Court : Delhi
Reported in : AIR1967Delhi98; (1969)IILLJ195Del
..... main guard room no.3 wing he saw the motor truck coming out from the 'out gate' of the main guard room; that the point of accident was about 3 or 4 yards from the road leading to the in gate 'that in the beginning the truck was keeping towards the left; that he was following the motor cycle driven by the deceased; that as ..... out for the same; that the motor-cyclists coming from the opposite direction suddenly put on their head lights and he was suddenly dazed by the glare there from; that at the time of the accident one head-light of his vehicle was on; that the street lights were not lit at that time; and that he did not notice any vehicle coming from the opposite direction and took the ..... that the lights of the motor-cycles were on; that distance from the mess to the point of the accident was about a mile; that they were driving the motor-cycles on the left side of the road; that when they were proceeding towards the delhi cantonment on the road that passes in front of the ..... ghosal, another pilto officer, was also going side by side with the deceased at the time of the accident and his motor-cycle also collided against the vehicle and he got injured. mr. a.k. ..... 2 kanji lal, was driving rashly and negligently and the accident was the result of his negligence alone he is also liable for the damages. 7 ..... the evidence of the plaintiff discloses that on the date of the accident she was 47 years of age and today she would be 62 .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi153
..... of a consignment of goods or the whole of any package forming part of a consignment carried at owner's risk rate is nto delivered to the consignee and such non-delivery is nto proved by the railway administration to have been due to any accident, to the train or to fire, or (b) where, in respect of any consignment of goods or of any package which had been so covered or prtoected that the covering or prtoection was nto readily removable by hand, it is pointed out to the railway administration on or before .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi125
..... the truck which had caused the accident sped away from the spto. ..... the accident indeed speaks for itself.it may also be pointed out here that on appeal the onus is on the appellant to show that the decision of the court below is wrong and this onus cannto be discharged by merely showing ..... it, is meant for safeguarding the interests of the insurance company against any possible collusion of the prejudice of the company between the injured party and the insured guilty party in so far as the liability as a result of the accident is concerned. .....
Tag this Judgment!Court : Delhi
Reported in : [1968]68ITR79(Delhi)
..... there a limited company took out a policy of insurance in the sum of 15,000 for the benefit of the company, to cover the loss ensuing on the death or injury by accident of a director, whose special qualifications and experience were of value to the company. ..... the director was killed by accident, and the sum assured was paid to the company, which distributed it among the shareholders. ..... the director was killed by accident, and the sum assured was paid to the company. ..... meattle, the governing director of the company, be insured as provided in article 44 of the memorandum of association of the company, buth for life and accident to the extent of rs. .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT46
..... it was at that time that the age of the mtoher was given as 62 years, with the result that on the date of the accident the age of the mtoher would have been 59 years. ..... the one is that though the deceased met with the accident and died in 1960, the evidence was taken in 1963. ..... (2) the claim of the appellant was resisted by the respondents on severalgrounds - on the basis of those objections, the mtoor accidents claims tribunal framed the following six issues :- 1. ..... 50,000.00 from the respondents alleging that the accident resulting into the death of jagdish kumar was caused due to rash and negligent driving of respondent no. ..... (1) this appeal arises from an order of the mtoor accidents claims tribunal, delhi, dated 29th april, 1964. ..... 3 the tribunal held that the accident resulting into the death of the deceased was caused due to negligent driving of dev raj respondent who did nto have the proper look out on the road while reversing his truck without the ..... whether jagdish kumar was traveling in the truck at the time of the accident if so, what is its effect 5. ..... 100.00 per month for a period of 12 years from the date when the accident took place. ..... whether the accident, where in jagdish kumar had died, was the result of negligent driving of the truck by dev raj 4. .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT407a
..... taken or to be taken by or before the claims tribunal in respect of the claims for compensation shall be granted by the civil court,'7. the material facts bearing on the point of jurisdiction are that the accident was alleged to have taken place on the 18th july, 1957 the claims tribunal was constituted for the union territory of delhi on the 25th october, 1957, and the suit for the recovery of ..... the legal representatives of the deceased, as the case may be; (2) every application under sub-section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed; (3) no application for compensation under this section shall be entertained unless it is made within sixty days of the occurrence of ..... observed:'the claims tribunal constituted under section 110 of the motor vehicles act has the exclusive jurisdiction to entertain claims even in respect of accidents that occurred before its constitution provided the remedy under the civil law is alive and nto barred by limitation, at the time of ..... . after the constitution of the claims tribunal, claim for compensation for injuries sustained in a motor accident could only be filed before the claims tribunal, even if the accident had occurred before the constitution of the claims tribunal.of course, if the claim had already been instituted in a civil court, before the constitution of the claims tribunal, the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi3; 4(1968)DLT407
