2001(2)SCALE432; (2001)3SCC714; [2001]2SCR365; 2001(2)LC1053(SC)
..... of the division bench of the high court of kerala for reaching the conclusion that appellant is not entitled to the amount indicated in the rules as they stand now on account of the fact that the accident happened prior to 1.11.1997, considered among other things the effect of section 126 of the act. ..... -judge bench of this court held thus: 'the employer therefore became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. ..... what the legislature wanted was that the victim of the accident must be paid compensation and the amount must represent a reality which means the amount should be fair and ..... person sustained injury as described in rules 3(2) of the rules, in an accident in a train on 31.10.1997, and another person sustains the same kind of injury in another accident in a train the next day i.e. ..... is clear that the liability to pay compensation is to the extent prescribed under the rules in force at the time of the accident or the untoward incident, as the case may be.'22. ..... of section 124 and 124a also would clearly show that the liability of the railway administration to pay compensation arises as soon as the accident or untoward incident, as the case may be, happens. ..... bench thereafter concluded thus: 'the wording of sub-section (2) of section 126 would show that the liability is saddled as soon as the accident happens, not when the quantum is determined. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi575; 21(1982)DLT245
..... 2048 of 1977) filed by the delhi municipal corporation (herein called 'the corporation') challenging the finding that the accident resulting in the death of ramesh chand was due to rash and negli gent driving of the driver ajit singh who was driving the bus bearing registration ..... (3) the question for decision before the tribunal was whether this accident resulting in the death of ramesh ghand occurred due to the rash and negligent act of the ..... that the bus conductor who could probably throw some light on the manner in which the accident took place, has been purposely with-held by the respondents. ..... nand and hem chander,pws 6 and 7 respectively, and in view of the unsatisfactory evidence, produced by the respondents in support of their case regarding the failure of brakes, i uphold the finding of the tribunal that the accident occurred due to rash and negligent driving of respondent no. ..... appellants herein are the legal representatives of per section 1-a of the fatal accidents act, that firm was earning about rs. ..... (8) the plea of the respondents that the accident took place due to brake failure which was sought to be substantiated through the evidence of shiv gopal saxena (rw 1) has not ..... tribunal while negativing this defense pica of brake failure has held that the accident was due to rash, negligent act of respondent no. ..... the defense briefly was that the accident was an net of god which occurred due to the mechanical failure of the brakes and the respondent's were not responsible for .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC89; 2004ACJ504; RLW2003(3)Raj1562; 2002(5)WLN702
..... it has also not been noticed that not all but only such of the provisions of cpc have been extended to proceedings before motor accident claims tribunal as are prescribed while order ix has been made fully applicable, no part of order vii has been made applicable which could authorise rejection of plaint on the ground of limitation ..... having heard the learned counsel appearing for the parties, we are of the opinion that the learned motor accident claims tribunal as well as the learned single judge both have not noticed that under rule 20 of the rajas than motor accident claims tribunals rules, 1964, which also continues to be operative under the rajasthan motor vehicles act, 1988, the provisions of order ix cpc have been made applicable to ..... apparently, notwithstanding the judgment of the supreme court has been noticed by the motor accident claims tribunal as well as learned single judge, they have not appreciated the controversy in the light of applicability of the provisions of order ix, ..... will not govern cases where the dispute as to whether petition for claim having been filed beyond the period of twelve months, from the dale of the accident is pending consideration either before the tribunal, high court or supreme court. ..... the matter is remitted back to the learned motor accident claims tribunal, bikaner for deciding the case afresh in ..... rise to this appeal are that the appellants were claimants before the motor accident claims tribunal, bikaner (for short 'the tribunal'). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2001)ACC208; 2003ACJ402; 2001(3)ALD247; 2001(3)ALT429
..... that under section 82-a of the old act (now correspondent new section 124) the railway administration is liable for payment of compensation only when there is an accident to a train resulting to injury or death to a passenger and in the absence of train accident, any accident caused to the passenger while travelling in a train, he or his legal representatives are not entitled for any compensation, as held by thesupreme court in union ..... respondents submitted that after amendment to the railway act in the year 1994 the provisions relating to the payment of compensation to the legal heirs of the deceased in an accident are same in the motor vehicles act, railway act as well as the workmen compensation act. ..... and 124-a in the new act in the year 1994, in the absence of train accident, the railway administration is liable for payment of compensation in case of accident to a passenger and therefore the compensation awarded by the tribunal cannot be interfered with. ..... the arguments advanced by the railways are three fold - (i) that the deceased met with an accident while boarding on a running train and as such this is not an untoward incident to attract the provisions of section 124-a of the act and his legal heirs are not entitled to any ..... though claimed compensation of rs.2,80,000/- by the applicant, taking consideration the amended provisions of the railway accident and untoward incident (compensation) rules, 1990 awarded compensation of rs.3,30,000/- to the applicant in oaa no.14 .....
