Court : Allahabad
Reported in : (1987)61CTR(All)281; [1987]167ITR852(All); [1987]31TAXMAN167(All)
..... policy could not be construed as a property or an interest in property since the person who possessed it cannot also be said to have a contingent interest because there was every possibility of the accident policy getting extinguished or rendered worthless during his lifetime ; on the other hand, in the case of a life insurance policy, there was always a tangible continuing interest, onlythat the value of that interest might be subjected to change ..... . so far as the second question is concerned, the argument of the accountable person was that the sum paid under the accident policy could not be aggregatable with the other estate of the deceased and was liable to be treated as an estate under section 34(3) of the estate ..... sham kumari, widow of the deceased, shri prem narain sharma, under the accident-cum-life insurance policy from the lic was includible in the principal value of the estate left by the ..... 1 lakh was payable only in case the insured died as a result of an accident and, therefore, the insured did not have any interest in the sum during his ..... 1 lakh which was received under the accident policy by the accountable person was liable to be included and as such the assistant controller had not committed any error in ..... prem narain sharma died in agra in a car accident on may 23, 1973, leaving behind his wife, smt sham kumari, and two sons, namely, suresh sharma and vinod sharma, and three ..... arose on the death of the deceased in an accident during the subsistence of the policy. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1988)ACC282
..... the material placed by the parties including the survey report on which considerable emphasis has been placed by counsel for the respondents the tribunal has recorded, as seen above, categorical finding that the accident was caused on account of the rash and negligent driving by the driver of the truck and that the driver of the taxi took every precaution to save the ..... was no age of superannuation in the mills where the deceased was working and that the deceased was enjoying a good health it can safely be held that had the deceased not met with the accident he would have been in the service of the mills upto the age of 65 years and the amount of compensation deserves to be calculated on that basis.6. ..... tribunal has multiplied this figure by seven on the finding that the deceased being 53 years of age at the time of the accident and may have been in employment till the age of 60 years the claimants were entitled to this benefit for seven years. ..... the age of the deceased has been found to be 53 years at the time of the accident and the tribunal has hold that there being no age of superannuation the deceased could have worked up to the age of 60 years and the compensation has been determined on that ..... of the instant case, that the deduction for lumpsum payment was rightly made and that indeed the amount of compensation awarded is excessive and should be considerably reduced even if the finding that the accident took place on account of the negligence of the driver of the truck is upheld.5. .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]67STC227(All)
..... in the event of complete or partial loss due to accident the applicants are required to compensate the insured. ..... in the course of their business the applicants, insurance companies, insure motor vehicles against loss or damage caused due to accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC241
..... in paragraph 7 of the said decision it was held: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 ..... it however held that since the deceased was about 24 years of age at the time of the accident he could not sit idle and would have done something to earn his livlihood and help his parents in their old age by providing them some, money, a solatium in the sum ..... to the quantum of compensation the case of the appellants was that at the time of the accident rajiv nandan srivastava was employed in sahara saving corporation, golghar, gorakhpur, and was earning rs. ..... contested by the respondent inter alia on the ground that no accident took place by the respondent's bus as alleged by the appellants and that at all events the bus was not being driven either rashly or negligently at the time of the alleged accident and consequently the appellants were not entitled to any compensation. ..... into consideration the evidence produced by the parties the tribunal recorded findings in favour of the appellants that the accident as alleged by them had taken place and that it was established that the driver of the bus was rash and negligent in driving the bus which resulted in the accident and ultimate death of rajiv nandan srivastava. ..... 500/- per month at the time of the accident and the tribunal committed an error in taking a view to .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC176; II(1987)ACC472
..... the finding recorded by the tribunal is to the effect that the accident took place on account of rashness and negligent driving by the driver of the said vehicle. ..... according to him, when the accident took place on 28th october, 1974, the vehicle did not belong to him. ..... this appeal has been filed against the judgment and order dated 25th april, 1978 passed by the motor accidents claims tribunal, gorakhpur. ..... the motor accidents claims tribunal recorded a finding that admittedly appellant is the owner of the registered vehicle no. ..... the accident in the present case took place on the 28th october, 1974, as a result of which admittedly one om prakash died. ..... the tribunal decreed compensation only as against the appellant on account of the said accident.2. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC46; [1988]63CompCas266(All)
