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General Manager, Punjab Roadways, Nangal Depot and anr. Vs. Smt. Santo ...

Court : Himachal Pradesh

Reported in : 1998ACJ608,AIR1997HP36

..... 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 conse-quence of the death of the deceased. ..... so far submissions regarding negligence of the driver as well as the deceased being solely responsible for the accident in question are concerned, those deserve to be rejected outright on the basis of the evidence on record ..... 8 jaswant singh-driver has appeared as a witness and wasstated that the accident in question was not because of any rash and negligent act on his part while working as a driver on the bus in question on the fateful day but it was the result of own acts of negligence of the deceased-om ..... driver and conductor of the bus in question and, in fact, the accident was the result of sole negligence on the part of om parkash chadha, who in order to catch the connecting bus to bagli for reaching home, jumped from the ..... even otherwise, on the basis of the materials on record, the accident being the result of clear-cut negligence on the part of the driver stands duly proved beyond shadow of doubt and thus, those findings are ..... pw-3 is baldev singh, who is an eye-witness of the accident and who has given the details the manner in which accident had occurred, he is the person who had taken the deceased to hospital in a taxi and also informed on phone the police at police station at kangra as also his .....

Smt. S. Bhagyalaxmi Vs. Union of India (Uoi), Through the General Mana ...

Court : Mumbai

Reported in : I(2006)ACC731; 2006ACJ1559; AIR2006Bom53; 2006(1)ALLMR379; 2006(1)BomCR14; 2006(1)MhLj818

..... 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 be payable in respect of each such injury.provided further that the total compensation in respect or all such injuries shall not exceed rupees twenty thousand.'6. ..... as all the appeals are arising out of a common accident and as the issues are same and as contended by all the parties, by this common judgment these appeals are ..... on the date of accident, undisputedly, railway accident (compensation) rules, 1989 (for short 'compensation rules, 1989') dated 19th september, 1989 issued in exercise of the powers conferred by section 82a of the railways act, 1890 and in supersession of the earlier rules, were ..... five appeals filed by the respective claimants/appellants against the judgment and order dated 29th june, 1989 passed by the joint civil judge (senior division) thane (railway accident tribunal) in railway accident claim nos. ..... these rules defined accident 'of the nature described in section 82 a of the railways act ..... the railway accidents and untoward incidents (compensation) amendment rules, 1997 which are in force since 1st ..... met with an accident between byculla and chinchpokli railway station of central railway, bombay, in which the claimants/appellants sustained various injuries on various parts of the body as mentioned and referred in .....

National Insurance Company Ltd.

Court : Karnataka

Reported in : AIR1992Kant3

..... and notwithstanding anything to the contrary contained in section ii-1(c) it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except the fatal accidents act 1855), in respect of death of or bodily injury to any person not being an employee of the insured nor carried for hire or reward whilst being carried in or upon or entering or ..... anything to the contrary contained in section ii-1(c) it is hereby understood and agreed thai 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 nor carried for hire or reward 'provided the person is' (a) the owner or representative ..... said cases, the insurance company had contended that it was not liable to pay compensation awarded in as many as 16 claim petitions on the ground that at the time of accident the vehicle was not being used by the owner but he had given the vehicle on hire to an educational institution whose employees were being carried in the vehicle and therefore there ..... give a free lift to all the passengers on the ground that they are going for a holy place or to attend a function or to attend a jatra, and in the course of the journey the accident takes place and the claims for compensation arise on account of death or bodily injury to the persons who are travelling in such vehicle. .....

