Court : Allahabad
Reported in : 1(1986)ACC248
..... sajda begum aggrieved by the award aforesaid the state of uttar pradesh to which the jeep belonged, by which the accident resulting in the death of rais ahmad siddiqui was caused, along with some officers of the state government of uttar pradesh preferred three first appeals from order in this court. ..... 42 of 1979 is that the award appealed against wherein it has been held that the accident was caused on account of the rash and negligent driving of the driver of the jeep and the total amount of compensation has been determined at rs. ..... 1,19,467/-was awarded to the claimants in the aforesaid three claim petitions as compensation consequent upon the death of sri rais ahmad, executive engineer, ken canal division banda on 22nd may 1977 caused in an accident which took place at about 12.20 a.m. ..... these three first appeals from order have been filed against the composite award dated 14th august, 1978 given by district judge, banda in motor accident claim petition nos. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC157
..... the finding recorded by the tribunal, therefore, to the effect that the accident resulted due to negligence of the truck driver may not be claimed to be open to interference.8. ..... sri saran argued that the claimant could not establish that the accident was caused due to negligence or rashness on the part of the truck driver. ..... the tribunal has, on consideration of the evidence, found that the accident was caused due to negligence of the truck driver and not on account of any fault on the part of abdul haneef. ..... these connected appeals are directed against an award of the motor accidents claims tribunal (1 additional district judge, jhansi), dated may 10, 1978.2. ..... the admitted facts are that the accident took place on april 5, 1974, at about 3.30 p.m. no. ..... it was refused that the accident took place due to rashness or negligence of their driver and the claim for compensation made by the victim was also assailed as highly exhorbitant.4. ..... the accident occurred on april 5, 1974, around 3.30 p.m. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1985)ACC434; [1987]61CompCas817(All)
..... the tribunal, in my opinion, rightly concluded upon the evidence placed on the record that the accident took place due to rash and negligent driving of the taxi car.7. ..... these connected appeals arise against an award of the motor accidents claims tribunal (third additional district judge, jaunpur), dated may 8, 1978.2. ..... the tribunal came to the finding that the accident occurred due to rash and negligent act of the driver plying the taxi run by chhotey lal. ..... on the own showing of the claimant, his income from the practice on the income-tax side during the relevant period prior to the accident was near to rs. ..... the accident occurred on august 14, 1969, around 8 a.m. ..... the claimant, it may be noted, was about sixty years of age at the time of the accident. ..... curiously enough he proceeded ahead to say that he is unaware if the taxi caused or met with any accident. ..... in the written-statement filed by him, chhotey lal did not give any counter-version of the accident. ..... , srivastava, another eye witness to the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]62CompCas87(All)
..... persons to whom compensation shall be paid, and in making the award, the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.provided that where such application makes a claim for compensation under section 92a in respect of the death or permanent disablement of any person, such ..... in para 10 (at page 651 of 59 comp cas) it is observed:'in view of the above, we hold that the insurer is liable to satisfy the compensation claim arising from the accident with the insured vehicle to the extent of the amount that the policy of the insurance in terms of section 95 happens to cover and, therefore, to the extent of the policy cover, ..... -o inserted provides :'for the removal of doubts, it is hereby declared that the expression ' claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles' includes claims for compensation under ..... the case are not very much relevant at this stage except that an accident occurred after october, 1, 1982, when the central (amendment) act 47 ..... permanent disablement is defined in section 92c as meaning injury suffered by reason of the accident involving :' (a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or(b) destruction or permanent impairing of the powers of any member or joint; or(c) .....
