Court : Delhi
Reported in : (1993)IIILLJ545Del
..... the next question, which arose for consideration was, whether the accident had arisen out of and in the course of employment with the appellants. ..... that the respondent had not only reached the place of duty but has also been performing his duty throughout the day and thus his case was very well covered that the accident had arisen out of and in the course of employment. ..... the respondent was held to have reached the place of duty and had also been performing his duty throughout the day and thus his case was covered that the accident had arisen out of and in the course of employment.6. ..... the service of summons on the appellants was for and on behalf of the company and there is no illegality in the finding that the deceased goverdhan dass was employed by the company and the accident arose in the course of his employment. ..... 10,000/- and interest at the rate of 6 per cent per annum on the compensation amount from the date of the accident, till the dale of actual recovery. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi282; [1985]57CompCas782(Delhi); 21(1982)DLT432; 1982RLR549
..... , that the front wheel of the scooter fell in a pit on the road and the scooter overturned as a result of which he fell down and received grievous injuries, that the accident occurred on account of the negligence of the employees of municipal corporation of delhi and of the contractors engaged by the corporation in digging the pit and not putting the warning or indication at the pit, that respondents owed a ..... (1) this appeal under section 110-d of the motor vehicles act, 1939 (hereinafter referred to as 'the act') challenges the judgment and order dated 16-7-1981 of the motor accident clainls.tribuiial, delhi dismissing the claim petition of the appellant on the ground that the tribunal has no jurisdiction to award compensation against persons other than those mentioned in section 110-b of the ..... tribunals (hereinafter referred to as claims tribunals) for such area as may be specified in the notification 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 motor vehicles, or if damages to any property of a third party so arising, or both : -, provided that where such claims includes a claim for compensation in respect of damage ..... (2) the question for decision in this appeal is : what is the extent of jurisdiction of motor accident claims tribunal constituted under section 1 10 of the act sections 110 to i i of were substituted in the act by act 100 of 1956 with effect from .....
Tag this Judgment!Court : Delhi
Reported in : AIR1981Delhi558; [1986]59CompCas162(Delhi); 22(1982)DLT170; 1982RLR570
..... (7) in the case of a child of tender age, conduct on the part of such child contributing to an accident may not preclude it from recovering in full in circumstances in which similar conduct would preclude a grown up person from ..... death of i sudhakar's wife, a woman of about 23 years, as a result of the accident which happened on .tune 23, 1961, the supreme court confirmed the award of rs. ..... the doctors gave evidence before the motor accidents clamis tribunal where she brought her claim ..... but because of this accident her normal expectancy of life can be taken to have been reduced to ..... (12) immediately after the accident lalita had to be removed to ..... he found that the accident was solely the result of negligence of the driver and there was no contribuory negligence on the part of ..... date for ascertaining the extent of liability is the date of the accrual of the cause of action for a claim arising out of the accident, which in general would be the date of the accident. ..... the present case the accident happened on 6-12-1961 ..... (18) on account of the accident resulting in disfigurement and loss of limbs the prospect of marriage of this victim of misfortune has been ..... at the time of accident she was studying in second class of andhra higher secondary school in rouse avenue, ..... which schools open are accident prone areas. ..... of danger and judgment of speeds and distances have to be con sacred in each individual case children are one of the most dangerous classes in society so far as causing motor accidents goes. .....
Tag this Judgment!Court : Delhi
Reported in : [1986]59CompCas340(Delhi); 22(1982)DLT294
..... 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 condensation of the policy, being one of the following ..... proceeding i so given shall be entitled to be made a party thereto and to defend the action on any of the following 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 slating that the certificate has ..... (1) this appeal under section 110-d of the motor vehicles act, 1939 (hereinafter referred to as 'the act') is directed against the judgment and award of the motor accidents claims tribunal dated 29th july, 1974 by which the appellant was awarded only a sum of rs. ..... if an insurance company does not produce a policy to show that its liability in respect of the accident was limited the insurance company must be held liable for the full amount. ..... of earnings or other items which would have been received by him but for the accident and have now been taken away is in the negative category. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi265; 32(1983)DLT152
..... he heard the application of the breaks of the bus and his attention was diverted, he saw two persons having fallen down five or six paces ahead of the bus, that people ran towards the site of accident and he also ran with them and remained thereforee about 10 to 15 minutes and thereafter went to his residence, that the police had not reached the spot in his presence, that his statement was not ..... downward, there was, only white line dividing the road into two parts, that he was going to his residence and was waiting at the bus stop opposite to that of the bus stop where the accident took place, that the road might be 40 to 50 feet wide, that there were 15 to 20 persons, that he was residing at 11 25, east patel nagar, new delhi, that there was heavy flow of traffic on the road upward and ..... at a fast speed and the front right portion of the bus struck the sikh gentleman and the other persons that both fell down and the bus stopped after covering 2 to 4 paces after the accident, that the number of the bus was dlp 1573, that the person who were injured had got down earlier from another bus and were crossing the road, that they had crossed ..... down the deceased and his companion with its front side, without keeping proper look out and without caring for the safety of the road users, that the road around the place of accident was straight and the driver could have easily noticed the deceased and his companion from safe distance, that he ought to have slowed down the bus to avoid the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi176; 23(1983)DLT148; 1983(4)DRJ161; 1983RLR73
..... the court held that it was unjust discrimination between owners of land similarly situate by the mere accident of some land being required for purposes mentioned in the impugned act and some land being required for other purposes. .....
Tag this Judgment!Court : Delhi
Reported in : 1983(4)DRJ294; 1983RLR175
..... it is averred that plaintiff's mother expired in a road accident on 29th december, 1979. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi691
..... similarly, 'and, according to him, when- ever the accident of time casts upon a party the benefit of having legal monopoly of landing goods in a public port, as where he is the owner of the only wharf authorised to receive goods which happens to be built in a port newly erected, he is confined to take .....
Tag this Judgment!Court : Delhi
Reported in : 1983(5)DRJ217
..... unfortunately shri pushpendra kumar died in october, 1974 at saharanpur due to an unfortunate accident. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1984Delhi106; 23(1983)DLT345; 1983RLR695
..... ; the front bumber of the truck hit the deceased teacher who fell down and the rear left tyre of the truck passed over his waist ; the truck did not stop after the accident, that he followed the truck in his bus for a distance of about 4 to 5 miles and the truck entered haryana territory and thereforee he returned back ; that number of the truck which hit the deceased was pnr ..... 1983 plr 1 and it has been held that the financial benefits like insurance, provident fund, family pension or gratuity are in essence the deferred earning of the victim of the accident or the result of his savings, his thrift or foresight and all these benefits must be excluded from consideration in the award of compensation to the heirs under section 110-b of the motor vehicles act. ..... in cross-examination he has deposed that he was getting down and was standing in the bus two or three seats away from the driver's seat ; the accident took place on road in front of the bus and when the truck ran away the bus driver followed the truck ; an official letter was sent to police station nangloi under signatures of the school principal.11. ..... the appellants have alleged that the deceased possessed good health and had he not met with the accident, he would have lived a long life of 90 years, that the deceased was a scholar and used to write books in sanskrit subject for various classes and that his books were very popular and were prescribed as a .....
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