Court : Allahabad
Reported in : [1987]65STC323(All)
..... , floods, breach of road, accident, break-down, etc. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC10
..... /-, but held that the respondents were not liable to pay the said amount as the claimant failed to prove that the accident was caused by the jeep, belonging to the state electricity board.2. ..... it was not denied by them that the claimant met an accident with a jeep on 25-12-1977 and that he sustained fracture and ..... this is a first appeal from the order of the motor accident claims tribunal, jaunpur (for short the tribunal) dated 17-7-1980 dismissing the petition of the claimant holding that he was not hit by the jeep ..... highly improbable that an owner of a petrol pump would supply a number of a government vehicle to an injured person who met an accident to enable him to claim compensation from the government. ..... he sustained fracture in his left thigh besides other injuries, that he was taken to a doctor after the accident and there he was given medical aid and that he suffered from a permanent disability as a result of the accident which deprived him of earning livelihood. ..... usf 1756 could not have caused accident at the alleged time, as the jeep remained with the ..... of sri sahai is that the tribunal misappreciated the evidence on record and, therefore, wrongly concluded that the accident was not caused by the jeep no. ..... come to the second question whether the statement of the executive engineer excludes the possibility of an accidence being caused by the jeep no. ..... accepting and whether the statement of the executive engineer excludes the possibility of an accident being caused by jeep no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC581
..... the explanation oa behalf of the claimant is that the treatment was the paramount conideration after the accident and therefore, not much attention was paid to furnish the details of the jewellery, the loss of which was alleged in the first information report. ..... 10,000/- for loss of property and for pain and suffering caused to the claimant from the accident with the train, in which she travelled, had met on 10-10-1977. ..... learned counsel for the appellant adverted my attention to railway accidents (compensation) rules, 1950 (briefly, the rules, 1950) rule 6, sub-rule (3) in part 111 of the rules 1950 came up for interpretation before the calcutta high court in the case of union of india v. ..... the claimant being a hindu lady, it can be ordinarily presumed that she must be having some jewellery, which she might have lost when the accident occurred.4. ..... that is after three days of the train accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC73
..... 382 of 1978 assailed the finding that the accident took place due to rash and negligent driving of the taxi. ..... the owner-cum-driver alleged that the accident took place on account of slippery and muddy road due to rains. ..... the tribunal rightly accepted the claimants' version that the taxi was being driven at a speed of 80 or 90 kilometers and the accident took place due to rash negligent driving. ..... the tribunal held that the accident took place due to rash and negligent driving of the taxi. ..... these are two connected appeals under section 110-d of the motor vehicles act against the order dated 17-2-1976 passed by motor accidents claims tribunal (district judge ghazipur). ..... his version that the accident took place as he tried to save a minor girl, that he applied brakes suddenly, that taxi slipped as the road was slippery and muddy on account of rains and that the taxi therefore overturned saw the light of ..... the report of the accident was louged by ram bachchan singh on the same day at s.p. ..... the accident took place on 23-9-1976 and the written statement was filed on 15-10-1977. ..... a motor accident took place. ..... the deceased was 32 years old at the time of accident. ..... dw 2 sudama tewari did not lodge any report of the accident. ..... the version given in the report corroborates the claimants' version regarding the accident. ..... pw 1 mahmood was accompanying the deceased in the taxi which met with the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC88
..... 1 is the owner of the truck and it denied that the accident was caused due to the negligence of the driver. ..... the tribunal held that the accident took place due to the rash and negligent driving of the mini truck and that the appellant was entitled to a sum of rs. ..... 2 was made liable to pay the entire amount.2 on 31st march 1976, the appellant, a minor boy aged about 6 years, was the victim of a motor accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1986)ACC151; [1987]61CompCas754(All)
..... one sri satish chand mittal died on the spot on september 25, 1976, when he was travelling on the pillion of a scooter that met with an accident with bus no. ..... rjf 2877 did not possess a legal driving licence at the time of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC54
