Court : Allahabad
Reported in : I(1985)ACC505; [1986]60CompCas977(All)
..... the tribunal rightly rejected the appellants' version and rightly held that the accident took place due to rash and negligent driving of the motor cycle and not due to rash and negligent driving of ..... unable to agree with the learned counsel for the appellants that the nature of the injuries indicates that the accident could have been caused by the deceased coming under the wheels of the truck.11. ..... --(1) where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicle shall, jointly and severally be liable to pay compensation in respect of such ..... which the body was thrown inside the petrol pump premises and the motor cycle being also found lying there clearly shows that it is more probable that the accident could have taken place in the manner alleged by the respondents.16. ..... of the opinion that the truck was crossing the road from north to south and at that time the deceased met with the accident clue to rash and negligent driving of the motor cycle. ..... the tribunal disbelieved the claimants' version that the accident took place due to the rash and negligent driving of the truck and, consequently, dismissed the petition with costs ..... 1 contested the petition with the allegation that the accident took place due to the rash and negligent driving of the motor cycle by anand kumar gupta and not due to the rash and negligent driving .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All272
..... turning to the left of the road had veered to the extreme right of the road the driver's plea that he sweived the bus to the right in order to avert the accident would have held force had the claimant been knocked down by the left side of the bus or had come under the left front wheel, but in fact she had been knocked ..... learned counsel placed reliance on this to urge that the burden of proving that the defendant was negligent and the accident occurred by his negligence remained with the plaintiff and it was for the court to determine from the evidence before ..... a slow speed, but suddenly the child sarita alias usha appeared from the left side and she fell down on the road and the driver tried to avoid the accident by turning the vehicle to the right but a wheel of the bus ran over her outstretched hands. ..... petition and urged that there was no rash and negligent act by the driver and the accident was due to the sudden appearance of the applicant on the road before the bus and the accident took place in spite of the very best efforts made by the driver of the bus ..... may be that he might nothave been aware of any one intruding on theroad till the time of accident, but such a pleawill not be available to a person driving inbroad daylight through a congested area on ..... part of the claimant and her guardian, for she ran on the road carelessly and in such an event there is always a possibility of an accident and for this reason the corporation was not liable to pay any amount as compensation. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC402
..... learned counsel placed reliance on this to urge that the burden of proving that the defendant was negligent and the accident occurred by his negligence remained with the plaintiff and it was for the court to determine from the evidence before it whether any negligence was ..... it may be that he might not have been aware of any one intruding on the road till the time of accident but such a plea will not be available to a person driving in broad daylight through a congested area on the highway near a ..... driving the vehicle at a slow speed, but suddenly the child, sarita alias usha appeared from the left side and she fell down on the road and the driver tried to avoid the accident by turning the vehicle to the right but a wheel of the bus ran over her outstretched hands. ..... corporation contested the claim petition and urged that there was no rash and negligent act by the driver and the accident was due to the sudden appearance of the applicant on the road before the bus and the accident took place in spite of the very best efforts made by the driver of the bus. ..... a mistake on the part of the claimant and her guardian, for she ran on the road carelessly and in such an event there is always a possibility of an accident and for this reason the corporation was not liable to pay any amount as compensation. ..... is that on seeing the child crossing the road he swerved the bus to the right and brought it to a halt but then the accident took place and the wheel of the bus crushed the hand of the child. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC430
..... it was further said that amajadullah, the driver of the bus, had handed over the vehicle in an unauthorised manner to bangali babu mechanic and the accident took place when bangali babu was driving the vehicle, it was, therefore, pleaded that respondents are not liable to pay any compensation to the claimants. ..... 1 bal chand conductor that a truck was coming from the opposite direction and the accident took place when the drive took a turn towards the left to avoid collision with the tree, is an afterthought. ..... in the absence of any plea or evidence, we are unable to accept the contention of the learned counsel for the appellant that the accident took place due to some latent defect in the bus and opposite parties nos. ..... 118 the supreme court held that in order to sustain a plea that the accident took place due to mechanical defect, the owner must take a plea that the defect was latent and not discoverable by the use of reasonable cause. ..... but if is equally well settled that if the servant at the time of the accident is not acting within the course of employment, but is doing something for himself the master is not liable. ..... it was, therefore, submitted that the claimants, version is more probable and the accident took place due to rash and negligent driving of the bus.12. ..... this is an appeal under section 110-d of the motor vehicles act against the order dated 11-2-78 passed by the motor accident claims tribunal (i additional district judge) bareilly awarding a compensation of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC454
