Court : Punjab and Haryana
Reported in : AIR1970P& H506
..... this objection was overruled by the tribunal on the short ground that the state government had amended motor accident claims tribunal rules, 1964 (hereinafter referred to as the rules), whereby in rule 20 of these rules, order 21 of the code of civil procedure had been added. ..... this appeal is directed against the order of the motor accidents claims tribunal awarding certain amount against the driver of the motor-cycle in an award made under section 110-b of the motor vehicles act (act no. ..... it was a summary remedy provided in the case of an accident; and if effect is not given to rule 20, as amended, it will really defeat the obiect of section 110-e. ..... an application was made by the person who was injured in the accident to recover the amount allowed to him under the award before the motor accidents claims tribunal, kapurthala. .....
Tag this Judgment!Court : Orissa
Reported in : 2001ACJ1515; 89(2000)CLT49; 2000(I)OLR53
..... the fee payable in claim application as well as in appeal arising therefrom is governed by the provisions contained in rule 22 of the orissa motor vehicles (accidents claims tribunals) rules, 1960, framed under the provisions contained in the motor vehicles act. ..... vehicles act, 1988, envisages that state government may establish one or more motor accident claims tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the motor vehicle ..... however, in exercise of power under rule 22 of the orissa motor vehicles (accidents claims tribunals) rules, 1960, which can be exercised by an appellate court, as has been observed in the decision reported in 1995 (ii) olr 217 (supra), the appellants are exempted ..... onward transmission to the state to consider the question of effecting appropriate amendment in the court-fees act and/ or in the orissa motor vehicles (accidents claims tribunals) rules, 1960, to remedy the anomalous situation. ..... under rule 22(2) of the orissa motor vehicles (accidents claims tribunals) rules, 1960, there is a provision for exemption from paying the court-fee, but under the proviso to rule 22(2), it is laid down that in case the claim application is allowed, ..... -a of the motor vehicles act, 1939, which has been repealed by the motor vehicles act, 1988, the state government had framed the rules, known as the orissa motor vehicles (accidents claims tribunals) rules, 1960. .....
Tag this Judgment!Court : Delhi
Reported in : II(2002)ACC245; 2004ACJ220; 2002VIAD(Delhi)124; 97(2002)DLT982; 2002(62)DRJ636
..... by means of this petition under article 227 of the constitution, the petitioner seeks quashing of an order dated 16th november, 2001, passed by the judge, motor accident claims tribunal, delhi, thereby dismissing applications of the petitioner under order 9 rule 4 read with section 151 of the limitation act seeking restoration of the petitioner which was dismissed in default.2. ..... the facts leading to the present petition are that on 18th march, 1994, the petitioner had filed a petitioner under the motor accident claim act for award of the compensation in regard to the accidental death of her only son of young age. .....
Tag this Judgment!Court : Guwahati
..... clauses (a) and (b) of sub-section (2) on the other hand prescribe the limits of the liability of the insurer incurred under the policy of insurance issued in compliance with the requirements of chapter viii in respect of any one accident as a result of the use in a public place of the vehicle insured indicating simultaneously the types of vehicle and the persons and classes of persons, indicated albeit in sub-section (1) (b), in relation to which the limits are ..... or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises;(iii) *** *** ***(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely--(a) x x x x x x x(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, in respect of persons other than passengers carried for hire ..... of section 110-b (even after the amendment of 1969) by which the tribunal was enabled to 'specify the amount' payable by 'the insurer or owner or driver of the vehicle involved in the accident or by all or any of them as the case may be' does not derogate from this position. ..... the fact that more than two decades have elapsed since the accident stared us in the face, as a budding precious human life was lost for which law could not provide even a poor recompense to the family which, as appears from records, belongs .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it runs counter to those decisions which underscored the importance of compliance with rule 10a (see eg van der merwe v road accident fund (womens legal centre trust as amicae curiae) [2006] zacc 4; 2006 (4) sa 230 (cc) para 7; road accident fund v mdeyide (minister of transport intervening) [2007] zacc 7; 2008 (1) sa 535 (cc) para 27). ..... order of the high court is set aside and replaced as follows: (a) the defendant is to furnish an undertaking in terms of section 17(4)(a) of the road accident fund act 56 of 1996 for future medical expenses incurred by the plaintiff. ..... order of the high court is set aside and replaced as follows: (a) the defendant is to furnish an undertaking in terms of section 17(4)(a) of the road accident fund act 56 of 1996 for future medical expenses incurred by the plaintiff. ..... this does not mean, as was suggested, for instance, in louw v road accident fund (supra) at para 82, that the fund can avoid and frustrate every claim against it indefinitely by simply not taking a decision either ..... and matrix of the legislative scheme [3] as to the history of the legislative scheme, the provisions of sections 17 and 17(1a) that i have referred to were introduced into the act by the road accident fund amendment act 19 of 2005 which took effect on 1 august 2008. ..... judges sitting as court of first instance: road accident fund v duma nicholls j; road accident fund v kubeka trisk aj; road accident fund v meyer coetzee aj; and road accident fund v mokoena mbha j 1. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000ACJ435; 1999(2)AWC1659
..... before the omission, subsection (3) provided as follows :'no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident :provided that the claims tribunal may entertain the application after the expiry of the said period of six months but not later than twelve months if it is satisfied that the ..... of dhannalal (supra), a submission was made before the apex court that the 'sword of liability of paying compensation in respect of accident caused by motor vehicle should not be permitted to hover on the head of the person owning the said vehicle and person driving such ..... is to be found in the same decision of the apex court in which an example was given to explain the matter, which is as follows :'suppose an accident had taken place two years before 14.11.1994 when sub-section (3) was omitted from section 166. ..... now the moot point for consideration is whether the claim petitions filed in respect of the fatal accident which had taken place in the year 1991 can be maintained after the expiry of the period ..... of the state that the amending act of 1994 is prospective in operation and cannot be applied in respect of the accident which had taken place prior to 14.11.1994, the date on which subsection (3) came to be deleted. ..... realised the grave injustice and injury which was being caused to the heirs and legal representatives of the victims who died in accidents by rejecting their claim petitions only on the ground of limitation. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC453
