Court : Allahabad
..... insurance company was not liable to pay compensation on the ground that (i) the driver did not have a valid and effective driving licence on the date of the accident and there was a violation of the conditions of the insurance policy; and (ii) the tempo was being driven in violation of its route permit. ..... para 102, p 1557) sections 165 and section 168 empower the tribunal to adjudicate upon all claims in respect of accidents involving death or bodily injury or damage to the property of a third party, arising out of the use of a ..... p 1546) the supreme court held that the provisions of section 149 indicated that once the assured proved that the accident was covered by the compulsory insurance clause, it was for the insurer to prove that it falls within an exception ..... the main object of enacting chapter xi was to protect the interest of victims of motor vehicle accidents and it was for that reason the insurance of all motor vehicles has been made statutorily compulsory. ..... section 165 provides for the establishment of a tribunal to adjudicate 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 damages to any property of a third ..... either upon an application for compensation under sub-section (1) of section 166 or even upon proceedings initiated suo motu by treating a report of an accident forwarded to the tribunal under section 158 (6) as an application for compensation under section 166 (4). .....
Tag this Judgment!Court : Allahabad
..... thereafter, the respondent no.1 being the owner of the car, admitted the factum of accident and also the death of the deceased and the driver of the offending car. ..... in para-31 of the written statement, it has been alleged that the accident had not taken place on account of negligence of the driver of hyundai santro car bearing registration no.up-58/a-3600, but pleaded composite negligence of the car and the truck. ..... . therefore, when two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims that the injured9 claimant himself was negligent, then it becomes necessary to consider as to whether the injured-claimant was negligent and if so, whether he was solely or partly responsible for the accident and the extent of his responsibility, that is his contributory negligence ..... . therefore, when two vehicles are involved in an accident, and one of the drivers claims compensation form the other driver alleging negligence, and the other driver denies negligence or claims that the injured claimant himself was negligent, then it becomes necessary to consider whether the injured claimant was negligent and if so, whether he was solely or partly responsible for the accident and the extent of his responsibility, that is, his contributory negligence .....
Tag this Judgment!Court : Allahabad
..... janki devi and others reported in, air 1982 allahabad 296 has held that the motor accident claims tribunal is not a court but is a statutory tribunal, the incidents of which are governed entirely by the provisions of the act. 9 ..... it has been clearly laid down by the apex court that the statutory tribunal created under an act is not a civil court of plenary jurisdiction and hence a writ of certiorari against the order of motor accident claims tribunal, not being an award, would be maintainable under article 226 of the constitution of india. 21. ..... there is no dispute about the fact that the against the award of motor accident claim tribunal, insurance company can file an appeal under section 173 of the act ..... high court has power of an appeal against the award of the tribunal, under section 173 of the motor vehicles act filed by a person aggrieved but that would not mean that against an order of motor accident claims tribunal which is not an award, the writ of certiorari would not lie. 20. ..... thus from the discussion made above, it can be concluded that the motor accident claims tribunal are the statutory tribunal and have been created with the specific purpose and objective of the motor vehicles ..... before dealing with the merits of the case, the question arose as to whether the writ petition under article 226 of the constitution of india would be maintainable against the order passed by the motor accident claims tribunal keeping in view of the judgment of the apex court in civil appeal no. .....
Tag this Judgment!Court : Allahabad
..... on issue no.1- negligence of the driver, the tribunal has returned the finding that the accident had taken place due to rash and negligent driving by the driver of the offending truck ..... the stipulation that they will be paid accrued interest either at yearly or half yearly intervals, as prescribed by the rules of the bank, after five years rest of the amount will be disbursed or invested as the motor accident claims tribunal, fatehpur thinks fit, without reference to this court. ..... the additional pleas, it has been stated that at the time of accident, truck was driven by experienced and skilled driver at moderate speed. ..... and 3- findings have been recorded that at the time of the accident, the driver had a valid and operative driving license. ..... the claimants are required to prove the accident had occurred due to negligent driving of the offending ..... respondent no.1 had admitted the accident, lodging of the f.i.r, and registration number of the offending truck, its ownership and fact of the truck being ..... claimants/appellants (hereinafter referred as the 'appellants') have filed the present appeal against the judgment and award dated 11th october, 2010 passed by sri s.s.upadhyay, additional district judge, court no.4, /motor accident claims tribunal, fatehpur in m.a.c.p. ..... in the accident, the deceased and respondent no.4 were ..... the accident is the result of negligence of the ..... learned tribunal has determined the income of deceased on the basis of the pay drawn by her at the time of accident. .....
