Court : Madhya Pradesh
Reported in : AIR1959MP52
..... has a vested right in an order of the court in favour, and ought not to be deprived of an advantage given to him by the rules, unless there has been on his part some conduct raising an equity against him, or in a case of 'inevitable accident'. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP58
..... we find that the public of that locality were protesting against the plying of heavy motor vehicles partly because that was the road for the children to go to school and colleges and partly because of the accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP329; (1960)ILLJ184MP
..... one sheikh ibrahim, who was an employee of the newton chikli colliery, met with an accident on 10-12-1954, as he was entrapped in a mine pit, which got flooded. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP128
..... , 1876-ac 754 as follows: --'though a plaintiff may have been guilty of negligence, and although that negligence may, in fact, nave contributed to the accident which is the subject of the action, yet, if the defendant could, in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse ..... all er 291, was a case of permissive user by the general public of a railway tunnel, where the accident took place on account of the negligence of the driver of the railway engine. ..... it is their trains which help to cause the accidents, and it is often the increased number of trains which increases the danger as well as the increased traffic on the ..... the defendants cannot stand by while accidents happen and say: 'this increased traffic on the road is no concern of ..... case of a public highway and not an accommodation crossing, where any passer-by uses the highway as a matter of right and not of courtesy, and, therefore, it was incumbent on the railway administration to take all possible precautions to avoid accidents, as an ordinary prudent man would take. 9. ..... executive, 1952-1 all er 1248 was a case of an accident occurring at an accommodation crossing. ..... care which a railway undertaker must use in approaching a crossing over a public highway is greater than that which must be taken on approaching a private accommodation crossing for the use of the adjoining occupier because the likelihood of an accident is much greater. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP281; (1959)IILLJ65MP
..... if the injury or death from the point of view of the workman, who dies on suffers the injury is unexpected or without design on his part, then the death or injury would be by accident although it was brought about by a heart attack or some other cause to tie found in the condition of the workman himself, kalu clearly did not design the heart attack or intend that he should die ..... one principle that emerges from all these decisions is that whether the accident 'arises out of the employment or not' depends on the facts of each case; the accident must be connected with the employment and must arise out of it; there must be a casual connection or association between ..... contact physically with some part of the place where he works, then apart from questions of his own misconduct, he at once associates the accident with his employment and nothing further need be considered. ..... 1933 pc 225, the privy council put the matter thus : 'the accident must be connected with the employment : must arise 'out of it. ..... , namely, having to stand on his legs and having to move about as a watchman looking after the pumping station belonging to the employer and that, therefore, his death was due to an accident arising out of and in the course of his employment. ..... the heart attack he was actually working in the mill; that his death was accelerated by the strain of the work he had to do; and that, therefore, his death was a personal injury caused by an accident arising out of and in the course of his employment. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP284; 1959CriLJ983
..... the admitted facts anterior to the accident were that accused ranjitkumar chatarjee received charge from mr. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP338
..... in all these cases under the workmen's compensation act there had been an accident and the question was whether the accident was in course of the employment, but that is not the question here.5. ..... it is also common ground that the death was not the result of an accident, but of heart failure; nor was the heart failure the consequence of a sudden shock or sudden stress or exertion during actual working. ..... the appellant's real difficulty is not that her husband did not die in course of employment, but that he did not-receive the personal injury eitherfrom 'an accident or from an occupational disease arising out of the course of employment. ..... it is theoretically possible that heart failure itself may be an accident in course of employment; for example, if in course of employment there is any sudden noise or a sudden shock, or some such event of such intensity that it leads to heart failure which would not otherwise had happened, then it may be argued that here was an accident in course of the employment. ..... ' obviously, it was not an accident, a number of cases have been cited such as vishram yesu haldankar v. ..... thus it is neither an accident as usually understood, nor one of the type i have just described as being atleast theoretically possible. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP119; (1960)IILLJ536MP; (1960)IILLJ536MP
..... .as rule 6 is framed, it stands on altogether a different basis- from rule 1709 of the state railway establishment code, which also provides for a summary enquiry departmentally after the inquiry committee has inquired into the causes of an accident, and in some cases even the departmental enquiry is dispensed with. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP343
..... it was, therefore, open to the petitioner to file an election petition in the manner laid down in section 22 the act, where the question could be enquired into whether the imprint was caused on the ballot paper accidently or was made with a design from which the identity of the voter could be ascertained. 9. ..... it is obvious that the chairman cannot enter into an elaborate enquiry on the question whether the mark was made deliberately to violate the secrecy or was the result of an accident. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP313
..... the commissioner has found that he was present as the employer's manager in this regard, actually saw the accident happen, and sent the respondent to the hospital.6. ..... the commissioner has considered whether a particular 'demand'' sent by the respondent to the appellant on 9-10-1954, two months and one day after the accident is a notice for the requirements of section 10. ..... ' but in the present case, the victim of the accident was continuously in the hospital. ..... conclusion that no notice was really necessary because kishansingh, who was a person responsible, to the employer for the management of the branch of the business in which the injured workman was employed, had knowledge of the accident at the time of its occurrence. ..... argument urged by shri chafe-kar, counsel for the appellant, is that the purpose of sub-section (2) would be frustrated unless employee himself mentions who was his immediate superior in the system at the time of the accident. .....
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