Judgment Search Results Home > Cases Phrase: inevitable accident Court: andhra pradesh Page 2 of about 820 results (0.029 seconds)

T. Jagadish and ors. Vs. the Union of India and ors.

Court : Andhra Pradesh

Reported in : AIR1988AP290

..... the inevitable consequence of accident is likelihood of danger or injury to the driver of vehicle and other person or vehicle involved in the accident and traffic is impeded ..... only stated that besides mortality the incident of serious injuries is much higher in scooter accidents compared to car accidents, injuries being more often multiple and complicated head injuries. ..... rule 498-a is intended to avoid or mitigate the rigour of accident and ensuring safety travel and smooth flow of traffic as the head is the direct target in the event of accident and is thus a continuation of the thread of precautions postulated in ..... ' all in all, as a neurosurgeon looking after the road accidents victims with head injuries in gandhi hospital number 1500 cases every year on ..... the helmet is designed as an escape from unpredictable accidents and softens the severity of the injuries, medical opinion sought to be relied upon by the petitioners states that the helmets as designed now contribute to some health problems and ailments including impairing the ..... as head injury, is the major cause of death in accident victims, wearing of the she helmet reduces to a significant degree both the mortality and morbidity of the head ..... other hand there is overwhelmed medical-opinion in stating that wearing of helmets ensures safety to the head in the event of collision or accident and does not result in serious ailments. ..... to forestall the dangers and injuries in the accident the insistence upon wearing helmet is conceived. .....

Sanasapuri Pedda Sambamurthi Vs. K. Rama Rao and anr.

Court : Andhra Pradesh

Reported in : 2(1997)ACC417

..... in view of the declaration of law therein that the state is liable for the negligence of its servants when the accident occurs in the course of the employment, with the facts established as above that the 1st respondent was in charge of the vehicle duly authorised by the rfo when the accident has occurred, the 1st respondent as a tort-feaser and the 2nd respondent as his master, cannot avoid the liability. ..... the tribunal appears to have proceeded on the presumption that the burden of proving the involvement of a vehicle in the accident is on the claimant and failure to do it cannot be allowed to make use of the weakness in the case ..... so marry injuries, he was bound to have the experience of shock and pain at the time of the accident inasmuch as pain and loss of amenities of life during the period of treatment, atleast for 3-4 months. ..... case, when the claimant produced sufficient material showing the involvement of the vehicle and the accident and when the respondents took specific and conflicting defences, it was for them to establish ..... and in the absence of materials to show that he had not continued in possession of the same beyond that point of time, the inference is inevitable that he caused the accident.6. ..... : [1977]3scr372 , it was therefore pointed out that nothing more than proof of the accident is expected on the part of the claimant or the victim and all other remaining things which are in the special knowledge of the owner and the driver of the vehicle etc, are to be .....

Kadali Satyanarayanamma and ors. Vs. Sayyapu Raju Ramakrishna Raju and ...

Court : Andhra Pradesh

Reported in : 1997(1)ALT345

..... , the husband of the claimant must have fallen on the road with lot of traffic whereby the accident was inevitable and not due to the negligence of the first respondent, the driver of the vehicle. ..... the first appellant's right leg was amputated upto the knee level due to the injuries suffered by her in a motor accident which occurred on 16-1-1988 when the bicycle, on which she was going with her husband, was hit by an rtc bus aaz 6030 by its driver r-1 and the bus belonging to r-2. ..... the claimant, in such a situation, must have suffered shock at the time of the accident apart from excruciating pain at the time of amputation of the leg physically, thereafter during the healing process and thereafter the mental pain due to loss of a major portion of the right lower limb during her ..... the right leg of the first claimant, the victim of the accident, was crushed under the wheels of the bus, the muscles beneath were exposed, in addition to the compound fracture of the leg bones were mixed with dust and muck in the wound and amputated ultimately. ..... the date of the accident in sapana's case, 1988 acj 113 = 1987 (2) alt 349 was 24-4-1978 whereas 16-1-1988 is the date of accident in the present case. ..... 10,000/- may be a reasonable sum to ameliorate to some extent the consequences of the accident.7. ..... it cannot be forgotten that she was going with her husband on a bicycle after witnessing a film and her emotions upset in addition to future dreams were totally shattered due to such an accident. .....

