Court : Allahabad
Reported in : I(1985)ACC147; AIR1985All147
..... find substance in the contention of sri sudhir chandra that d.w.4 yagya dutt could do nothing more than move his truck to the extreme left and he could not avoid the accident when the bus driver drove the bus at a reckless speed while taking over the truckwhich was going ahead on the middle of the road, and which was not prepared to ..... we assume (we do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required 20 be done under fatal accidents act, 1855 (act 13of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be as estimate or even partly a ..... bus came on the right side patri of the road, that the truck coming from the opposite direction was almost on the left patri of the road at the time of the accident and that there was a collision between the right side of the bus and the right side of the truck resulting in extensive damage to the right side. ..... he overtook the truck on receiving a signal from the driver of the truck which was moving ahead of the bus or that at the time of the accident both the wheels of the bus were on the road and none of the wheels was on the patri. ..... it was held that in a case where the maxim is applied the burden is on the defendant to show either that in fact he was not negligent or that the accident might more probably have happened in a manner which did not connote negligence on his part. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC191
..... of the above discussion, we find that the appellants have failed to discharge their initial burden of proof that this accident took place due to the rash and negligent driving of the driver of the bus. ..... the claim was resisted by all the respondents who refuted that the accident took place due to any rashness or negligence on the part of the driver and also pleaded that the amount of compensation claimed by the appellants was ..... was made by both the appellants jointly in the capacity as wife and mother respectively of jumma deceased contending that the accident occurred due to rash and negligent act of asha ram, driver of the bus. ..... 110-d of the motor vehicles act, 1939 is directed against the award of the motor accident claims tribunal (hereinafter referred to as tribunal) dated 30th july, 1977.2. ..... already upheld the findings of the tribunal that the appellants have failed to prove that the accident took place on account of rash and negligent driving of respondent no. ..... ) a division bench of this court, in such circumstances has held as under :in a case where damages are claimed for the death of the deceased the claimants must prove that the accident occurred on account of rash and negligent driving of the vehicle. ..... tribunal held that the claimant-appellants have failed to prove that the accident took place on account of rash and negligent driving of respondent no ..... the first issue whether the accident took place on account of rash and negligent driving or due to negligence or rashness .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC208
..... that the respondents' vehicle was static and was parked at the extreme left of the road and the door of the vehicle was not the cause of the accident, then it was the scooterist's error of judgment or he may have been forced into such a situation by some other vehicle or object as discussed above. ..... the theory that the car was suddenly stopped and the driver's door was suddenly flung open which caused the accident is wholly unbelievable, the reason being that the scooter made an impact on the rear right fender of the vehicle and then made a mark on the rear right door ..... further contended that the tribunal had not considered that the driver of the vehicle had knowledge as to how the accident took place and the burden lay on him to explain the same and the tribunal had not considered this aspect ..... it is too much to expcet that the occupant of the car at the time of their impact would be able to see the accident for if she was sitting in the car whether in the front seat or in the rear seat she would be at the most watching the front and more likely to ..... having considered the respective contentions and perused the material on record carefully we have no manner of doubt that an accident took place between the scooter of the deceased and the static vehicle of the respondents 1 and 2 on the date and ..... a contact with the right rear fender of the static vehicle is indicative of the fact that the accident was not caused by the alleged opening of the right front door but due to something else.9 .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC238
..... in front of the shop of baij nath of village lari bari, district allahabad one ram dularey met with a motor accident and succumbed to the injuries on his way to the hospital. ..... this is an appeal against the order dated 30th march 1977 passed by the motor accident claims tribunal (additional district judge) allahabad awarding a sum of rs. ..... utb 3307, as alleged, that the accident took place due to the rash and negligent driving of the jeep and that the claimants are entitled to rs. ..... it was denied that any accident took place with jeep no. ..... the tribunal held that the accident was caused by jeep no. ..... a report of the accident was lodged on the same day at p.s. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All52
..... recital, it appears that the appellant had drawn an inference that her husband had died in that accident on the basis of two facts firstly, recovery of hand-bag and secondly, her identification of a photograph as of her husband from amongst the photographs of those who had died as a result of the accident she further stated that she was informed that the dead body of the man whose photograph had ..... neither sri ram naresh srivastava was bona fide passenger in the ill-fated 103 up delux express train nor it can be said that his death has been proved in the train accident in question beyond reasonable doubt after arriving at this conclusion, we have no option but to hold that appellant is not entitled to any compensation.21. ..... raj nath sinha that he saw ram naresh srivastava board the train which met with an accident sri rajnath sinha had told him that he would go to station and find out after 2-3 days, sri rajnath sinha had told him that a telegram had come to take the ..... facts not proved by the evidence in the instant case but known to him personally because he tried the other claim case of one ram dulari for theloss occasioned in the above accident of her husband sri flam naresh singh of nalanda which was registered as claim case no. ..... go to mughalsarai station in the night of october to see off sri ram naresh srivastava then it was natural for him to find out whether ram naresh srivastava was also involved in that accident or not he had taken no step in this direction till 13th oct. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC9