..... view the inconsistent statement made by pw 2, nalkey and pw 4 prabal pratap singh and the admission of the boy, who was sitting on the carrier of the cycle namely, kripa ram that he was shortly before the accident jumped from the carrier of the cycle, it appears that the case set up by babu khan the driver is correct and on the evidence on record it is not possible to take the view that the bus was being ..... this appeal has been preferred against the order dated 29-10-1977, passed by the motor accident claims tribunal, jhansi, dismissing the petition made by the appellants for compensation under section 110-a of the motor vehicles ..... has given his age as 50 years and has stated that he bad been driving bus on the particular road on which the accident was caused for the last about 10-10 years. ..... he does not claim himself to be an eye witness of the accident and has proved the extent of loss, which he suffered on account of the death of nanak ..... to the case of the claimants it was due to rash and negligent driving of the bus driver, babu khan that the accident was caused resulting in the death of nanak ram. ..... on the date and the time when the accident was caused nanak ram was going on a cycle with another boy kripa ram sitting on ..... are the parents of one nanak ram, who met with an accident while going on a cycle on 20-9-1972 with a private bus. ..... on account of the injuries sustained in the accident nanak ram died and consequent upon his death the claim petition mentioned above was filed by the .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC183
..... counsel for the appellant at some length we find it difficult to take the view that the award suffers from any such error which may justify interference in the present appeal the finding that the accident was caused due to rash and negligent driving by the driver of the truck owned by the appellant is based on cogent evidence and does not call for any interference, as regards the sum of rs. ..... 54,000/- awarded as compensation, it may be seen that the claimant-respondent when he met with the accident was not only studying in the high school but was also earning a sum of rs. ..... in the instant case the claimant respondent at the time of accident was aged 15 years and was reading in the high school he appears to be a studious boy and even while reading in the high school, he was also earning rs. ..... on the date of the accident he was dashed from behind by truck no. ..... this appeal has been preferred by the owner of a truck against an award of the motor accident claims tribunal, allahabad. ..... that was a case where the injured was a boy of 4 1/2 years at the time of accident and one of his legs bad to be amputated as a result of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC325
..... the tribunal has upon consideration of the evidence leached the finding that the cause of the accident was rash and negligent driving by sita ram, the driver, under the employment of the corporation and the compensation awarded to the claimants is a sum of rs. ..... in defence it was pleaded by the corporation that there was no rashness or negligence on the part of sita ram, the driver, as alleged by the claimants and that the accident took place instead on account of lack of care observed by murari himself. ..... this appeal under section 110-d of the motor vehicles act arises against the award of the motor accidents claims tribunal (district judge) deoria, dated 3-3-1978. 2. ..... the accident giving rise to these proceedings took place on june 21, 1977, at about 9.30 am. ..... the deposition of sita ram driver examined on behalf of the corporation in rebuttal, cannot inspire confidence in face of the salient features which accompanied the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC288
..... if the circumstances are such that a reasonable man would have foreseen the probability of the accident, then the truck driver, who failed to do likewise or who envisaged it and rejected it as too remote a chance, must be regarded as having been negligent. ..... llearned counsel for the claimant argued that on the material placed on the record, it is clearly borne out that the accident took place due to negligence of sobaran singh, the driver of the truck in question. ..... this appeal under section 110-d of the motor vehicles act is directed against an award of the motor accident claims (iii additional district judge) aligarh dated 6th november, 1977.2. ..... consideration being had to the above, i find it established that the accident took place on account of the negligence of the dw sobaran singh the truck driver.7. ..... in case such care will have been observed in the present, the accident may have in all probability been avarted.6. ..... there appears no dispute in regard to the photography of the relevant spot where the accident occurred. ..... the claim was resisted refuting that the accident occurred. ..... the accident giving rise to this proceeding occurred on august 30, 1973 around 10.00 a.m. .....
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