..... the tribunal, therefore, came to the conclusion that the age of the deceased at the time of the accident was 65 years, nothing can be shown that this finding is vitiated by and error in appreciation of the evidence or any error of law. ..... the claims tribunal held that the mini bus was involved in the accident which resulted in the death of sri ram nagina rai and which was being driven rashly and negligently. ..... he has challenged the factum of accident by the mini bus, the quantum of compensation awarded, and also against the decree being passed against the owner appellant.3. ..... satwati filed a claim petition before the motor accidents claims tribunal, ballia on 30-7-1974. ..... there is not occasion to keep the receipts of such items for no one is thinking at that state for making a claim under the motor vehicles act, at the time when tending the person injured in an accident is for his recovery. ..... he denied that the vehicle was at all involved in the accident for it was detained in a police station on the very day of the accident between 10.30 a.m. ..... it is well settled that the multiple of 16 is used for a person aged between 20 to 35 years who hat died in a motor vehicle accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC377
..... now coming to the merits of the case, the evidence reveals that the accident took place on the night of 3rd april, 1973 at about 10 p.m. ..... the claim was contested on behalf of the union of india and the accident was admitted by the appellant no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1985)ACC309
..... shiva devi, the step-mother should also have been allowed compensation para 2 of section 1-a of the fatal accidents act, 1855, provides that every such action shall be for the benefit of the wife, husband, parents and child. ..... this is an appeal under section 110-d of the motor vehicles act against the order dated 6-8-1977, passed by the motor accident claims tribunal (10th additional district judge), kanpur, awarding a sum of rs. ..... 3 was driving the tanker carefully and at a slow speed and the accident took place due to rashness and negligence of ram kumar. ..... 1 contested the petition with the allegations that ram kishore had no valid licence and that the accident took place due to negligence of the deceased. ..... it was said that the accident took place due to rash and negligent driving of the tanker by its driver. ..... it held that the accident took place due to rash and negligent driving of the tanker by ram kishore and not due to any rashness and negligence of ram kumar. ..... 5 maiku lal, father of the deceased was also earning at the time of the accident and smt. ..... tarawatl was also hardly 20 years old at the time of the accident. ..... the deceased was 22 yeare old at the time of the accident. ..... , near the mahabir temple on the road from cooperagaj to collectorganj, police station collectorganj, kanpur, one ram kumar met with an accident. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All124
..... the legislature has enacted section 110-aa to bar two claims being made by the claimant for the same accident.section 110-aa gives a choice to the claimant to make a claim before one of the two forums but ..... apart from sickness benefit, maternity benefit, disablement benefit and also in respect of accidents happening while acting in breach of regulations or travelling in employer's transport or while meeting emergency and also because ..... the latter act, consequently, a claim for compensation arising out of an accident with a motor vehicle could be made as also a claim under the compensation ..... the tort-feasor is liable to pay compensation as awarded by the motor accidents claims tribunal on a finding that there was a rash and negligent act on the part of the driver ..... compensation may be claimed only once in respect of the same accident, even though it may be prayed for before several forums. ..... possible nor permissible in accordance with the canons of interpretation to stretch the language of section 110-a a to hold that where the claim is made against two different persons, may be arising out of the same accident, the bar of section 110-aa could not operate. ..... whether he files the claim before the accidents claims tribunal or before the commissioner under the compensation act, will ..... real intention of the lawmakers that the tort-feasor should not be made to pay compensation, say in a case where the bread winner of the family dies in a motor accident leaving his entire family a destitute? .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC391
..... agarwal, j.1.this appeal under section 110-d of the motor vehicles act, 1939 is directed against the decision of the motor accident claims tribunal, allahabad, dated january 28, 1980. ..... laukush deceased was aged about ten years when the accident took place on august 22, 1977. p.w. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC412
..... application for compensation was contested by the opposite parties-respondents who denied that the accident was caused due to the rash and negligent driving of the truck. ..... the tribunal accepted the claimants' version and held that the accident took place due to the rash and negligent driving of truck ..... is an appeal under section 110-d of the motor vehicles act against the order dated 30th november 1976 passed by the motor accident claims tribunal (iv additional district judge, allahabad) awarding a compensation of rs. ..... in view of specific provisions in fatal accidents act, 1855 and motor vehicles act, 1939, the provisions of workmen's compensation act, 1923 cannot be taken into account for determining as to who can claim compensation for the wrongful death of a ..... it was said that the accident took place due to the rash and negligent driving of the ..... rule 2(c) of the motor accident claims tribunal rules, 1967 provides that the term 'legal representative' shall have the same meaning as provided in section 11 of the code of civil procedure, ..... section 4 of the fatal accidents act defines 'child' and provides that it shall include son and daughter and grandson and grand-daughter and step son and step ..... section (1-a) of the fatal accidents act, 1855 mentions wife, husband, parent and child as beneficiaries for purposes of compensation for the wrongful death of a ..... giving rise to this appeal are that one ram krishna mauji aged 48 years met with an accident on 29th november 1975, at 6.30 p.m. .....
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