..... light to rely on specific facts not proved by the evidence in the instant case but known to him personally because he tried the other claim case of one ram dulari for the loss occasioned in the above accident of her husband sri ram naresh singh of nalanda which was registered as claim case no. ..... had sri ram naresh srivastava died in the aforesaid accident, all of them would have been his dependents. ..... he again did not take any step to find out whether ram naresh srivastava of his mohalla nawabganj, kanpur was involved in the accident either at mughalsarai or at varanasi or at allahabad or anywhere in the way. ..... since it is not proved that sri ram naresh srivastava was a bonafide passenger and he died as a result of the aforesaid accident, the appellant is not entitled to any compensation.14. ..... , the appellant had to prove beyond doubt that her husband ram naresh srivastava, for whom she was claiming compensation, was actually travelling by the ill fated train and that he died as a result of aforesaid accident and that he was a bonafide passenger. ..... own conclusion as court of appeal that neither ram naresh srivastava was bonafide passenger in the ill-fated 103 up delux express train nor it can be said that his death has been proved in the train accident in question beyond reasonable doubt. ..... he came to know about this accident through news paper on 10-10-1977. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC265
..... thirdly, the amount of award was excessive for a boy aged 14 years, reading in class viii at the time of accident and fourthly, the tribunal has wrongly directed that the amount of compensation will be realised from the appellants and not from the insurance company, which was also liable to pay the same ..... another condition for passing on the liability to the insurer was that at the time of the accident the vehicle must be shown to have been driven by a person holding a valid driving licence ..... the next question is whether darshan singh was driving the vehicle at the time of accident there is positive evidence on behalf of the claimant that darshan singh was the driver of the ..... once it is held that darshan singh was driving the vehicle at the time of accident and he was not qualified to drive a transport vehicle in the public place, it would be evident that the insurer would not be liable to pay any ..... rani as against the two appellants and interest from the date of accident till the date of payment of the aforesaid amount @ 6% per annum ..... it the owner is held liable to pay compensation in a motor vehicle accident to a third party the insurer would pay an amount subject to the conditions of the ..... further finding of the tribunal was that at the time of accident, the truck was not being driven by duly licenced driver and as such, the insurer was not liable to pay any amount of ..... the tribunal held that the accident took place due to rash and negligent driving on the part of the driver of truck .....
Tag this Judgment!Court : Allahabad
Reported in : I(1985)ACC52; AIR1985All44; [1986]59CompCas678(All)
..... he is not bound by any provision of section 96 of the act like the insurer but can challenge on all grounds relating to the cause and responsibility of the accident, the liability, the quantum of compensation awarded, the question of status of the dependents as well as the appellants' right to claim damages. ..... he would not be a person aggrieved a finding that the owner/ driver was responsible for causing the accident or a finding that the accident was as a result of rash and negligent act of the driver would not make them person aggrieved unlessthere was a direction in the award that they were liable to pay some part or the entire amount of the ..... learned counsel urged that the amount awarded by the claims tribunal erred on the low side for the person receiving injuries has been permanently handicapped, as one of his legs had to be amputated as a result of the accident it is no doubt true that the claimant suffered a severe injury which has the effect of making him handicapped. ..... he further contended that a joint appeal by the insurer and the owner of the vehicle involved in the accident, was not maintainable, particularly when the owner had filed a separate appeal and that appeal was also not ..... the owner filed an appeal before the high court and laid stress that the accident was due to a mechanicaldefect and not due to any rash and negligent act although the high court affirmed the finding of the claims tribunal their lordships expressed their opinion that it was not necessary .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC68
..... vinod kumar gupta was 30 years old at the time of the accident and it was as held that he would have contributed at least 150/- per month for the subsistence of the ..... the scope of the corresponding provisions of the english fatal accidents acts has been discussed by the house of lords in davies ..... there is actually no compensation for the loss of human life in an accident, courts have adopted various methods for awarding compensation in such a manner that the immediate family members of the deceased may have sufficient financial ..... lordships opined :this section is in substance a reproduction of the english fatal accidents acts 9 and 10 vict. ch. ..... latter has also taken the plea that the car was driven by the driver against his instructions and as such he was not liable for the accident caused by the driver.4. ..... they filed separate written statements, their version of the accident was the same. ..... is apparent from he above that 16 years' multiplier has been commonly invoked by the high courts and the supreme court where the deceased, in a motor vehicle accident, is in his twenties. ..... was a case where three persons died as a result of collapse of a clock tower situated in the main bazar of chandni chowk, delhi belonging to the appellant, after referring to section 1 of the fatal accidents act, 1855. ..... in front of the car which the driver tried to avoid with the result that the auto cycle which was being driven by sri vinod kumar gupta struck against the car and the accident was caused. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All85
..... the tribunal held that the car was being driven rashly and negligently by the driver har charan singh and this was the cause of the accident it was also held that the driving of har charan singh was within the course of his employment and it was not proved that he was driving the car against the instructions ..... front of the car which the driver tried to avoid with the result that the autocycle which was being driven by sri vinod kumar gupta struck against the car and the accident was caused according to them the deceased was driving the autocycle rashly. ..... vinod kumar gupta was 30 years old at the time of the accident and it was held that he would have contributed at least 150/-per month for the ..... that vinod kumar gupta was 30 years old at the time of the accident he could have remained in government service for nearly 28 years more. ..... scope of the corresponding provisions of the english fatal accidents acts has been discussed by the house of lords ..... there is actually no compensation for the loss of human life in an accident courts i have adopted various methods for awarding compensation in such a manner that the immediate family members of the deceased may ..... where three persons died as a result of collapse of a clock tower situated in the main bazar of chandni chowk, delhi belonging to the appellant after referring to section 1 of the fatal accidents act 1855, their lordships opined :' this section is in substance a reproduction of the english fatal accidents acts 9 and 10 vict. ch. .....
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