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Nurani Jamal and Others Vs. Naram Srinivasa Rao and Others

Court : Andhra Pradesh

Reported in : I(1995)ACC344; 1994ACJ222; AIR1994AP6; 1993(1)ALT686

..... under the head 'loss to the estate of the deceased' damages could be claimed towards pain and suffering, loss of earnings and other damages actually suffered by the victim between the date of the accident and the moment of death, damages towards loss of personal property and damages towards loss of expectation of life may be awarded. ..... the amount that was spent in respect of the treatment he took for the injuries received in the accident and therefore, as the loss is to the estate of the deceased, they are entitled to continue ..... up forconsideration, 'whether death destroys the right of action :the division bench of the patna high court, held as follows (at page 551):--'this rule has been whittled down by certain statutes such as fatal accident act, 1846, the land reform (miscellaneous provisions) act, 1934 and other enactments. ..... that was spent in respect of the treatment he took for the injuries he received in the accident, as there was loss to the estate, they are entitled to come on record. ..... said decision, one venkateswara rao sustained injuries in a motor accident and, therefore, he filed o.p.149/66 claiming compensation under ..... jaheen jamal alias rumani died in another motor accident on 3-4-1987 leaving behind him petitioners nos. ..... in o.p.79/86 on the file of the iii additional motor accidents claims tribunal (iii additional district judge) kakinada.2. ..... alias rumani, filed o.p.79/86 claiming compensation for the injury sustained by him in a motor accident against the respondents. .....

Union of India (Uoi) Vs. Ad-hoc Claims Commissioner and anr.

Court : Allahabad

Reported in : AIR1973All342

..... shall, 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 owned by the passengers and accompanying the passenger in his compartment or on the train, sustained as a result of such ..... , being either a collision between trains of which one is a train carrying passengers or the derailment of or other accidents 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 person who has been injured or ..... provided that where more than one injury is caused by the same accident compensation khali be payable in respect of each injury but so that the aggregate amount of compensation does not exceed the amount which would have been payable if a total disablement had resulted from such injuries: provided ..... on the night between the 20th and 21st june, 1969, 6-down allahabad-gorakhpur express train met with an accident between jakhanian and dulahpur railway stations. ..... section 82-a of the railways act provides for liability of railway administration in respect of accidents to trains carrying passengers. .....

Union of India (Uoi), Rep. by the General Manager, South Central Railw ...

Court : Andhra Pradesh

Reported in : III(2006)ACC652; 2006ACJ1470; AIR2005AP444; 2005(5)ALT541

..... insofar as the other contention that the claimant is not a bona fide passenger as the ticket was not traced and the accident occurred due to carelessness and negligence on the part of the applicant it is stated that the railways have not adduced any evidence with regard to the negligence and carelessness on the part ..... as the ticket is concerned he clearly gave an explanation that he handed over the ticket to his mother and when the accident occurred, his mother in a confused state of mind had lost the ticket, which contention was not at all rebutted by the ..... the applicant filed the following documents - ex.a-1 is the general diary of the grp regarding the accident; ex.a-2 is also the general diary of the grp palasa, regarding the admission of the applicant in berhampur hospital, ex.a-3 is the orthopaedically handicapped certificate, ex.a-4 is the concession certificate for orthopaedically handicapped people and two photographs ..... prospective effect of act 28 of 1994 held that the language used in section 124a of the act is couched in a very wide and general terms and is not restricted to take within its embrace only such accidents wherein a passenger has been injured or killed subsequent to that date. ..... held that the expression untoward incident given in section 123(c) of the act must be extended to the accidents occurred prior to the amended act came into force. ..... the railways that amended rules are not operative for the accident occurred prior to 1997 was rejected by the apex court.17 .....

The New India Assurance Company Limited Vs. Smt. Kalpana and ors.

Court : Supreme Court of India

Reported in : I(2007)ACC356; 2007ACJ825; AIR2007SC1243; 2007(2)ALD122(SC); 2007(1)CTC523; [2007(2)JCR41(SC)]; JT2007(2)SC353; 2007(4)MhLj411; (2007)2MLJ1173(SC); 2007(2)SCALE227; (2007)3

..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v. ..... the mact on consideration of the evidence brought on record dismissed the claim petition on the ground that the accident took place on account of negligence of the deceased. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... before the high court the claimants had questioned the judgment passed by the motor accident claims tribunal/addl. ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the death. ..... in the accident the deceased sustained grievous injuries and he was taken to the base hospital, haldwani from where he was referred to bareilly for better treatment. ..... he was about 33 years of age at the time of accident. .....

Dinesh Singh Vs. District Judge, Ghazipur and Another

Court : Allahabad

Reported in : 2002ACJ2034; 2000(3)AWC1921

..... against the order dated 6.8.1994 passed by the district judge, ghazipur, acting as motor accident claims tribunal, rejecting the application of the appellant under order ix. ..... are applicable to the motor accident claims tribunal and therefore, remedy of appeal provided under c.p.c. ..... 31 of 1989 in the court of motor accident claims tribunal /district judge. ..... bigni devi in a motor accident, which took place on 5.5.1989 at 1.00 p.m. ..... motor vehicles rules, 1998 as well as rule 21 of the accident claims tribunal(u. p. ..... 2 filed motor accident claim pelition no. ..... in respect of a proceeding arising out of motor accident claims.15. .....