In Re: Amba Rao

Court : Andhra Pradesh

Reported in : AIR1959AP235; 1959CriLJ558

..... has come to light subsequent to the decision of the claims commissioner in this case, that there are reasons to believe that the petitioner's brother hanumantharao did not, in fact, the in the accident, that he had met with natural death in his own village, that consequently the petitioner's claim is a bogus claim which the petitioner sought to support by examining himself and other witnesses whose evidence ..... of the petitioner, the foundation thereof would be the assumption that the claim put forward by him was bad and that the deceased hanumantharao in fact did not die during the accident and the evidence adduced by him or on his behalf was false.it is unknown to law that such a situation could arise which would involve such totally antagonistic and mutually inconsistent ..... prosecution against the petitioner to continue, for in this case the railway claims commissioner appointed to adjudicate upon the claims arising out of the jangaon accident above referred to, has upheld the claim of the petitioner, accepted the evidence adduced by him and awarded him compensation and this award has become ..... commissioner who was vested with the jurisdiction of deciding the truthfulness and validity of all the claims arising out of this accident duly enquired into the claim put in by the petitioner and held that the petitioner's claim was in order and accordingly ..... jurisdiction of deciding the claim having upheld the claim, the inevitable and necessary inference in law if that the claim is .....

Kommuru Krishnamurthy Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : AIR1961AP283

..... the government in defence pleaded that the driver was not guilty of negligence or rash driving and the accident was inevitable, that even otherwise action in damages lay only against the driver and that the suit as against the government for the tortious acts of its servants is untenable in law and further in any event, ..... trial court after examining five witnesses on behalf of the plaintiff and two on behalf of the defendant came to the conclusion that the accident was the direct result of the negligence and rash driving of the road roller driver and that it was not true that it was inevitable, for it could be avoided with ordinary skill and care. ..... no doubt in our mind that the boy was first hit by the edge of the roller and then as he fell his right palm was crushed under the front wheel of the roller and this accident was due to the rash driving of the defendant's servant.6. ..... the driver gave a report of the accident to the police station on that very ..... the question of fact is, whether the accident resulting in the loss of the right wrist of the plaintiff was due to the negligence and rash driving of mohiuddin, the road roller driver of the ..... blacksmith on his duty nearby adjacent to the road, described the accident almost in similar terms. ..... not disputed that the driver was in the employment of the defendant when the accident took place. ..... after the accident, the driver and cleaner ..... care and ordinary skill which is normally expected of a driver would have easily averted this accident. .....

B. Ramulamma and ors. Vs. Venkatesh, Bus Union, Rep. by A.M. Velu Muda ...

Court : Andhra Pradesh

Reported in : 2009(6)ALT784

..... kokilaben chandravadan 1987 acj 411 (sc), observed as follows;when the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependants on the one hand and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by it, by way of business activity, there is hardly any choice. ..... with similar educational and technical qualifications would be certainly relevant and it appears to be rationale, just and reasonable to take the income of the classmate of the deceased as guiding factor to determine the income of the deceased in a motor accident case, since in all probabilities the deceased would have got similar job. ..... the object of providing compensation is to place the claimant (s), to the extent possible, in almost the same financial position, as they were in before the accident and not to make a fortune out of misfortune that has befallen them.37. ..... just compensation would mean 'reasonable' compensation for the injury caused in an accident resulted due to negligence of a motorist, including the driver of the bus. ..... the tribunal, on appreciation of oral and documentary evidence, came to the conclusion that the accident occurred due to rash and negligent driving of the bus driver. ..... guess work becomes inevitable. .....

Harijan Savaramma Vs. M.A. Nayeen and ors.