Tag this Judgment!Court : Allahabad
Reported in : 1991ACJ225; AIR1991All43
..... the claimants had filed the judgment in a cirminal case started against the driver of the bus with relation to accident in question, and in that case the driver javed khan had admitted his guilt and later on convicted under ..... these two appeals have arisen against the judgment and order of imotor accident claims tribunal, bijnor, allowing the claim of respondents and directing the two appellants to pay ..... case the vehicle which had the last opportunity to avoid accident was held liable to the extent of 40% only.9. ..... urged that had the taxi driver waited or slowed down while approaching road intersection, then the accident would not have taken place. ..... rule 21 of the accident claims tribunal rules, uttar pradesh provides the extent to which the code of civil procedure may apply in cases pending before the accident claims tribunal as it is a ..... devi, 1985 (2) accident claims cases 158 ..... in the case 1974 accident cases journal 458 the deceased was loading his rera with grass when the truck proceeding on the (sic) who had suddenly come on ..... the evidence led before him the learned tribunal judge came to the conclusion that both the drivers of the bus, and taxi were negligent in driving their vehicles at the crossing where the accident in, question took place. ..... 7 that the accident could have been ..... judge had held in the concluding paragraph 10 of his judgment that the drivers of both the vehicles were rashly and negligently driving their vehicles and both of them should be held liable for accident. .....
Tag this Judgment!Court : Delhi
Reported in : III(2006)ACC261; 2007ACJ2010
..... the learned tribunal by the impugned order dated 6.12.2004 held that the accident had taken place due to the negligence of the respondent no.1 and thereforee the said respondent along with the respondents 2 and 3 were jointly and severally liable to pay compensation.5. ..... : [1995]1scr75 , has laid down as under :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 time difference between the date of the enactment and the date of the accident is not such, that this aspect requires examination in the present matter. ..... the decision in the case of lata wadhwa (supra) relates to a fire accident in 1989 and thereforee this figure of conventional compensation has to be adequately enhanced to compensate for inflation and declining value/purchasing power of the rupee. ..... in lata wadhwa's (supra) case the fire accident had taken place on 3.3.1989, whereas in the present case the accident had taken place almost 8 years thereafter on 18.11.1997. ..... i am not examining and going into this aspect as the accident had taken place in the present case nearly three years after the enactment of the second schedule. ..... compensation in cases of motor accidents, as in other matters, is paid for reparation of damages. ..... the motor accident claims act, 1988 (hereinafter referred to as the `act', for short) provides for payment of just compensation(see sections 166 and 168 of the act). .....
Tag this Judgment!Court : Karnataka
Reported in : 1994ACJ863; AIR1994Kant338; ILR1994KAR891; 1994(4)KarLJ372
..... the schedule and notwithstanding anything to the contrary contained in schedule-ii it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (exceptfatal accident act 1856) in respect of death or bodily injury to any person not being an employee of the insured nor carried by him or reward provided the person is, (a) the owner or the representative of the owner ..... that he shall not carry passengers in the goods vehicle and yet he carries passengers relying on clause 14 (b) which authorises non-fare paying passengers to travel in such a vehicle on payment of additional premium, in the event of an accident to the vehicle causing death or bodily injury to a passenger in it, whether the insurer is liable for indemnifying the insured in such a case is the question to be considered.21 ..... is true that section 149(2)(a) is held to provide that the insurer may undertake risk of indemnifying the insured in the event of a passenger dying or injuring in the accident involving his goods vehicle in case the insurer offers to accept the contract in a way which is beneficial as is done in this case by accepting additional premium ..... at page 2085 it extracted the provision in the policy relating to legal liability for accidents to non-fare paying passengers who are employees of the insured, but not 'workmen' under the workmen's compensation act and any other non-fare paying passengers wherein additional premium to be paid .....
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