The Managing Director, Tnstc Ltd. Vs. K.i. Bindu and ors.

Court : Supreme Court of India

Reported in : IV(2005)ACC350; 2006ACJ423; AIR2005SC4425; 2006(1)ALT11(SC); 2006(1)AWC19(SC); [2006(1)JCR45(SC)]; JT2005(10)SC501; (2006)142PLR224; (2005)8SCC473

..... challenge in this appeal is to the judgment rendered by a division bench of the kerala high court affirming the award made by the motor accident claims tribunal, neyyattinkara (in short the 'tribunal'), disposing of an application filed under section 166 of the motor vehicles act, 1988 (in short the 'act').3 ..... thus 'except where there is express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the fatal accidents acts must take into account any pecuniary benefit accruing to that dependant in consequence of the death of the deceased. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v ..... great changes were brought about by the fatal accidents act 1846 (now fatal accidents act 1976) and the law reforms (miscellaneous provisions) act ..... consideration of the claimant's case relating to the accident, high court felt that there was no. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the ..... was no definite material to infer that deceased by his negligent acts contributed to the accident.6. .....

State of Tripura Vs. Tapan Kumar Dhar and anr.

Court : Guwahati

..... while determing just compensation in a case of fatal accident, tribunal must have regard to the principles referred to in ss. ..... 1a and 2 of the fatal accident act, and the law of torts. ..... considering the scale of pay enjoyed by the deceased, tribunal fixed her average income from her job from the date of accident till date of retirement at rs. ..... veluswami, air 1962 sc 1, the supreme court considered the principles underlying the provisions of the fatal accident act, 1855. ..... her husband was aged about 39 years the son was aged about 3 years at the time of the accident. ..... aparajita majumdar was aged about 34 years at the time of the accident. ..... respondents are husband and son of aparajita majumdar, who died in a motor vehicle accident on 2-5-84. .....

Suo-motu-proceeding Vs. State of Gujarat and 3 ors.

Court : Gujarat

Reported in : I(2008)BC192; (2007)2GLR2267

..... registrar general of the high court has appeared and placed on record the communication dated 25.05.2007 intimating all principal district judge/motor accident claim tribunal, for the order passed by this court as well as to comply the directions issued by this court vide paragraph ..... shall ensure that the prima facie reasons recorded and the present order is communicated to each principal district judge and motor accident claims tribunal(main) functioning in each district of gujarat state for information to all motor accidents claim tribunal functioning in such districts and the reference court functioning under the land acquisition act. 5. ..... receipt and the matters are subjudice before this court.similar can be the situation even in respect of investments made by various tribunals gujarat state functioning under the motor accident act on account of the award passed by it for which, no appeals are preferred before this court. ..... all concerned courts under the land acquisition act and all motor accident claim tribunals functioning under the motor vehicle act in the state of gujarat, shall undertake the exercise of premature encashment of all investment made during the period of 2003 to 2006 at the rate ..... it is further directed that the principal district judge/motor accident claims tribunal (main) shall place such information in the notice board of the tribunal concerned/reference court concerned under the land acquisition act, inviting submissions or suggestions, if any, by giving .....

Chandrakala and ors. Vs. Kanwar Singh and ors.

Court : Rajasthan

Reported in : III(2006)ACC96; RLW2006(2)Raj1338; 2006(2)WLC730

..... and brothers' children and sometimes foster children live together and they are dependent upon the bread winner of the family and if the bread winner is killed on account of motor vehicle accident, then there is no justification to deny them compensation relying upon the provisions of the fatal accident act, 1855 which as we have already held has been substantially modified by the provisions contained in the act in relation to cases arising out of motor vehicles ..... kesar dev's parents and brother and sisters filed a claim petition before the motor accident claims tribunal, jhunjhunu, wherein they sought a compensation for rs. ..... on 10.9.1989, while returning with three friends on his motorcycle, kesar dev met with an accident with a bus driven by respondent no. 1. ..... according to them, the accident occurred because suddenly a goat kid ran across the road, which the deceased tried to avoid. .....

Joao Cabral Vs. Smt. Mira Namdev Naik and Others

Court : Mumbai

Reported in : [1991]70CompCas471(Bom)

..... in support of the order, the learned judge has relied on the post-mortem report as also the panchanama of the scene of accident and, on this basis, he has made the said award. 4. ..... the fundamental basis for granting relief under section 140 of the act is that death of permanent disablement of any person has resulted from an accident arising out of 'the use of a motor vehicle'. ..... the respondents preferred their claims before the motor accidents claims tribunal, south goa, margao. ..... i remand the matter to the tribunal with a direction that the learned judge shall try, as a summary trial, the question whether the motor cycle of the petitioner was involved in the accident or not. ..... in the result, it becomes necessary for me to have this order set aside and remand the matter to the tribunal for the purpose of deciding this question as to whether the petitioner's vehicle was involved in the accident or not. 8. ..... respondents shall execute a bond undertaking to return to the petitioner the amount of compensation paid to them if, at the end of the trial of the main application, it was found that the motor cycle was not involved in the accident at all. 3. ..... the said deceased, namdev, died in consequence of the injuries sustained by him in the accident. .....