Court : Andhra Pradesh

Reported in : I(1997)ACC419

..... 500/-has been awarded by way of compensation for the three simple injuries sustained by the appellant/claimant due to the motor vehicle accident that occurred on 3.6.1983 at about 4.30 pm near kodanpalli due to the rash and negligent driving of the lorry by the 1st respondent. ..... it is his contention that even when a person suffers minor injuries or simple injuries, the after effects of the accident like shock, pain and loss of amenities of life in addition to loss of income cannot be ignored.3. ..... it may not be forgotten that any sort of injury suffered in an accident exposes the victim to anxieties which will drive them to some doctor to get some treatment of any type suitable to the situation. ..... the tribunal has found that the accident was due to the rash and negligent driving of the vehicle by the 1st respondent. ..... obviously shock and pain due to an accident would be an injury to the mental experience. ..... 91man, 69, fractured rib and superficial wounds in an unpleasant and frightening accident when thrown off bus. ..... the award of the motor accident claims tribunal, ranga reddy district in op. no. ..... inevitably the inference is that she was fully cured of such injuries. ..... 3000/- was awarded for multiple abrasions suffered by the victim of the accident during 1980s. ..... every accident follows shock pain and discomfort and depression on the part of the victim. ..... one should get over the pain and shock suffered due to the accident. .....

Dr. L. Ramamohan Vs. the Registrar, University of Health Sciences and ...

Court : Andhra Pradesh

Reported in : 1996(4)ALT727

..... 'b' category must get 2 seats arid among the persons belonging to that category, the third respondent secured higher marks and the accident of the third respondent being an in-service candidate should not result in the 30 depletion of the separate reservation in favour of b.c. ..... 357 and the third respondent 430, this consequence is inevitable, in the distribution of seats in favour of the backward classes, the number of seats that should be allotted to persons belonging to b.c. ..... equally he cannot claim the seat allotted to the third respondent because inevitably persons belonging to b.c. .....

Mohd. Ashraf Al Vs. M/S. Krushi Chaitanya Youvajana Sangam,n

Court : Andhra Pradesh

..... the inevitable conclusion when the auto suddenly turned turtle is that the driver of the auto was driving the auto in a rash and negligent manner at the time of accident. ..... the claimant asserts that he was 58 years old at the time of accident, that he was a trailer and that he was earning rs.5,000/- per month. ..... barkat bibi2, the insurer contended that the truck involved in the accident was driven without route permit and fitness certificate. ..... there is no dispute that the accident was on account of the rash and negligent driving of the driver of the auto. ..... purna hazarika4 the insurer denied the liability on the ground that bus involved in the accident was not plying on the route permitted under the permit at the time of the accident. ..... the claimant is also entitled to compensation at rs.4,000/- towards extra nourishment where the petitioner was 58 years old at the time of the accident.11. ..... insurer neither let in any oral evidence nor did it produce any document except the copy of the policy (ex.b.1) to show that the offending auto did not possess valid permit to ply at the time of the accident. ..... for the petitioner placed reliance upon these decisions to contend that the insurer cannot evade liability merely on the ground that there was no valid permit for the auto to ply at the time of the accident. ..... the insurer tried to avoid its liability on the ground that the maxi cab was permitted to ply as a contract carriage, but was plying as a stage carriage at the time of the accident. .....

M/S. Milap Carriers, Transport Contrs. and Commissions-agents Vs. Nati ...

Court : Andhra Pradesh

Reported in : II(1994)ACC7; 1995ACJ745; AIR1994AP24; 1993(3)ALT647

..... urged before me by learned counsel for the defendant, that the exception applies to the case before me as, according to counsel, any event beyond the control of the defendant, any circumstances not of his creation, must be taken to be an inevitable accident, and that according to him, is synonymous with what is generally understood as vis major or act of god. ..... nothing has come on record to suggest that the accident was deliberate mishap or there was any negligence or default of the driver for which the owner of the truck was vicariously liable. ..... how can it be suggested that the defendant could anticipate the accident? .....