..... the owners of the truck resisted the claim pleading that the accident took place due to rash and negligent driving by the deceased and that they are not liable to pay any amount by way of compensation in these proceedings. ..... these connected appeals under section 110d, motor vehicles act, are directed against an award of the motor accidents claims tribunal (additional district judge, allahabad) dated december 20, 1977.2. ..... section 3(1) lays down that personal injury caused to a workman by accident arising out of and in the course of his employment has to be compensated by the employer. ..... the submission made is that the accident in question was caused when jaskaran singh, the deceased, was himself driving the truck and neither of the owners of the truck was in the picture. ..... a reference to section 1a of the fatal accidents act suggests as well that there has to be shown wrongful act, neglect or default of the person who is made liable to compensate. ..... , jaskaran singh was driving the truck loaded with bricks from the brick kiln of iradatganj, district banda, when it met with an accident having dashed against a tree. ..... the accident took place while jaskaran singh was driving the truck in the course of his employment with the owners thereof. ..... the accident took place due to the negligence on his part and there was contravention also of the terms of the insurance policy.3. ..... jaskaran singh died instantaneously on account of the injuries sustained in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]61CompCas725(All)
..... the tribunal has, upon considering the evidence, recorded the finding that the accident occurred due to the rash or negligent driving of the truck in question and that there is no evidence on the record to establish, as contended for the appellant and respondent no. ..... learned counsel for the appellant contends that there was no rational basis for the exemption granted to the insurance company from the liability arising due to the accident, in case it is accepted that the accident took place due to the rash or negligent driving of the truck. ..... the other ground taken by the tribunal in this respect is that soon after the accident there was no information conveyed by or on behalf of the claimant to the insurance company. ..... this appeal under section 110d of the motor vehicles act is directed against the award given by the motor accidents claims tribunal (additional district judge), gorakhpur, dated april 8, 1978.2. ..... in so far as the quantum of the compensation awarded which is disputed by the appellant is concerned, it may be recalled that the claimant was about nine years old when the accident occurred. ..... the accident occurred on july 6,. ..... the insurance company has, however, been exempted from liability arising due to the accident.4. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC446
..... this appeal under section 110-d of the motor vehicles act is directed against the award given by the motor accident claims tribunal (vii additional district judge), allahabad, dated 31st august, 1978.2. ..... there is no dispute any longer that the accident took place on 11th april, 1976, around 6.30 a.m. ..... the tribunal found that the accident took place due to the rash and negligent driving of the truck. ..... in defence it was refuted that the accident took place due to the rash or negligent driving of the vehicle. ..... the accident occurred on 11th april, 1976, at about 6.30 a.m. ..... the tribunal has, on consideration of relevant material placed before it, recorded finding that rash and negligent driving of the truck was the direct cause of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC534
..... this is an appeal under section 110-d of the motor vehicles act, directed against the award of the motor accident claims tribunal (vth additional district judge) moradabad, dated 16th december, 1977.2. ..... that since the truck stood insured during the period of 5th april, 1972 to 4th april, 1973, that suffices for the purpose of fastening liability against the insurance company even though when the accident took place, the vehicle stood transferred in favour of the respondent no. ..... on this account, it is urged, there could be no liability fastened against the appellant insurance company since when the accident took place the vehicle had ceased to belong to the insured. ..... 5 on 2nd november, 1972, that is to say prior to the accident, which took place on 30th november, 1972. ..... dated 2nd november, 1972, there was insurance of the vehicle by transfer thereof of otherwise in favour of mahendra singh and whether in the absence thereof the appellant insurance company can still be held liable for the accident which occurred on 30th november, 1972. ..... it has been found that the accident took place due to rash and negligent driving of the truck by mangal singh respondent no. ..... for this reason, according to the respondent's learned counsel, the insurer cannot escape liability flowing as a result of the accident dated 30th november, 1972.4. ..... the accident, giving rise to the award, occurred on 30th november, 1972, around 1 p.m. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC293
..... the tribunal came to the finding that the accident took place directly due to the rashness and negligence on the part of the driver of the truck in question. ..... this appeal under section 110-d of the motor vehicles act is directed against the award of the motor accident claims tribunal, allahabad dated october 4, 1977.2. ..... the question whether the accident resulted due to rash or negligent driving of the truck and if so the quantum of compensation to which the claimant is entitled is something between the claimant on the one hand and the truck owner/driver on the other. ..... 6 it was contended that the accident did not occur on account of rashness or negligence on the part of the driver, as claimed by the claimants. ..... the accident in question occurred on july 25, 1976 round 4 30 a.m. .....
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