Court : Allahabad
Reported in : 2009(4)AWC4141
..... 755 : 1995 (1) awc 39 (sc), laying the principles posited:broadly speaking, while fixing the amount of compensation payable to a victim of an accident the damages have to be assessed separately as pecuniary damages and special damages. ..... the jeep had died, so there was the greater involvement of the bus in the said accident and the compensation was rightly distributed at the ratio of 70:30 per cent. ..... law on compensation for injuries were worked out in 19th century, where railways accidents were becoming common and all actions were tried by jury. ..... 000 by observing that both vehicles were involved in the accident, so the liability was divided at the ratio of ..... further submitted that the accident was a contributory accident where both the bus and jeep were involved, so the compensation will have to be divided at the ratio of 50:50 per cent and certainly not at the ratio 70:30, as held by the motor accident claims tribunal. ..... learned counsel for the appellants submitted that the bus was not involved in the accident as no report was mentioned in the faizabad depot. ..... and gone through the material available on record from which it appears that in the claim petition pertaining to deceased sri safat ahmad, the bus was held liable for the accident, which was occurred on 9.5.1995 at 9.45 a.m. ..... order' has been filed under section 173 of the motor vehicles act against the judgment and award dated 13.12.2004, passed by the motor accident claims tribunal, sultanpur in motor accident claim petition no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2009All171
..... of the ombudsman,, in respect of the third ground, the ombudsman observed that technically speaking, the contract stood vitiated as there was a lapse on the part of the proposer in not intimating the insurer about the accident which he was obliged to do on the basis of the declaration made by him in the proposal form, but since life insurance is for the benefit of the family members, non-compliance of this onerous condition ..... submitted by the petitioner was repudiated by the corporation on three grounds but in the present case we are concerned only with the third ground, namely that information about the accident of the proposer on 23rd may, 1999 had not been given by the proposer to the corporation before the issuance of the first premium receipt by the corporation on 31st ..... submission of the proposal form and the issuance of the first premium receipt, but in the facts and circumstances of the case when the proposer was hospitalised after the accident on 23rd may, 1999 and was not in a position to intimate the corporation, about the accident, it cannot be urged by the corporation that the breach of the declaration will vitiate the contract as such a condition is onerous ..... 1999 and as the said amount stood credited in the account of the corporation on 18th may, 1999, the contract stood concluded on the said date much prior to the occurrence of the accident on 23rd may, 1999, he, therefore, submitted that the proposer was not obliged to give information to the corporation about the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3432
..... 2, who was 42 years of age at the time of filing of the writ petition and that he met with an accident, his left leg was injured, therefore, father needed the shop bona fidely for the handicapped son. ..... in the instant case, release application was filed in the year 1989 on the ground that the son had met with an accident in the year 1970 and sustained injury on his left leg. ..... this was not the case of the landlord on the contrary it was only for the need of his son, who met with an accident and had slight injury on his left leg. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4020
..... 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.uma nath singh, j.8. ..... the appeal is arising out of the judgment and order dated 9th march, 2009 passed by the motor accident claims tribunal/ additional district judge/special judge, chandauli, awarding compensation of rs. ..... the case before the supreme court was filed on behalf of the concerned appellant management board therein saying that they have received motor accident compensation, therefore, an appropriate deduction is to be made in computing the compensation. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4088
..... 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.uma nath singh, j.6. ..... the insurance company has proceeded with a plea that at the time of accident the deceased was aged about 24 years and unmarried. ..... ), where the deceased was living and accident was caused, the family was nucleous family or joint family, is a big question. ..... this is an appeal of the insurance company challenging the judgment and order passed by concerned motor accidents claims tribunal, jaunpur dated 10.4.2009. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3645
..... 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.d.k. ..... state road transport corporation has preferred this appeal against the judgment and order passed by the concerned motor accidents claims tribunal, ghaziabad dated 5.3.2009. ..... factually, at the time of the accident and untimely death, in that particular case, the deceased was 38 years, working as a scientist in the indian council of agricultural research. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2573
..... claim petition was decided on 20.8.2004 by motor accident claim tribunal/additional district judge/special judge (anti corruption), bareilly. ..... 2 the question as to whether at the time of accident jeep driver was having valid driving licence or not was discussed. ..... father of the claimants had died in an accident with the vehicle belonging to respondent no. 3. ..... it is also mentioned that defendants did not file any oral or documentary evidence regarding accident and negligence of the driver in the accident. ..... 1 and 2 filed motor accident claim petition (m.a.c.p.) no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2865
..... (2) any half-monthly payment made, on review under this section, subject to the provisions of this act, be continued, increased, decreased or ended, or, if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the workman is entitled less any amount which he has already received by way of half-monthly payments.2. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009CriLJ4477
..... sarvar and zahir were going on the scooter, accused imamuddin and nasruddin and one more came from behind on a motorcycle and by bringing the motorcycle ahead of the scooter stopped the same, in order to avoid accident, zahir ahmad took his scooter to the left hand side and went into a ditch. ..... the complainant in order to avoid accident turned towards left side and went into a ditch having water. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4016
..... (1) tac 994 (kant), para 16 of the judgment says as follows:it is evident from the above that section 163a was never intended to provide relief to those who suffered in a road accident not because of the negligence of another person making use of a motor vehicle, but only on account of their own rash, negligent or imprudent act resulting in death or personal injury to them ..... in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. ..... 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is ..... recommendation of the law commission were concerned more with the victims of hit-and-run accident cases where the particulars of offenders could not be ascertained.5. ..... according to the learned counsel appearing for the appellant, an accident took place by a bolero car and the driver of the bolero car ..... upon accepting such statement the concerned motor accidents claims tribunal, meerut by its judgment and order dated 6.4.2009 held that the claimant will be entitled for compensation .....
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