Court : Allahabad
Reported in : II(1987)ACC410
..... evidence of pw 1 itself, it is established clearly that the tractor of the appellant was involved in the accident and that it was further driven by a person shiv narain who did not hold a valid licence. ..... a first appeal from order filed under section 110-d of the motor vehicles act against the judgment of the motor accidents claims tribunal, gorakhpur, dated 28th may, 1986, by which the claimant mohammad isha, respondent no. ..... not find any legal infirmity in the finding recorded by the lower court in regard to the fact that the tractor of the appellant was involved in the accident and that it was driven by shiv narain who did not hold a valid licence.11. ..... for the appellant have vehemently contended that, in-fact, the tractor of the appellant was not involved in the accident and, as such, the entire claim decreed against him is not maintainable. ..... and 2, namely, whether the claimant received injuries in the accident on account of rash and negligent driving of tractor no ..... the other witnesses of the accident have actually become hostile in the criminal case pending against the appellant and, as such, they could not be produced in support of ..... on 9th september, 1982, an accident occurred near terhwa at maharajganj-pharenda boad, mohammad isha was then a student of class x, aged about ..... by its driver shiv narain and whether the aforesaid tractor was never involved in the accident.6. ..... was denied by the appellant on the ground that, in fact his tractor was not involved at all in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1987)ACC231
..... it was also contended that cause of death of sangram singh has not been proved as being the accident in question and, therefore, the compensation cannot be awarded, and, lastly, it is contended that on merits also the case for the claimants was not made out.11 ..... firstly, it is contended that the claim against it was barred by limitation; secondly, it is said that there is no evidence on record to show that sangram singh died because of the accident in question and, thirdly, on merits, it is contended that sita ram was not responsible for that accident which actually took place because of the negligence of the deceased, sangram singh himself.10. ..... these two appeals arise out of and are directed against the judgment passed by the motor accident claims tribunal, 1st additional district judge, kanpur dated 30-8-1978 in claim case no. ..... basis of this argument, which was advanced before the court below and is also advanced before me, is the statement of pw hari mohan yadav who at the time of accident, was in the ill fated bus driven by the deceased, sangram singh. ..... of the other pleas was that the death of sangram singh had not occurred on account of this accident and that the deceased was also liable for contributory negligence.5. ..... is true that within six months' period from the date of accident, no application for compensation against the insurance company had been moved. ..... , we may also touch the plea that has been raised now that the accident did not result into the death of sangram singh. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC451
..... we are satisfied that the present one was a fit case where motor accident claims tribunal should have condoned the delay and treated the claim petitions as having been filed within time. ..... we are of opinion that under section 110-a of the motor vehicles act there was power in the motor accident claims tribunal to condone the delay in filing the claim petitions. ..... two claim petitions were filed before the motor accident claims tribunal on 27-8-1984 by dwarka prasad on account of death of rajendra kumar alias rajju claiming compensation of rs. ..... basis of what had been held by the supreme court and after examining the facts and circumstances of the present case, we set aside the impugned order and send the case back to the motor accident claims tribunal for being decided on merits expeditiously.6. ..... the motor accident claims tribunal should have accepted such a plea in absence of any counter affidavit. ..... in an accident which took place on 7-2-1984 rajendra kumar alias rajju, son of dwarka prasad died and the other person who was involved in the accident and received injuries was bhagwan das.2. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1988)ACC338
..... it was denied that the bus was being driven rashly and negligently and the contention was that the accident took place because inaverting collision with the milk tanker the driver moved towards his left when suddenly the deceased came with his cycle in front of the bus and received the ..... the driver neither gave any alarm nor tried to avert the accident but dashed the bus against the cycle of the deceased on the wrong side of the ..... 23 of the form what is required to be given is a brief account of how the accident occurred and how the applicant is entitled to clalm compensation and the respondent is liable to pay the compensation ..... on account of lump sum payment has to be made if the compensation is determined on the basis of the income at the time of accident without taking into calculation any future increase therein.26. ..... i find and hold that his finding in this respect is justified and correct and the accident took place as the bus no upb 4866, belonging to the u.p. ..... , aligarh and etah, rampal singh died as a result of the accident, which admittedly took place on 24-11-74 involving government road bus no. ..... is evidence on record on the basis of which the tribunal has come to hold that the longevity in the family of the deceased was upto 70 years and that if he had not died in this accident, he would be presumed to have lived upto that age.28. ..... 's testimony has been rightly rejected because he went on the spot after learning about the accident and did not see the incident himself. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC433
..... 1 ashraf husain who was a fitter employed by the appellant has clearly stated that only a day before the accident, the bus was reported to be defective and was so recorded in the defect register after he had examined the same. ..... the claim was contested on behalf of the appellant and it was alleged that the accident did not take place on account of the rash or negligent driving of the vehicle by the driver. ..... the claims tribunal was, therefore, fully justified in holding that the accident was caused on account of gross negligence on the part of the corporation as also the driver of the vehicle. ..... the driver tried to avoid the accident by turning the bus towards the right but the brakes of the vehicle failed and after the accident the bus dashed against a tree and thereafter proceeded into nearby fields and stopped only at a distance of 100 paces from the road side causing injuries to some passengers, the driver and the conductor. ..... some amount was claimed on account of medical expenses, damage caused to the bullock-cart, loss of one bullock in the accident and for funeral and other expenses.3. ..... however, the manner in which the accident is said to have taken place is disputed ..... state road transport corporation has assailed the award of the motor accident claims tribunal, banda, whereby a sum of rs. ..... whether the deceased contributed to the accident by his own negligence as alleged? ..... according to the allegation made in the claim petition, an accident took place on 28-12-1976 at about 9-40 a.m. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1988)ACC127