..... of considering the application filed by the petitioner for permission to file claim petition by them for the compensation for the death of their daughter pinky in the motor accident as a result of injuries sustained by her in the accident, the tribunal is under no legal obligation to go on the merits of the claim. ..... when they were travelling in the offending bus the driver of it was driving the same rashly and negligently and as a result of which near village soha the bus was met with an accident in which petitioners and his daughter pinky sustained grievous injuries. ..... this is a case where in case the order of the motor accident claims tribunal impugned in the petition is allowed to stand it will result in causing injury and prejudice ..... to be decided by the motor accident claims tribunal under the impugned order.3 ..... for the parties.the challenge has been made by the petitioner by this petition under article 227 of the constitution to the order of the motor accident claims tribunal, dholpur dated 16.9.2000 (annexure-3).2. ..... not only this the motor accident claims tribunal has decided the application on the ground which otherwise was not ..... the approach of the motor accident claims tribunal in this matter is contrary to the basic conception, purpose and object for which this provision has been enacted in ..... it is a case where the motor accident claims tribunal has not considered socio-economic aspect of this provision as well as the fact that the petitioners have independent right to .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC211
..... however, in the facts of the present case it is provided that any amount paid by the petitioner in terms of the award of the motor accident claims tribunal if found to be part of liability apportioned to the uttaranchal state road transport corporation, it shall be open to the petitioners to seek recovery of the amount paid in accordance with law, from the uttaranchal state road transport ..... it is not in dispute that at the time the vehicle met with the accident the same was exclusively the property of the u.p. ..... 29/1190 which was involved in the accident giving rise to the claim petition, belonged to a depot which is now within the territorial limits of the state of uttaranchal, hence the liability to pay compensation for the accident involving the said vehicle, on the formation of the uttaranchal state road transport corporation is of the uttaranchal state road transport corporation only. ..... it is admitted that the award of the motor accident claims tribunal dated 19.12.2003 has not been subjected to challenge and has become final between the parties. ..... state road transport corporation, lucknow through its regional manager has filed this writ petition with the prayer that the order dated 03.07.2004 passed by the motor accident claims tribunal, ghaziabad in execution case no. ..... 76 of 2003 before the motor accident claim tribunal, ghaziabad claiming compensation due to the death of one rakesh because of rash and negligent driving of the corporation's bus.4. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... this case has to do with the substantive and procedural legal requirements that follow consequent upon the rejection by the road accident fund (raf) of the assessment by one of its own experts that an injury which had been sustained in a motor ..... [14] in both the high court and this court the raf relied strongly on the following passage from road accident fund v duma and three similar cases:[3] the decision whether or not the injury of a third party is serious enough to meet the threshold requirement for an award of general damages was conferred on the ..... [2] the issues arise from changes to the legislative scheme of the road accident fund act 56 of 1996 (the act), which took effect on 1 ..... the order of the high court that the road accident fund is to pay the plaintiff the sum of r350 000 as general ..... these changes were introduced by the road accident fund amendment act 19 of 2005 (the amendment act) together with road accident fund regulations (the regulations) promulgated in terms of the ..... the order of the high court that the road accident fund is to pay the plaintiff the sum of r350 000 as general ..... [7] meyer v road accident fund [2013] zagnphc 446 (4 december 2013) ..... in meyer v road accident fund[7]potterill j expressly disagreed with the correctness of weiner js decision, holding it to ..... [33] in road accident fund v lebeko[15]this court held that, in the absence of the prescribed assessment having been made in terms of the regulations, the high court could not make an order for the .....
Tag this Judgment!Court : Guwahati
..... of failure to observe the terms and conditions of the policy, or violation of the provisions of the act, the insurer cannot be held liable, that in any event, the insurer cannot be held liable since on the date of the accident the driver had no valid driving licence, that the quantification of the compensation is vitiated by non-application of mind, that the amount awarded is excessive, unjust and unreasonable considering the age, the monthly income of the ..... when the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependents on the one and and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by him by way of business activity, there is hardly any choice.' 8. ..... mother of the deceased, second respondent herein filed a claim case before the motor accident claims tribunal, lakhimpur alleging that the accident took place on account of the rash and negligent driving of the truck by the driver and claiming rs. ..... it is so provided inorder to ensure that the injured victims ofautomobile accidents or the dependents of thevictims of fatal accidents are really compensated in terms of money and not in terms ofpromise. ..... in an action for damages arising from injuries caused by a motor vehicles accident on account of negligence of the driver, the primary liability under the common law is on the driver, the owner of the vehicle is constructively liable. .....
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