Court : Allahabad
Reported in : AIR1985All354; [1987]62CompCas536(All)
..... a claim petition was filed by the respondent 3 before motor vehicles accident claims tribunal (district judge, fatehpur). ..... it seems the attention of the tribunal was not drawn to the insurance policy which covers the period when the accident took place, viz. ..... 15-2-1984 with the observation that it appears that the insurance policy relied by the petitioner was for the period of june 5, 1982 to june 4, 1983 and that did not cover the date when the accident took place. ..... an accident took place on 19-10-1982 involving a bus owned by the petitioner and leading to the death of ajaipal singh, the husband of respondent 3. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1987)ACC492
..... it seems the attention of the tribunal was not drawn to the insurance policy which covers the period when the accident took place, viz. ..... ) and that did not cover the date when the accident took place. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All220
..... the tribunal held that the deceased was 35 or 36 years old at the time of the accident and that his income was rs. ..... the tribunal held that the accident took place due to the rash and negligent driving of the bus by opposite party no. 1. ..... 2 baldeo prasad, the father, that sita ram was about 35 or 36 years old at the lime of the accident and he was employed on a salary of rs. ..... it was denied that the accident took place due to negligence of opposite party no. 1. ..... , 1977 passed by the motor accidents claims tribunal, (additional district judge court no. ..... it was said, accident took place due to rashness and negligence of the driver of the bus, that sita ram was 34 years old and he was employed on a salary of rs. ..... a motor accident took place near the bus station nabina on jhansi lalitpur road. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1986)ACC24
..... owner of the vehicle and the insurer and ultimately it is held that the owner is hot liable because his vacarious liability has not been established and the insurer is also not liable because the accident was caused in a manner and under circumstances not covered by the policy of insurance the claim petition will have to be dismissed and the legal representatives of the deceased would not be in a position to get any ..... in the case of prafulla kumar misra (supra) it was held that the driver is also liable on a plain reading.of section 110-b of the act however relying on rule 6 of the orissa motor vehicles (accident claims) rules, 1960 and the form prescribed for making claim under the act, it was held that since rule 6 contemplated notice of the claimants the owner and insurer only. ..... far as the owner of the bus is concerned he would be vicariously liable if it is held, as has been held in the instant case, that the appellant was driving the bus at the time of the accident in the course of his employment. ..... appeal has been filed against an award dated 30th may 1985 given by the motor accident claims tribunal, pauri garhwal in motor accident claims case no. ..... was the driver of the bus at the time when the accident took place. ..... jeep met with an accident with bus no. ..... motor accident claims tribunal rules, 1967 which is in comparison with rule 6 of the orissa rules is interpreted as has been urged by the counsel for the appellant, namely that in view of that rule and the form prescribed .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC345
..... the insurer disputed the allegation of the claimants both as regards whether the accident had occurred on account of rash and negligent act of the driver as well as to the quantum of compensation claimed in the two petitions. ..... appellant has very fairly stated that on the evidence on the record which was one way only, he would not be able to question the correctness of the decision of the court below on the issue whether the accident was caused by the rash and negligent driving of the truck. ..... there is sample evidence on the record that as a result of the accident the claimant suffered several injuries and that he continued to remain under medical treatment for nearly 1 1/2 months. ..... in support of it, the learned counsel cited a decision reported in in 1977 accidents claims journal 403, faxilka dabwali transport co pvt ltd v. ..... the case of the claimants was that the accident took place entirely on account of the rash and negligent act of the driver of the truck as a consequence of which they suffered multiple injuries resulting in some permanent disability also.5. ..... the motor accident claims tribunal on a consideration of the evidence on the record awarded a total compensation of rs. ..... 2000/- as loss in one year's study caused by the accident and rs. ..... the injury is of permanent character and is directly attributable to the accident. ..... these two appeals are disposed of by a common judgment as they relate to the same accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC74
..... rao slated that he was working as a typist in the civil court at jhansi and on account of the accident and the injuries sustained by him he has suffered various losses of the category mentioned above.5. u.n. ..... in the petition it was asserted that the accident was caused by the rash and negligent act of the driver of the bus, as a consequence of which he sustained the injuries mentioned above. ..... they denied the various allegations of the claimants and asserted that the accident had not been caused by any and negligent act on: the part of the driver but on account of the fact that the bullock-cart itself on seeing the light of the bus because unsteady and went to the wrong side of the road as a result of which the accident occurred. ..... 11,000/- as compensation for the mental and physical suffering caused to him on account of; the accident and rs. ..... these four appeals are being disposed of by a common judgment as they arise out of claims lodged in respect of the same accident. .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]61CompCas116(All)