Shripat Shankar Panchal Vs. Municipal Corporation for Gr. Bombay

Court : Mumbai

Reported in : 2007(6)MhLj478

..... a mind in common sense-expect that such officers or any such person after leaving and/or closing the work which is in progress should take all necessary measures to see that there should be no accident and therefore to keep guard only at some hours and left the spot uncovered and unprotected at night itself is a case of clear negligence from the side of staff of the bmc. ..... have been placed and/or put so that whosoever passes by come near the said manhole are away and/or should know that there is a big ditch and work is still in progress to avoid any fall or accident;(e) the boy/deceased fell into the ditch when there was no watchman and as there was no proper protective measure taken by the m.c. ..... the apex court has further observed even for the death of house wife in fire accident for the value of service rendered by her to house even though was not working, on modest estimation should be ..... (sc), while considering the quantum of compensation based on the assessment of the just compensation in the case of death of boy aged 13 years granted the compensation to the parents taking the assistance of 2nd schedule to the motor accident act, 1988, section 66, as income of non-earning member was a sum of rs. ..... that under the bmc act they do not have any provision to pay any claim such as no fault liability and/or lumpsum amount to the parents or any person related to the deceased who died in such accident or incident, whether it is because of negligence or no negligence of the corporation. .....

New India Assurance Co. Ltd., Cuttack Vs. Nasim Khan and ors.

Court : Orissa

Reported in : II(1992)ACC696; 1992ACJ418; AIR1991Ori200

..... local inspection : -- (1) the claims tribunal may at any time during the course of an inquiry before it visits the site at which the accident occurred for the purpose of making a local inspection or examining any persons likely to be able to give information to the proceeding. ..... i findthat item 14 of the claim petition stating particulars of the vehicle which caused the accident has been denied by the owner in his written statement in paragraph-4. p.w. ..... 2 who was with the deceased at the time of accident was not cross-examined and owner accepted the evidence recorded to be the evidence for the purpose of the case, i cannot draw an inference that mr. ..... under rule 10, tribunal may visit the site of accident for local inspection or for examining any person likely to be able to give information to the proceeding. ..... 20 of the orissa motor vehicles (accident claims tribunals) rules, 1960 (hereinafter referred to as the 'tribunal rules'). ..... the second motor accidents claims tribunal, cuttack) considered the question of applicability of order 9, c.p.c. ..... i was not at the place of accident at the time of accident. p. w. ..... it may also inspect the vehicle involved in the accident as provided in rule 11. ..... 7 caused accident with the deceased resulting in fatal injuries sustained by him. .....

Sailendra Nath Banerjee Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1988Cal333

..... pal to the effect that in terms of sub-rule (3) read with sub-rule (4) of rule 6 of the railways accident (compensation) rules, 1950 as amended by the railway accident compensation (amendment) rules, 1974, the amount of compensation shall be payable in respect of each injury sustained by the victim claimant which the claims commissioner may in all the circumstances of the case determine to be reasonable. ..... 10,000/- under sub-rule (3) of rule 6 relates to each injury resulting in pain and suffering which a victim of the accident sustained on account thereof, subject to the maximum overall statutory limit of rs. ..... the opposite party admitted that as a result of the accident of the ill-fated train, the petitioner sailendranath banerjee received injuries on the scalp and fractural injury on the right leg. ..... as a result of the accident the petitioner sailendranath banerjee lost his brief case containing therein a woolen sweater, bunch of keys and a cash of rs. ..... as a result of this accident, the petitioner sustained injuries and became unconscious. ..... is quoted lereunder :'for all these reasons we are unable to accept the contentions made on behalf of the union of india limiting compensation under sub-rule (3) of rule 6 10 all injuries together as may be suffered by the victims of the accident. ..... 460/- and odd as his salaries and allowances per month at the time of the accident. .....

Smt. Supla Devi and anr. Vs. Ramesh Kumar and ors.

Court : Himachal Pradesh

Reported in : II(2007)ACC152,2008ACJ288,2006(2)ShimLC153

..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation.for the purposes of this sub-section, 'permanent disability' shall have ..... brothers, sisters and brothers children and sometimes foster children live together and they are dependant upon the bread-winner of the family and if the breadwinner is killed on account of a motor vehicle accident, there is no justification to deny them compensation relying upon the provisions of the fatal accidents 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 ..... these provisions are in consonance with the principles of law of torts that every injury must have a remedy, it is for the motor vehicles accidents tribunal to determine the compensation which appears to it to be just as provided in section 110-b of the act to specify the person or persons to whom compensation shall be paid. ..... the tribunal appears to have assumed wrongly that all legal representatives of the deceased persons who died in the accident should be dependent upon the deceased and only those dependants are entitled for claiming compensation.16. .....