Tag this Judgment!Court : Allahabad
..... is not moving and is stationary and the use of a vehicle does not cease on account of the vehicle having been rendered immobile on account of a break-down or mechanical defect or accident, in the circumstances, it cannot be said that petrol tanker was not in the use at the time when it was lying on its side after the collision with the truck". ..... but without proof of rash or negligent or wrongful use of the vehicle, the said employee cannot seek compensation before the motor accidents claims tribunal, as that tribunal has jurisdiction to award compensation only if rash or negligent or wrongful use of the vehicle is established, unless the claim is under section ..... has concluded that (a) it is true that the deceased was under the employment of respondent no.2 at the time of the accident; (b) the deceased was employed as a driver by respondent no.2; (c) the vehicle up14f-0742 was insured with the appellant ..... he has been erroneously held to be a driver, which the law does not permit; (iii) accident, wherein the deceased died, not arose out of the use of the said vehicle and (iv) accident, which resulted in the death of the deceased, had no nexus with his duty as employee, therefore, the death ..... "arising out of which indicates that for the purpose of awarding compensation under section 92a, the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. .....
Tag this Judgment!Court : Allahabad
..... - (1) gratuity shall be payable to a welfare officer on the termination of his employment after he has rendered continuous service for not less than five years,- (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any welfare officer is due to death or disablement: provided further that in the case of death of the ..... -- (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-- (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: provided further that in the case of death of the employee, ..... -- for the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement. ..... - for the purposes of this rule, disablement means such disablement as incapacitates a welfare officer for the work which he was capable of performing before the accident or disease resulting in such disablement. .....
Tag this Judgment!Court : Allahabad
..... however, under section 163a of the act it is not essential for the claimants to plead or establish that the accident suffers from "wrongful act" or "neglect" or "default" of the offending vehicle, but the owner or the insurance company can plead that there was "wrongful act", "neglect" or "default" on the part of ..... also pleaded by the claimants in the claim petition that the accident had taken place due to rash and negligent driving of the truck ..... in case the owner or the insurance company established that the accident took place due to fault of the deceased/injured then the claim petition ..... provides that an application for compensation arising out of an accident may be made, amongst others, by the person who has sustained the injury, or, where death has resulted from the accident, by all or any of the legal representatives of the ..... section 115 of the code of civil procedure, 1908 [cpc] arises out of an order dated 22nd august, 2013 passed by the additional district judge/special judge (ec act)/motor accidents claims tribunal, shahjahanpur [the tribunal] in motor accident claim petition no. ..... a claim petition before the tribunal under section 163a of the motor vehicles act, 1988 [the act] which was registered as motor accident claim petition no. ..... he met an accident on 25th september, 2008 with a truck ..... held that section 140 of the act deals with the interim compensation but section 163a was inserted in the act to avoid the long drawn trial or proof of negligence in the cause of accident. .....
Tag this Judgment!Court : Allahabad
..... it is further contended that the rule is prospective and shall apply only in cases, where the accident took place on or after 26.09.2011 and not where the accident took place before the said date. ..... this fafo filed by the appellant insurance company is directed against the judgment and award dated 15.01.2015 passed by motor vehicles accident claims tribunal/ additional district and sessions judge, court no. ..... both the vehicles involved in the accident were insured by the appellant-oriental insurance company ltd. 2. ..... a first information report of the accident was also lodged with p.s. ..... it has also been submitted that tribunal has erred in allowing the future prospect, inasmuch as rule 220a of motor vehicles rules came into force on 26.09.2011 while the accident took place in 1996. .....
Tag this Judgment!Court : Allahabad Lucknow
..... in the said application, it was also stated that the petitioners herein are husband and wife who were married about 19 years ago and their sole son died in an accident on 21.02.2009 rendering them issueless. ..... -wife duo moved an application before the superintendent of state women protection home stating therein that they were married about 19 years ago and a son was born out of their wedlock, who unfortunately died in an accident on 21.02.2009. .....
Tag this Judgment!Court : Allahabad
..... this appeal under section 173 of motor vehicles act, 1988 has been preferred by the insurance company assailing the correctness of the award dated 25.09.2014 passed by additional district judge/motor accident claim tribunal, court no.13, meerut in motor accident claim case no.1279 of 2011, gulab singh and another vs. ..... it further alleged that the petition was bad for non joinder of necessary parties, there was collusion between the claimant, the owner and driver of the offending vehicle, that the accident took place on account of the own negligence of the deceased. ..... in its written statement further alleged that the claimants never lodged any claim with the insurance company, the driver of the bus did not hold valid and effective licence and the accident took place on account of sole negligence of the deceased. ..... the income tax return for the year 2007-2008 filed on 12.03.2008 at raipur, four months prior to the accident, shows the income of rs.99,000 per annum. ..... whether on the date and time of accident in question the driver of the offending vehicle no ..... first information report of the accident was lodged at police station civil lines, meerut on 02.10.2011 at 9.15 p.m ..... at the time of the accident, the deceased ritesh bhanu shali was 26 years old, hence on the basis of decision in sarla verma (supra) applying the multiplier of 17, the amount will come to rs.49,500x 17 =rs.8,41,500 ..... whether the accident in question took place due to contributory negligence on the part of the deceased? 6 .....
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