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U.P. State Road Transport Corporation Vs. Krishna Bala and ors.

Court : Supreme Court of India

Reported in : III(2006)ACC361; 2006ACJ2114; AIR2006SC2688; 2006(4)AWC3170(SC); [2006(4)JCR42(SC)]; JT2006(6)SC327; RLW2006(4)SC3176; 2006(7)SCALE92; (2006)6SCC249

..... 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. ..... challenge in this appeal is to the judgment of a division bench of the allahabad high court which dismissed the first appeal filed by the appellant against the award passed by a motor accident claims tribunal (xii additional district judge, meerut) (in short the 'tribunal'.)2. ..... 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. ..... the accident took place on 29.11.1990. ..... 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. ..... one rajveer singh (hereinafter referred to as the 'deceased') died in a motor accident on 29.11.1990. .....

K.M. Krishna Gounder Vs. P.N. Narasingam Pillai and ors.

Court : Chennai

Reported in : AIR1962Mad309

..... it is one thing that gives damages to the person injured in an accident, but you cannot give damages to the dead man, and the house of lords was obviously impressed with the awarding of large damages to one person because another person has had his or her life ..... the bereaved father could only say that, if his son had met with the accident, he would have earned rs.50 or rs. ..... they claimed damages under the fatal accidents act to the extent of rs. ..... the claim for damages is based upon the provisions of the indian fatal accident act, 1855. ..... the boy died almost instantaneously after he was run over and the evidence was that the boy died within half an hour of the accident. .....

Sanjay Sampatrao Gaikwad Vs. Union of India (Uoi)

Court : Mumbai

Reported in : II(2006)ACC424; 2006ACJ656; AIR2005Bom409

..... the actual amount of compensation payable under section 124 (or section 124a) pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as ..... the section 124a, which speaks of compensation on account of any untoward incidents, provides that when in the course of working of a railway, an untoward accident occurs, 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 ..... the rules framed under section 82a of the indian railways act, 1890 being the railway accident (compensation) rules, 1989, and particularly the rule 3 thereof, provides that the amount of compensation payable in respect of death ..... nowhere laid down the proposition of law that invariably the claimants would be entitled for interest either from the date of accident or from the date of filing of the application or even from the date of the judgment. ..... accordingly, if the passenger gets injured while travelling through a train on account of any accident or wrongful act or neglect or default on the part of the railway administration or suffers loss on account of any action attributed to the railway administration, such a passenger would be entitled to be compensated by .....

Veenadevi Jalan Owner of Krishna Agency Vs. Boregowda S/O. Shivegowda ...

Court : Karnataka

Reported in : 2008ACJ2396; 2007(6)KarLJ589; AIRKarR27.

..... 150/-and notwithstanding anything to the contrary contained in section ii-i (c) it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except fatal accident act, 1855) in respect of death of or bodily injury to any person not being an employee of the insured and not a carried for hire or reward provided that the person is:(a) charterer or representative of the charterer or of the truck;(b) any ..... it is his primary contention that the as a result of the accident an injury has occurred to a gratuitous passenger carried in a goods vehicle. ..... the injured person in the accident being a gratuitous passenger, the liability did not require coverage of any such risk. ..... admittedly, the accident has occurred in the year 1993 and well prior to the amendment act 54 of 1994. .....

Om Prakash Malhotra Vs. Smt. Nirla and Others

Court : Allahabad

Reported in : 1992ACJ993; AIR1992All233

..... under order 9rule 7 of the code of civil procedure, 1908,(for short the code), is the short but significant question that falls for determination inthis civil revision filed by opposite parties(the defendant) in a motor accident claimpreferred by opposite parties 1 to 6 against theapplicant, the owner of the vehicle andopposite party no. 7. 2. ..... whether a motor accident claims tribunal constituted u/s. ..... motor accident claims tribunal rules, 1967, (for short the rules), they would continue to apply till the new rules were framed and under rule 21 the provisions of the code, particularly order 9 has been made ..... 2 died in an accident caused by the truck belonging to applicant. .....

National Insurance Co. Vs. Minor Ramanbhai Fulabhai Bhoi and ors.