..... but, in the present case, no suit or toher proceeding has been filed in any civil court in respect of the claims for damages for the accidents in question before the constitution of the tribunal these accidents which gave rise to the causes of action in favor of the legal representatives of the deceased in the two cases took place belore the constitution of ..... observed ; - 'the claims tribunal constituted under section 110-f (1) of the mtoor vehicles act has the exclusive jurisdiction to entertain claims even in respect of accidents that occurred before its constitution provided the remedy under the civil law is alive and nto barred by limitation, at the time of the constitution of the tribunal ..... (a) no application for compensation under this section shall be entertained unless it is made within sixty days of the occurrence of the accident: provided that the claims tribunal may entertain the application alter the expiry of the said period of sixty days if it is satisfied that the applicant was prevented by sufficient cause from making the application ..... of section 110 of the act reads :- 'astate government may, by ntoification in the official gazette, constitute one or more mtoor accidents claims tribunals (hereinafter referred to as claims tribunals) for such area as may be specified in the ntoification 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 use of mtoor vehicles. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi183; ILR1968Delhi59
..... false and concocted; that there was no contributory negligence on the part of the deceased; that under the circumstances, the respondents 4 and 5 had the last opportunity of avoiding the accident by a reasonable care and the plea of the alleged contributory negligence was nto at all open to the respondents; and that the applicants were entitled to the compensation as claimed by them,6. ..... of home affairs, government of india, new delhi, (2) the municipal corporation of delhi, and (3) the delhi transport undertaking through the officer-in charge, scindia house, new delhi; that the accident took place during the course of their employment; and that, thereforee the respondents 1 to 3 were also liable to pay the compensation claimed by the applicants,3. ..... 3 and 6, the claims tribunal on a consideration of the evidence held that it could nto be said, under the circumstances, that the accident resulting in the death of sham lal malik was due to a rash and negligent act on the part of the driver or the conductor ..... act provides for compensation or damages-(1) for the loss caused by the death of the person as a result of the accident to the representatives of the deceased person, namely, wife, husband, parent and child; and (2) for any pecuniary loss ..... this is an appeal filed under section 110-d of the motor vehicles act against the order of the motor accidents claims tribunal, delhi, dated 17-3-1966, dismissing an application filed before the claims tribunal under section 110-a of the said .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi122
..... the reprocessing had to be resorted to only to remove the defects that were caused by the accident and not to manufacture the sugar that was being refined toremove the impurities. ..... the fact, thereforee, that the petitioners had to incur expenses due to the accident, is not at all relevant and does not entitle them to have a fresh price determined for the reprocessed sugar. ..... under these circumstances, if as a resultof the accident in the petitioner's own godown, before the stock could be released for sale, it became substandard and not marketable, and had, thereforee, to be reprocessed and was reprocessed to restore it to its original condition and to make it again ..... to mean that the central government will be authorised to fix different prices for different factories only for the purpose of securing a reasonable return to an individual manufacturer, who was obliged to incur some unforeseen expenses due to an accident or some such other cause. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi603
..... (8) the rule for fixation of the compensation for death according to the law of torts as pithily expressed in section a-1 of the fatal accidents act, is that 'in every such action the court may give such damages as it may think proportionate to the loss resulting from such death to the ..... compensation awarded by the tribunal liable to be enhanced or reduced (1) the learned tribunal carefully considered the whole evidence on record and i am in full agreement with its finding that the accident was caused by the negligence of the truck driver and that there was no contributory negligence on the part of ajit singh. ..... resulting from the death of the deceased to his dependents had to be deducted from compensation awarded for death under the law of torts (as modified by the fatal accidents act) as would be clear from the privy council decision in grand trunk railway company's case cited above. ..... the motor vehicles act, in 1956 by the legislature authorised the state governments to establish motor accidents claims tribunals for such areas as may be specified in the notifications for the purposes of adjudicating upon the claims for compensation in respect of accidents in- volving the death or bodily injury to persons arising out of the use of motor ..... in paragraph 39 that section 110 to 110-f of the act being a special law enacted in 1956 were self-contained and the provisions of the fatal accidents act, 1855 were nto applicable in terms to an application made under section 110-a of the act. .....
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