Court : Allahabad
Reported in : 2(1986)ACC327
..... looking to the nature of the injuries sustained by the deceased the tribunal rightly came to the conclusion that the truck was involved in the accident and not another cyclist coming from the opposite direction. ..... the aforesaid vijay kumar suffered serious multiple injuries due to the accident and died by the time he had reached the hospital. ..... 3 and 4 also did not accept the manner of accident alleged by the claimant and they put the claimant to strict proof-they also asserted that. ..... 100/- per month has fixed in the reported ruling at least 9 years before the date of accident under consideration in the present case. ..... mathur, district judge, nainital (motor accident claims tribunal) dated 20th march, 1978 in claims petition no. ..... on the pleadings of the parties the following relevant issues were framed by the motor accident claims tribunal:1. ..... at the time of accident the claimant was 50 years old. ..... 4473 was going at a low speed and it was not involved in the accident.4. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC505; [1988]63CompCas296(All)
..... in regard to the rash and negligent driving of the truck which led to the accident, the tribunal has carefully analysed the ocular account and the attending circumstances. ..... this appeal under section 110d, motor vehicles act, 1939, is directed against an award of the motor accidents claims tribunal (additional district judge, kanpur), dated november 13, 1976. 2. ..... looking into the circumstances in which the accident in question took place, it is in the fitness of things, in my view, that interest be also awarded on the amount of compensation and this may properly be at the rate of 9% per annum with effect from november 13, 1976, the date when ..... the tribunal found that the accident occurred due to rash and negligent driving of the truck in question by appellant no, 2. ..... bajpai before the accident, but there being no transfer made of the insurance certificate or insurance in relation to the appellant, the liability of the insurance company does not arise. 4. ..... the accident in question occurred on may 7, 1972, around 9.00 a.m. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC213
..... this appeal under section 110-d of the motor vehicles act is directed against the judgment of the motor accident claims tribunal (district judge, banda) dated 3rd november, 1977.according to the appellants case on january 24, 1975 around 5 ..... the tribunal recorded the finding that the appellant had failed to establish that the accident took place due to the impact of the bus in question hence no question of claim on his part for any compensation on this ..... for the appellant has taken me through the evidence on the record and contends that on the basis thereof including the pleadings of the parties it may be said to be fairly established that the accident took place as a result of the impact made by the bus aforementioned. ..... the appellant has given his version relating to the accident in the claim petition and also the statement given ..... to the above, i find upon the evidence placed on the record and the attending circumstances established satisfactorily that the accident resulted due to the impact of the bus in question.9. ..... pleadings on the side of the respondents including paragraph 5 of the written statement submitted by the driver it could appear to be manifest that there was some accident resulting in injuries caused to the appellant at the moment. ..... the intervening period between the accident and the lodging of the report is reasonably explained from the fact that the appellant was first taken to the hospital and it is there that the appellant's brother as he testifies got the report .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC231
..... she went upto the roadways authorities subsequent to the accident in which her husband was the victim and claimed compensation whereupon she was given to understand that the matter was under consideration and she, therefore, remained under the expectation that she might ..... this appeal under section 110-d of the motor vehicles act is directed against the order of the motor accident claims tribunal (district judge, hamirpur) dated november 3, 1979.2. ..... the vehicle involved in the accident, according to the appellant, was bus no. ..... the place of the accident is described as near village dharaon district hamirpur. ..... the accident in question took place allegedly on 2/3 august, 1974. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC157
..... this appeal arises from the award passed by the i additional motor accident claims tribunal, meerut dated 29th november, 1977 awarding a total compensation aggregating rs. ..... the tribunal accepting the case of the claimants, that the accident was caused by rash and negligent driving, awarded rs. ..... phool wati while travelling on 13th july, 1973 in a bainsa buggi on muzaffarnagar-meerut road, had met a fatal accident at about 5 p.m. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1986)ACC469; [1987]61CompCas207(All)
..... and as a consequence of the accident one of his legs had to be amputated at s. r. n. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]59CompCas805(All)
..... the appellants made an application for compensation before the motor accidents claims tribunal, varanasi, under the motor vehicles act.2. ..... 2 is the minor son of one ram kishun, who met with an accident and died. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC484
..... the corporation contested the claim on the ground that there was no rash and negligent driving and the accident did not occur on account of any negligence of the driver, on the other hand the deceased died on account of his own contributory negligence, as such the claimant was not entitled to any compensation.3. ..... on appreciation of the evidence of the parties the tribunal held that the accident occurred on account of the rash and negligent act of the corporation as a result of which iqbal moonis died. ..... the mother of the deceased was aged about 60 years at the time of the accident and she is alive and now aged about 70 years. ..... kallu ram was not aware to the defects and as such he drove the vehicle and when the vehicle was passing through the markundi hills, the brake failed as a result of which the accident occurred, causing death of iqbal moonis. ..... these two first appeal from orders are directed against the award dated 20-3-1978 given by the motor accident claims tribunal, mirzapur awarding a sum of rs. ..... moonis, claimant, died in an accident while he was travelling in vehicle no. ..... the deceased would have survived for another 38 years and in that case his mother would have received benefit from him for another period of 15 years from the date of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1986)ACC390; AIR1985All1; [1987]61CompCas710(All)
..... from the aforesaid observations of the supreme court, it is clear that the owner of the vehicle will be vicariously liable not only when the accident is caused by the driver himself but also when it is caused by the conductor, if the driver asked the conductor to drive the truck for his master's business and if the driver carried out the master's business in a ..... the tribunal accepted the case of the claimants that the vehicle was being driven by dal chand at the time of the accident; that the accident was caused by the rash and negligent driving of dal chand and not due to any mechanical defect beyond the control of the driver. ..... laid down the following test (at page 646) :' it is a question for the jury whether the effective cause of the accident was that the driver committed a breach of his duty (which was either to prevent another person from driving or, if he allowed him to drive, to see that he drove properly), or whether the driver had discharged that duty.'7. ..... have any idea of the direction in which the rickshaw and the truck were proceeding and, therefore, the tribunal was right in holding that he was not the driver of the truck that caused the accident, but he was misrepresented to be the driver of the truck by the truck owner. ..... whether the tribunal was right in holding that at the time of the accident, the truck was being driven by dal chand (conductor) and not by umrao, who was also, admittedly, a driver of the appellant ? 2. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1986)ACC419
..... there is nothing to corroborate his testimony and, therefore, on his version, it cannot be concluded that the accident occurred only due to the negligence of the track driver. ..... this is a bunch of three first appeals from a common order dated 25th january, 1979, of the motor accidents claims tribunal, meerut (hereinafter to be referred to as 'the tribunal').2. ..... the tribunal found that both the driver of the upsrtc and the driver of the truck were engaged in rash driving on 12-4-1974 at the time when the accident occurred. ..... the accident causrd injuries to several passengers travelling in the but, who were admitted, along with kishan chand in the civil hospital of meerut, where sri kishan chand succumbed to his injuries on 13-4-1974 at about 5,45 p.m. .....
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