Court : Gujarat

Reported in : [1985]58CompCas297(Guj); (1982)2GLR458

..... to the contrary, the company shall indemnify the insured against his legal liability under : the workmen's compensation act, 1923, and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855, or at common law, in respect of personal injury to any paid driver (or cleaner or conductor or person employed in loading and/or unloading whilst engaged in the service of the insured in such occupation in connection with the ..... the respondents resisted the claim made by the appellant and contended that the accident on account of which the appellant suffered injuries was not caused by the negligence of respondent no. ..... 3, it was contended that it was not liable to compensate for the occurrence of the accident as the appellant was travelling by a vehicle which was primarily meant for carrying goods and not passengers. ..... 53 of 1978, before the motor accidents claims tribunal, kaira at nadiad and claimed a sum of rs. ..... the endorsement indicates an additional liability to indemnify the insured against the legal liability under the workmen's compensation act, 1923, and subsequent amendments to that act prior to the date of the endorsement, the fatal accidents act or at common law. ..... it is, therefore, apparent that in view of this wider coverage, the insurance company must reimburse the appellant in respect of the entire liability arising out of the accident in question. .....

State of U.P. Through Secretary, Home Department and anr. Vs. Lal Moha ...

Court : Allahabad

Reported in : 2003(4)AWC3322

..... , a photostat copy of the certified copy of which has been filed by the respondent, in which it was held that the orders passed by the district judge/additional district judge passed as motor accident claims tribunal will be amenable to revislonal jurisdiction of the high court under section 115 of the code of civil procedure. ..... motor accident claims tribunal rules, 1967. .....

V. Venkadasalam Vs. Pallavan Transport Corporation Ltd. (Presently Kno ...

Court : Chennai

..... as such, the tribunal, on considering that the petitioner had received treatment for injuries sustained in the accident for a period of six months and further on holding that the petitioner had been earning an income of ..... as a result of this, he had sustained fractures of his bone; that he had taken treatment, as an inpatient, at government general hospital for a period of two months; that subsequent to this, he had taken treatment at a private hospital; that the accident had been caused only due to the fault of the respondent's bus driver.11. ..... the relevant principles relied on while assessment of compensation is as follows: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. ..... imposed on him by the criminal court were of the opinion that the accident had been caused only by the fault of the respondent's bus driver. ..... the bus was proceeding on the north side fort street, the petitioner driving his scooter in a rash and negligent manner had dashed against the bus; that after the accident, he had arranged for the petitioner to be admitted at government general hospital; that the accident had happened only due to the fault of the petitioner. ..... appearing for the appellant has contended in his appeal that the tribunal failed to consider that the claimant was about only 32 years at the time of accident and that the permanent disability incurred by him was irreparable. .....

Ajoy Kumar Singh Vs. Pata Dei and ors.

Court : Orissa

Reported in : AIR1982Ori51

..... been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or(b) that there has been a breach of a specified condition of the policy, being one of the following conditions ..... exemption of liability.section 96(2) of the act provides that the insurer shall be entitled to defend an action on two grounds, namely --'(a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has ..... 1 nor his driver was examined in spite of orders of the tribunal, there can be no escape from the conclusion that the vehicle at the time of causing the accident was being driven by a person either without any authority from the owner of the vehicle or by a person without any driving licence. ..... nor rule 7of the orissa motor vehicles rules (accident claims tribunal) rules, 1960 casts any duty upon the defendant to file written statement, unless the tribunal specifically called upon to file written statement.rule 7 of the claims tribunal rules, 1960 reads as follows : .....

Union of India (Uoi) and anr. Vs. Urmil Gupta and ors.

Court : Punjab and Haryana

Reported in : I(2001)ACC105; 2001ACJ416; (2000)125PLR843

..... shall not with standing 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 ..... is further contended that the alleged incident was not a train accident within the meaning of section 124/124a of the railway act. ..... the case of the respondents is that rajinder kumar met with an accident while travelling in inter city train which was on its way to rohtak-jind from delhi-bahadurgarh on 22.9.96 to 3.13 ..... extent of liability:- when in the course of working a railway, an accident occurs, being either a collision between trains of which one train is a train ..... as issue no.2 is concerned, the question is whether the accident falls within the purview ofsection 124 or 124a'of the act. ..... the deceased received fatal injuries because of the accident and hence a petition was filed for compensation ..... 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 entitled a passenger who has been ..... it is contended that the alleged accident was self invited one and the deceased died due to his own .....