Sardar Ishwar Singh, Truck Owner and anr. Vs. Himachal Puri and ors.

Court : Madhya Pradesh

Reported in : I(1990)ACC425; II(1990)ACC5; 1990ACJ965; AIR1990MP282

..... learned tribunal, on appreciation of evidence adduced by the parties, came to the conclusion that the accident took place because the truck was being driven in high speed and hence rashly and negligently. ..... it is true that courts and tribunals in india have applied section 1a of the fatal accident act, 1855 to assess damages, but even said provision when applied to a (case) covered by the act, has been read with section 110b which makes it obligatory on the tribunal to award 'just ..... in a very high speed and therefore in rash and negligent manner and met with an accident killing the aforesaid three persons who had been taken as passengers. ..... provision therefore seeks to secure social justice to the representatives of the victims of road accidents and to that extent, modifies the substantive law of this country. ..... is also no evidence in support of the defence that the accident was the result of the burst of front tyre of the vehicle ..... mahta, motor accident claim case ..... the accident, according to the appellants was for reasons beyond ..... was specifically submitted that one of the tyres of the front wheel of the vehicle got suddenly burst resulting in the accident as aforesaid. ..... of the act provides for fault liability in cases of 'death or permanent disablement of 'any person' resulting from an accident. ..... air 1989 madh pra 105 also held that though this provision was not retrospective in operation, it can certainly be taken into consideration in determining compensation in case of fatal accidents. .....

Mrs. M.J. Stone and ors. Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

..... these three first appeals are directed against the decision of the motor accident claims tribunal under section 110-b of the motor vehicles act, 1939. ..... the other dispute with which i am at present concerned is the liability of the union of india or of the respondents 1 to 3 for this accident in this connection reference need be made to three statements of mangat ram (p. w. ..... all the five persons died as a result of that accident accordingly the heirs of the deceased instituted claims before the motor accident claims tribunal and four such applications were filed.2. ..... rule 20 of the motor accident claims tribunal rules, 1960 enumerates such other dowers and the learned counsel pointed out that order 32, rule 7 of the civil p. c. ..... rule 7 is applicable in a proceeding before a motor accident claims tribunal. ..... the tanker being on the wrong side was hit by the military truck, with the result that a very unfortunate accident took place. ..... mangat ram reached the spot immediately after the accident. .....

Abdul Rashid and anr., Etc. Vs. Ram Dayal and ors.

Court : Rajasthan

Reported in : AIR1986Raj30

..... shri lodha pointed out that it is established law that the motor accident claims tribunal where the district judge can be appointed as presiding officer of the tribunal, is not a court simpliciter but a persona designata and, therefore, unless the person appointed is qualified for and competent enough ..... by abdul rashid, an additional point was raised that since the driver of the vehicle died, his legal representative could not have been brought on record he relied upon rule 20 of the accident claims tribunal (rajasthan) rules, 1964 which reads as under :'20. ..... it was then argued that the presiding officer of the accident claims tribunal need not be the district and sessions judge only, as according to the provisions contained in section 110(3) of the motor vehicles act, 1939 (hereinafter referred to as 'the act'), a person shall not be ..... opinion, in the instant case, it has come on record that viewed from each and every angle, shri pratap singh yadav's appointment as member of the accident claims tribunal at bundi was valid and justified.19. ..... of this, shri pratap singh yadav had completed 10 years in judicial services of rajasthan and he was qualified to be appointed as a high court judge and consequently he was qualified to be appointed as member of the accident claims tribunal under section 110(3) of the act.14. ..... according to him, the motor accident claims tribunal which gave award was presided by shri pratap singh yadav, additional district and sessions judge only and, not .....