Court : Allahabad
Reported in : 2(1985)ACC302
..... neither was evidence of any independent witness brought nor any document to prove salary etc although the evidence of repairing the brake subsequent to the accident was not of much value but even was not brought on record ram prakash was an interested witness and ajai kumar is wholly unreliable. ..... before us in this appeal the first argument of the learned counsel for the appellant was that the tribunal committed an error in holding that the accident was due to the negligent and rash driving by harbans singh, the driver of truck no. ..... from his statement, the fact of the two persons dying on account of the accident with the truck on the 12th october, 1975 is fully established. ..... from what has been said above, it is proved that the accident resulted due to the rash and negligent driving of truck no. ..... 1, the motor claims tribunal found that the accident occurred due to rash and negligent driving by the driver of truck no ..... since the claims arose out of the common accident, the two petitions were consolidated and claim petition ..... 18 of 1976 has been preferred in respect of the accident resulting in the death of ram niwas, by his heirs and legal representatives who were as follows ..... both of these petitions are in respect of the same accident which occurred on 12th october 1975 at about 1.20 p.m ..... deposed about the brake on the basis of what he found on the next date of the accident on inspection of the truck being made. ..... his statement about the manner of accident is the same as that of ram lotan (pw .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC71
..... both these witnesses have, in my opinion, fully proved that the accident was caused as result of rash and negligent act of the driver of the truck ..... on an examination of the evidence on record the tribunal held that gf dean died as a result of injuries sustained by him at the aforesaid accident which was caused by rash and negligent driving of the truck. ..... my opinion, it is established by very good evidence on: record that the accident took place in the manner alleged by the claimants,13. ..... i shall first take up the question whether the accident was caused by rash and negligent driving of the truck in question by jogender ..... the circum stances, the respondents were not liable for the accident or the alleged injuries caused to cf dean. ..... they however, denied that the accident was caused by any rash or negligent act on the part of the ..... against an order passed by the motor accident claims tribunal, saharanpur, whereby the respondent were awarded a sum of ..... at the time of the accident he was drawing a basic pay of ..... on an insignificant aspect of the matter between the recitals in the notice and the statement on oath of pw 3 who was an eye witness to the accident, loses force. ..... 800/-together with interest at 6% per annum from the date of the order till the date of the realization by way of compensation claimed by them as heirs of rev cf dean who is alleged to have died as a result of an accident caused by a truck no. ..... the accident was caused by the rash and negligent driving of the aforesaid .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC396
..... the opposite-party, corporation did not deny that the death of rajesh kumar was caused by the said bus but contended that the accident did not take place due to the rash and negligent driving of the bus by its driver satya narain singh rather it occurred due to the negligence of the deceased himself.6 ..... besides, the principle of res ipsa lequitur would be drawn to the facts of the case and we hold and confirm the finding that the accident took place due to the rash and negligent driving of the said bus by its driver.11. ..... the bus driver would have been the best person to narrate the facts under which the accident took plaee but for reasons best known to the corporation it did not produce him. ..... there is no evidence to rebut these facts, the corporation, in the written statement pleaded that the accident took place not due to the rash and negligent driving of the said bus but by its driver but on account of the own negligence of he deceased ..... t/1-b had deposed the facts as narrated above about the manner of the accident and further stated that the deceased was the son of her brother gur saran ..... the tribunal, after assessing the evidence on record concluded that the accident in question took place due to the rash and negligent driving of the said bus by its driver satya narian ..... two appeals under section 110-d of the motor vehicles act, 1939, arise out of the judgment/award dated 5-9-79 of shri ramanand rai, member, motor accidents claims tribunal, gorakhpur awarding a compensation of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC368
..... whether the vehicle in question was involved in the accident which resulted in the injury to the claimsant is not proved by the entry in the general diary ..... it is indisputable that the burden to prove that the accident in which the claimsant is stated to have received injuries and sustained the loss claimsed by him was caused by bus ..... use 1635 was not at all involved in the accident which may have caused injuries and loss to the ..... the claimsant asked the respondents who are respectively the owner and the driver to pay damages to him on account of the injuries sustained by him and the loss suffered by him as a consequence of the accident by the rash and negligent act of the driver. ..... the question whether the accident was caused by the rash and negligent driving of the vehicle arises only ..... general diary entry clearly connected the accident with bus no. ..... negatived the claims of the appellant, inter alia, on the ground that he has completely failed to prove by any admissible and reliable evidence that the alleged injuries and loss were sustained by him as a result of an accident in which bus no. ..... 1635 with the accident in question.9. ..... station kotwali by sarju and hiralal have not been corroborated by any direct evidence and at any rate, it could not be a substitute for proof of the basic fact that the vehicle was involved in that accident. ..... the oral evidence goes, i, therefore, find that the claimsant has not been able to establish that the vehicle in question was involved in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC225
..... the pleadings of the parties, the commissioner framed necessary issues who on an examination of the evidence on record, held that shamim ahmad had died by accident arising out of and in the course of his employment and that the appellant was liable to pay compensation which he assessed at rs. ..... it was urged that the respondent not being a witness to the accident could not legally prove the assertion that shamim ahmad had died in the circumstances alleged in the claim petition ..... it is apparent that once it is found that the workmen has died in an accident arising out of and in the course of his employment, the burden to prove that the death was directly attributable to the negligence or any act in regard to which exception has been made under the provision to section ..... also made a feeble attempt to contend that the claimant has failed to discharge the initial burden of proving that shamim ahmad had died in any accident arising out of and in the course of his employment. ..... uiu 3067 which was involved in the accident which admittedly resulted in the death of shamim ahmad, the son of claimant-respondent who was employed as a casual worker by the ..... frist information report was lodged by another son of the claimant in regard to the accident stating the facts mentioned above. ..... ittan was also working as a labour on the truck and on the date of the accident, he also accompanied shamim ahmad as usual. ..... shamim ahmad thus died in an accident arising out of and in the course of his employment with the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All183