..... 12,000 on account of the loss of contribution which the deceased would have made to the family for the remaining 15 years of his service, the deceased being about 45 years at the time of the accident and the age of retirement being 60 years, and rs. ..... 25,000 to the claimants-respondents as damages against the appellant as well as the owner and driver of the vehicle which was involved in the accident which resulted in the death of the husband of smt. ..... the motor accidents claims tribunal has found that the deceased died due to the negligence of chhote lal, the driver of the truck, and assessed the damages payable to the claimant-respondents at rs. ..... motor accidents claims tribunal, mathura, awarding a sum of rs. ..... 1 stated before the tribunal that her husband was about 44 years of age at the time of the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC324
..... the fir was lodged three days after the death pw 2, who claims to have been in the company of the deceased at the time of accident stated that the number of the truck was noted down by him immediately after the accident on the ground which was later on copied on a slip or paper, which was allegedly given by him to the claimant's father. ..... i have heard learned counsel for the parties but inspite of appellant vigorous efforts to show that the truck which caused the accident was dll 4273 has not been able to satisfy me on this question. ..... the owners of the truck denied the very fact of their truck being involved in any such accident and also denied the liability to pay his claim.3. ..... obviously, the father was not present when the accident took place. ..... dll 4273 in the accident. ..... the only controversy raised before the tribunal was as to whether the truck in question was involved in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1985)ACC392; [1987]61CompCas3(All)
..... learned counsel for the respondent, on the other hand, submitted that there is nothing in the motor vehicles act or any other provisions or principles which may indicate that in cases of fatal accidents the claimants are not entitled to damages on account of non-physical injuries or what has been described as non-pecuniary damages in various decisions.10. ..... veluswami [1961-62] 20 fjr 503; air 1962 sc 1, in which their lordships of the supreme court observed that in assessing damages in cases of fatal accidents, a number of imponderables enter but, shortly stated, the general principle is that in such cases, damages are ascertained only by balancing on one hand the loss to the claimants of the future pecuniary benefit and, on the other, ..... it was urged, relying on several decisions of this court, the supreme court as well as other high courts that in cases of fatal accidents, the claimants are not entitled to any compensation on such considerations as love, affection, mental agony or similar considerations. ..... claim was contested by the appellant as well as the owner and driver of the truck who denied that the accident was caused by any rash or negligent act on the part of the driver of the truck. ..... it was argued that in so far as cases where the accident has resulted in death are concerned, the claimants are entitled only to claim loss of pecuniary benefit to which they would have been entitled had the accident not resulted in the death of the person through whom the claim i-s pressed .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC331
..... 724/- per month and was about 36 years old at the time of the accident and the accident took place on account of rash aad negligent driving of the truck by gajraj singh driver, opposite party ..... the opposite parties do not plead that the accident took place due to any mechanical defect in the ..... is, therefore, clear that the oral evidence given in the case clearly supports the finding of the tribunal that the truck was being driven at a high speed and the accident took place due to the negligence of the driver.9. ..... jt has been added by him that the accident took place due to rash and negligent, driving of the ..... led by the claimants shows that the truck did not stop after the accident and proceeded towards bareilly city. ..... the tribunal held that the accident was caused due to the negligence of the truck driver and there was no negligence on the part of ..... it is undisputed that the accident took place on 28-7-1975 at about ..... he pleaded that the accident took place on account of negligence of ..... driven at a high speed, hawaldar amarnath singh while crossing the road could be seen easily from sufficient distance and after application of the brakes the truck could be stopped and thus the accident could be avoided. ..... case of accident the driver alone can give correct and complete account of the accident. ..... on satisfactory evidence has been given on behalf of the appellants to show that the horn was blown and the driver took all reasonable precautions and made all possible efforts to avoid the accident. .....
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