..... counsel on both the sides, i am of the view that the finding of fact recorded by the learned tribunal regarding happening of this incident is perfectly justified from the evidence on record and it is established satisfactorily that the accident did take place because of the rash and negligent driving of the vehicle by the driver, which was owned by sardar harnam singh, the appellant no. 2. ..... the result, both the appeal and the cross-objection are dismissed and the judgment and order of the motor accidents claims tribunal, etah (viith additional district judge, etah), dated 29-5-1979 is upheld and confirmed.10. ..... have been filed by the respondents but no specific point has been agitated for consideration of this court and the only allegation made is that the accidents claims tribunal has erred in rejecting the claim of the respondents to the extent of rs. ..... tribunal came to the conclusion that the petitioner being widow of the deceased was entitled to file the petition under section 110-a of the motor vehicles act; that the accident in question took place because of the rash and negligent driving by opposite party no. ..... 1; that the deceased was about 25 years of age at the time of accident, and that his health was perfectly good and he was not suffering from any ..... company filed a separate written statement taking the same defence which was taken by the owner and the driver, except for the fact that they admitted that the accident in question took place on 8-5 77 and vehicle no. u.p.i. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC491
..... on the contrary, there was evidence to show that it was a motor-cycle, which was responsible for this accident he also came to the conclusion that the opposite party dinesh chandra was not responsible for this occurrence. ..... the learned judge came to the conclusion that the applicants before him had failed to prove that the opposite party had caused the accident and consequent death of their father and as such he dismissed the claim petition with costs.2. ..... . i have very carefully perused the entire evidence on record and i am in agreement with the learned judge of the tribunal that the appellants had miserably failed to prove that the accident was a result of the driving of the scooter or motor cycle by the defendant ..... briefly stated, the facts of the matter are that a claim petition was moved before the district judge-cum-motor accidents claims tribunal, azamgarh by the four sons and heirs of sarju yadav, who died as a result of an accident caused by a motor vehicle. ..... the learned judge in the court below, however, came to the conclusion, after assessment of the entire evidence on record that was adduced, that it was not proved satisfactorily that the accident was caused by a scooter. ..... this appeal is directed against the order dated 16-2-1978, passed by the district judge, azamgarh, acting as a motor accidents claims tribunal in case no. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1987)ACC127
..... the learned court below's finding that the accident took place on account of a rash and negligent driving by prem driver of truck no. ..... even now before me, it is not argued that the accident did not take place with this truck. ..... he was sitting on the tea shop of gauri shankar, when this accident took place and he saw what happened. ..... 90/- per month.so far as the fact of the accident is concerned, it has been established on the record satisfactorily and beyond doubt. ..... issues were struck and it was found that the accident took place as a result of careless driving of truck no. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC382
..... the first appeal has been preferred by jeodhan rai against the order dated 20th march, 1979 passed by the motor accident claims tribunal/iii additional district judge, gorakhpur dismissing the claim of the appellant for compensation under the motor vehicles act.2. ..... the other contradiction pointed out by the tribunal was that whereas the appellant had stated in its deposition that there were three or four shops at the place of the accident, barrister rai had stated that there were no shops at that place. ..... what he had stated was that at the place where the accident had taken place there were no shops except shop of a tailor, a person mending charis and one or two shops of tea vendors. ..... out certain alleged contradictions in the statement of the appellant and barrister rai the tribunal came to the conclusion that barrister rai does not appear to have been present on the spot at the time of the accident at all and consequently his statement was not worthy of credence. ..... as seen above, the case of the appellant was that at the time of accident his nephew barrister rai was also accompanying him. ..... the tribunal also recorded a categorical finding in favour of the appellant that it was fully established that on 28th december, 1976 the appellant had met an accident with a tractor which resulted in his injuries. ..... a perusal of the statements of the appellant and barrister rai as also of the two doctors referred to above, we are clear in our mind that the accident had taken place with tractor no. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC301
..... thus in case where the victim suffers more than one non-scheduled personal injury caused by the same accident the provisions of sub-rule (4) of rule 6 are also attracted and the compensation has to be determined in accordance with the provisions of sub-rule (3) and sub-rule (4), read together. ..... 3 indicates that while determining the compensation he was solely guided by the provisions of sub-rule (3) of rule 6 of the railway accidents compensation rules, 1950 and proviso thereto, made by the central government in exercise of the powers conferred by section 82-j of the act. ..... sub-rule (4) of rule 6 contemplates that where more than one injury is caused by the same accident, compensation shall be payable in respect of each injury.9. ..... 15,000/- in all, for the injuries sustained by him in the accident in question.14. .....
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