Court : Delhi
Reported in : AIR1982Delhi1; ILR1981Delhi191
..... on the ground that it was not known whether it was life insurance implicate or whether the deceased was insured for accidents also, whether the insurer nominated any particular individual, and whether the amount was duly claimed and collected by any of all of the applicants. ..... their lordships observed that claims for compensation arising out of fatal accidents in india are still determined mainly by reference to principles underlying the fatal accidents act, 1855, analogous to english act of 1846. ..... this situation was reversed first by fatal accident (damages) act of 1908 and improved further for the benefit of the claimants by law reforms (personal injuries) act of 1948 and altered drastically by the fatal accidents act of 1959 ensuring that various kinds of insurance and pensionary benefits are not excluded from the compensation payable by the tort feasors ..... amarjit kaur and her children applied to the motor accidents claims tribunal under .section 110-a of the motor vehicles act, 1939, hereinafter referred to as the act, for award of compensation for the death of ajit singh alleging that it was due to ..... 50,000 came into force only with effect from march 2, 1970 by the amending act 56 of 1969 and, admittedly, the accident in the present case was prior to that date. ..... why we agree with the tribunal and the learned single judge having taken only a period of 15 years more is because not only one has to keep in view possible future accidents in life but also the dependency of the children. .....
Tag this Judgment!Court : Delhi
Reported in : 1(1986)ACC279
..... i do not agree with the tribunal that the accident took place because of error of judgment on the part of rohan lal. ..... on the evidence on record i hold that the accident took place because of the rash and negligent driving of the driver of the d.t.c. ..... the position as to where the accident took place and the distance of the patri from the road are not correctly appreciated by the tribunal. ..... the eye-witnesses have said that the patri was not immediately near the place of accident but at a little distance. ..... roshan lal was killed in a road accident caused by the d.t.u. ..... this is an appeal by the heirs of deceased roshan lal against the order of the motor accidents claims petition. ..... the accident took place around 9.45 p.m. ..... the accident took place in front of the irwin hospital. ..... the accident took place at jawahar lal nehru marg opposite to the casualty ward of irwin hospital delhi. ..... he was 52 years old at the time of the accident. ..... roshan lal died due to injuries suffered in the accident. ..... the respondents have tried to say that the bus stop was about 15 paces ahead of the place of accident. ..... this does not show that the patri was so near to the place of accident. .....
Tag this Judgment!Court : Delhi
Reported in : 20(1981)DLT525
..... bhatia and his wife filed a petition before the motor accident claims tribunal for compensation. ..... his son aged 17 years was killed in an accident on 12th march 1978. mr. .....
Tag this Judgment!Court : Delhi
Reported in : 20(1981)DLT417
..... (1) this appeal under section 110-d of the motor vehicles act, 1939 is directed against the judgment and award of the motor accident claims tribunal dated 23rd november, 1979. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi233; 21(1982)DLT87; ILR1982Delhi75
..... be 20-25 paces, that there was no diversion on the road, that the deceased was just in the centre of the crossing when the accident took place, that he was at a distance of about 20 to 25 yards from the place of the accident, that the front centre of the bumper of the bus came in contract with the motor cycle, that the bus did not run over ..... deposed that he had a dry-cleaning shop in east patel nagar, new delhi that he was standing near the nullah market on the date of the accident, that the motor cycle had gone into the crossing one or two paces when the front side of the bus hit the rear wheel of the motor ..... learned counsel for the appellants contends that the deceased was not negligent at all, that the bus driver was solely responsible for the accident and the death of satish chander sharma on account of rash and negligent driving, that the tribunal erred in making deduction on account of life insurance money ..... 29 west patel nagar and going to his shop situate in between blocks 25, 26 and 32 and 34 that there were 5--7 passengers in the bus at the time of accident, that the bus was at a distance of 10 paces before the centre of the crossing, that the motor cycle was dragged up to a distance of 10 paces and ..... present economic conditions the life of an average indian has increased and thereforee it is reasonable to expect that if the deceased had not died due to accident, he would have lived up at least up to the age of 65 years, if not more, so as to earn the pensionary benefits for .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi93; [1984]56CompCas91(Delhi); 1982RLR462
..... (1) the first argument is that it was not proved that it was due to the rash and negligent act of the driver that the accident took place. ..... no evidence was led from the appellant's side and thereforee the tribunal was justified in coming to the conclusion that it was due to rash and negligent driving of the bus which caused the accident. .....
Tag this Judgment!Court : Delhi
Reported in : [1982(44)FLR335]; (1982)IILLJ166Del
..... it appears that he has suffered a great deal because of the accident which his daughter suffered and the prolonged illness which his wife was undergoing at the relevant time. ..... he also entertained very strong feelings against the officer of the bank of not being considerate to his problems created by accident to his daughter and prolonged illness of his wife. .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT46; ILR1982Delhi801
..... if accident of birth is the sole criterion to qualify for benefits under the trust the purpose is to create a private trust. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi575; 21(1982)DLT245
..... 2048 of 1977) filed by the delhi municipal corporation (herein called 'the corporation') challenging the finding that the accident resulting in the death of ramesh chand was due to rash and negli gent driving of the driver ajit singh who was driving the bus bearing registration ..... (3) the question for decision before the tribunal was whether this accident resulting in the death of ramesh ghand occurred due to the rash and negligent act of the ..... that the bus conductor who could probably throw some light on the manner in which the accident took place, has been purposely with-held by the respondents. ..... nand and hem chander,pws 6 and 7 respectively, and in view of the unsatisfactory evidence, produced by the respondents in support of their case regarding the failure of brakes, i uphold the finding of the tribunal that the accident occurred due to rash and negligent driving of respondent no. ..... appellants herein are the legal representatives of per section 1-a of the fatal accidents act, that firm was earning about rs. ..... (8) the plea of the respondents that the accident took place due to brake failure which was sought to be substantiated through the evidence of shiv gopal saxena (rw 1) has not ..... tribunal while negativing this defense pica of brake failure has held that the accident was due to rash, negligent act of respondent no. ..... the defense briefly was that the accident was an net of god which occurred due to the mechanical failure of the brakes and the respondent's were not responsible for .....
Tag this Judgment!Court : Delhi
Reported in : 22(1982)DLT279
..... 144 and 145/1975 are concerned technically they are beibg dismissed for default as the connected appeal no 139/ 19/5 has been decided on merits in which i have already held that the accident was caused due to rash and negligent driving of the bus belonging to respondent no. ..... bus is concerned further supports the version that the accident was caused because of rash and negligent driving of driver of the bus no.dlp-3654. ..... they arise out of three suits filed before the motor accident claims tribunal under section ii 0-a of the motor vehicles act. ..... the topography at the place of accident and the other evidence convinced the trial court and after going through title same i find no reason to disagree with it, that the accident resulting in injuries to the appellant and others was caused due to the rash and negligent driving of bus no. ..... almost a year after the accident and at that time he found the patient i.e. ..... the fact that the accident took place on the left side of the road which was the correct side so far as the d.t.u. ..... the appellant was a young man of 30 years at the time when the accident took place. ..... that this accident has caused a very serious and grave loss to his earning capacity is clear from even medical evidence given by dr. ..... the accident which gave rise to the claim by the appellant, m. ..... gopal transport company, the owner of the bus which was found by the tribunal to have been driven rashly and negligently by the driver, sri lal, and responsible for causing the accident. .....
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