Tag this Judgment!Court : Allahabad
Reported in : II(1985)ACC472; [1988]63CompCas25(All)
..... regard to the chronological sequence in the present as detailed above, i have no hesitation in endorsing the finding of the tribunal that the accident occurred due to the rash and negligent driving of the bus driver and there was no contributory negligence of p.w. ..... applicant had already traversed practi-t cally the entire width of the road and could not even avert the accident as the abutting portion of the central reservation track prevented him from doing so. ..... counsel for the corporation-appellant urged that the tribunal has erred in finding that the accident took place due to rash and negligent driving of the bus driver. ..... the width of the road, the bus driver had the scooter in full view and could have easily averted the accident by slowing down the bus or turning it towards the left lane. ..... not be overlooked that the compensation awarded is for the loss incurred during the period commencing when the accident took place and before the claim was brought. ..... ' it may sometimes be a useful test to apply in deciding, as a matter of fact, whether an accident was caused by the fault of one or both of the parties. ..... the corporation resisted the claims refuting that the accident took place due to rash or negligent driving of ..... kumar, testified that the bus could not be visible except a few seconds before the accident took place. ..... motor accidents claims tribunal [1980] acj 83 (p & h), cited for the appellant that this regulation casts no duty on the driver running on the main road to slow down .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]61CompCas794(All)
..... sudhakar, air 1968 mp 47, where a bus going ona clear and visible road at high speed, and there being no traffic near the place of accident, took a turn to the left for no apparent cause, went off the road and after dashing against two trees overturned, as a result of which some ..... the principle it must be shown that the car was under the management of the defendant and that the accident is such as in ordinary course of things does not happen if those who had the management used proper ..... this respect to be (at page 185) : ' ......that when a motor vehicle suddenly leaves theroad, mounts the pavement or crashes against an offside tree, or falls down an embankment and meets with an accident resulting in death, the fact that it went off the road is, without more, per se proof of negligence. ..... lays down (at page 1739) : ' where the maxim is applied, the burden is on the defendant to show either that in fact he was not negligent or that the accident might more probably have happened in a manner which did not connote negligence on his part. ..... is well settled that the maxim res ipsa loquitur applies whenever it is so improbable that such an accident would have happened without the negligence of the defendant ' that a reasonable jury could find without further ..... the record place this case under the principle of res ipsa loquitur and the burden, therefore, lay upon the other side to prove that the accident took place without the truck driver being negligent or despite his taking reasonable care. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC465
..... the situation in which the bus in question dashed the deceased and the absence of cogenter satisfactory evidence from the side of the appellant on the question as to here the accident occurred in spite of due care and diligence exercised by the driver to avert the accidept, lead to the conclusion that this was in all probability due to rash and negligent driving on the part of the driver.3 ..... this being so it, cannot be accepted that pw vijay singh will not have been in a position to see as to how the accident occurred or even notice the speed at which the bus was being driven pw sheo kumar singh is a resident of village alalpur. ..... the tribunal has, on consideration of the evidence placed before it, reached the finding that the accident resulted due to rash and negligent driving by dw bhagwan singh of the bus in question and that there was no contributory negligence on the part of the deceased ..... it was argued in this connection that the accident having taken place around 6.30 p.m. ..... motor accident claims petition, giving rise to this appeal, was filed thereafter under section 110-a of the motor vehicles act containing the allegations that the accident took place on account of rash and negligent driving by bhagwan singh, the driver of the bus in ques ion ..... december 6, 1975, the visibility will have been over and hence neither pw vijay singh nor pw shoe kumar singh would be in a position to see as to how the accident occurred. ..... the accident took place on 6th of december, 1975 around 6.00 p .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]61CompCas741(All)
..... the tribunal has, upon consideration of the evidence, reached the finding that the accident occurred due to rash and negligent driving by miraj mohammad, the driver of the truck, and that the liability of the owner of the truck and the oriental fire and general insurance co. ..... these connected appeals are directed against an award of the motor accidents claims tribunal (ivth additional district judge), farrukhabad. 2. ..... the case pertains to only one accident and the amount awarded of rs. ..... the accident took place on october 20, 1972, around 9 p.m. ..... loss to property was also caused as a direct result of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC548
..... the tribunal has, up on consideration of the evidence, reached the finding that the accident occurred due to rash and negligent driving by miraj mohammad, the driver of the truck, and that the liability of the owner of the truck and the oriential fire & general insurance co. (l. ..... these connected appeals are directed against an award of the motor accidents claims tribunal (iv additional district judge), farrukhabad.2. ..... the case pertains to only one accident and the amount awarded of rs. ..... the accident took place on october 20, 1972, around 9 p m. ..... loss to property was also caused as a direct result of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC429
..... there is, therefore, the liability for compensation in respect of each of them due to the accident despite the fact that the injuries resulted in the same transaction. ..... these appeals arise against the award of the motor accidents claims tribunal (ii additional district judge), bijnor dated september 17, 1977.2. ..... this is in conformith the principle underlying the fatal accident act there is nothing to the contrary lald in the motor vehicles act. ..... if more than one person is injured during the course of the same transaction, each one of the persons has met with an accident, vide: motor owners assurance company ltd. ..... case : [1982]1scr860 in relation, therefore, each of the persons affected there shall be deemed to be an accident taking place. ..... 586 of 1978 is concerned, this is an off shoot of the motor accident case no. ..... the accident occurred on june 21, 1972. ..... 566 of 1967: mubarak died due to the injury caused by the accident. ..... 565 of 1977: death occurred of zulferqar ahmed, another passenger on the tempo due to the injuries caused as a result of the accident. .....
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