..... jadavji keshavji modi, sri saran submitted that the expression 'any one accident' occurring in section 95(2) of the act 1939 was interpreted so as to enhance the liability of the insurer. ..... increase in claim consciousness among victims or heirs of victims of motor accidents; settlement of more third party claims by compromise or in satisfaction of the awards by motor accident claims tribunals, steep increase in repair costs due to increase in the cost of spare parts and rate of labour, increase in vehicle costs and false and exaggerated claims resulting in higher administrative expenses. ..... 20,000/- in respect of the injuries suffered by each of the five persons, since each met with an accident, though during the course of the same transaction. ..... the effect of this decision was that all the victims of the accident could prefer a claim, though they suffered from a single accident. ..... 50,000/- per accident; passenger liability was increased from rs. ..... the argument of sri saran, therefore, is that the liability was multiplied by the number of the people who met with one and the same accident.7. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All197
..... words, the argument is that if the lady was either earning at the time of her death (on account of the motor vehicle accident) or her earning capacity for future years has been taken into consideration, then no compensation for her possible gratuitous services could be ..... jenkins, (1913) ac 1, judicial committee observed that it is not a condition precedent to the maintenance of an action under the fatal accidents act, 1846, that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the date of the death provided that the plaintiff hud ..... evidence the learned tribunal by his common judgment dated 29-4-82 held that at the time of accident sharda prasad, the authorised driver of the corporation bus was driving the same and the accident had taken place due to the rash and negligent driving of the said bus by him. ..... 4750/- as compensation towards mental suffering which she had undergone as a result of the accident as well as on account of the injuries sustained by her (pain and suffering on account of injuries) was upheld by ..... before the military court of inquiry that at the time of accident he himself was driving the corporation bus seems to represent the correct ..... 1667) the supreme court observed :'the jurisprudence of compensation for motor accidents must develop in the direction of no-fault liability and the determination of the quantum must be liberal, not niggardly since the law values life and limb in a free .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC298
..... in other words, the argument is that if the lady was either earning at the time of her death (on account of the motor vehicle accident) or her earning capacity for future years has been taken into consideration, then no compensation for her possible gratuitous services could be awarded. ..... jenkins (1913) ac 1 judicial committee observed that it is not a condition precedent to the maintenance of an action under the fatal accidents act, 1846, that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the date of the death provided that the plaintiff had a reasonable expectation of ..... after assessing the parties evidence the learned tribunal by his common judgment dated 29-4-1982 held that at the time of accident sharda prasad, the authorised driver of the corporation bus was driving the same and the accident had taken place due to the rash and negligent driving of the said bus by him. ..... 1980 acj 55 at page 56 the supreme court observed:the jurisprudence of compensation for motor accidents must develop in the direction of no-fault liability and the determination of the quantum must be liberal, not niggardly since the law values life and limb in a free country in generous scales. 20. ..... his earlier admission before the military court of inquiry that at the time of accident he himself was driving the corporation bus seems to represent the correct picture. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]60CompCas706(All)
a. banerji, j.1. heard learned counsel. the appeal has been preferred against an award made under section 92a of the motor vehicles act, 1939. one dhan singh rawat died as a result of an accident on november 22, 1982. a claim of rs. 15,000 was preferred under section 92a of the motor vehicles act by his widow. various pleas were taken by owners of the vehicle involved as well as by the insurer. the claims tribunal, after considering the evidence on the record, allowed the claim petition for a sum of rs. 15,000 from the insurer with interest at the rate of 6 per cent per annum. under the provisions of section 92a of the act, in case of death in a motor accident, an amount of rs. 15,000 is to be paid to the heirs of the deceased, whether or not there was rash or negligent action on the part of the driver of the vehicle involved.2. the above provision has been introduced in the act for the benefit of the heirs of the deceased so that they may receive at least rs. 15,000 in case of death of a person in a motor accident. i do not find any ground either to admit this appeal or to stay the realisation of this amount from the insurer. the pendency of a regular claim petition under section 110 of the motor vehicles act is no bar to the making of this payment. the amount of rs. 15,000 has, therefore, to be paid in view of the provisions of sections 92a and 92b of the motor vehicles act.3. the appeal is consequently dismissed in limine.
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC489
..... this is an appeal under section 110-d of the motor vehicles act against the order dated 2nd march, 1978 passed by the motor accident claims tribunal (vith additional district judge), meerut dismissing the claim petition with costs on parties.2. ..... the claim was contested by respondents mainly on the ground that the accident did not take place on account of the rash and negligent driving of the bus but due to the own negligence of the deceased. ..... the tribunal considered the evidence adduced by the parties and held that the claimant failed to prove that the accident took place due to rash and negligent driving of the bus. ..... his attention may have been diverted after the accident and it may be that he has come forward to depose on account of being an employee in the same factory.10. ..... it was alleged that the accident took place due to the rash and negligent driving of the bus, by respondent no. ..... 3, amrit sagar are the two witnesses of the accident examined by the claimant. ..... the learned counsel for the appellant submitted that the tribunal erred in dis-believing claimant's version regarding the accident. ..... that if the deceased tried to board the bus after the bus had moved and the conductor had closed the door, the driver and the conductor could not be held responsible for the accident. ..... he came under the rear wheel of the bus and died as a result of the accident. ..... mohan meakin breweries, mohan nagar, ghaziabad on grand trunk road, one hari singh met with an accident. .....
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