Court : Allahabad
Decided on : Dec-20-1984
Reported in : AIR1985All197
I.P. Singh, J.1. All the abovementioned four accidents claims Nos. 208 to 211 of 1980 were filed to claim compensation under section 110-A of the Motor Vehicles Act as a result of accident involving motor vehicles. The award in the above accident claims was given by Sri S.D.N, Singh, the learned Accidents claims Tribunal, Allahabad, on 29-4-1982. The above eight F. A.F.Os. have been filed against the said award. However, it appears that by some mistake the date of the said award in Km. Deepti's F.A.F.O. No. 589 of 1982 and that Km Diviya's F.A.F.O. No. 592 of 1982 has been wrongly mentioned as 16-8-82.2. All the abovementioned eight F.A.F.Os. having arisen out of a common award are hereby being disposed of by a common judgment.3. It is not disputed that on 21-6-80 at about 9.30 P.M. in the City of Allahabad army truck No. 73-C/4993Y and U. P. State Transport Corporation (hereinafter referred to as the Corporation) bus No. U.T.B. 5112 collided on Stanley Road Opposite Tej Bahadur Sapru ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-20-1984
Reported in : 1(1985)ACC298
I. P. Singh, J. 1. All the above mentioned four accidents claims Nos. 208 to 211 of 1980 were filed to claim compensation under Section 110-A of the Motor Accident Act as a result of accident involving motor vehicles. The award in the above accident claims was given by Sri S.D.N. Singh, the learned Accidents Claims Tribunal, Allahabad, on 29-4-1982. The above eight F.A.F.O.S. have been filed against the said award. However, it appears that by some mistake the date of the said award in Km. Deepti's F.A.F.O. No. 589 of 1982 and that Km. Diviya's F.A.F.O. No. 592 of 1982 has been wrongly mentioned as 16-8-1982.2. All the above mentioned eight F.A.F.O.S. having arisen out of a common award are hereby being disposed of by a common judgment.3. It is not disputed that on 21-6-1980 at about 9.30 P.M. in the City of Allahabad army truck No. 73-C/4993Y and U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) bus No. UTB 5112 collided on Stanley Road Opposite Tej Bah...
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1984
Reported in : I(1985)ACC147; AIR1985All147
O.P. Saxena, J. 1. These are twoconnected appeals under Section 110D of the MotorVehicles Act against the award dated 17thOctober 1977 made by the Motor AccidentsClaims Tribunal (Additional District JudgeCourt No. 1) Kanpur allowing the petition forrecovery of Rs. 75,000/- as compensation withinterest at 6% from the date of the petitiononwards till recovery. The liability of oppositeparty No. 1-Respondent No. 4 was fixed atRs. 37,500/-. The liability of Opposite PartiesNos. 2 and 3 appellants was also fixed at asimilar amount. 2. One Ram Shanker Gupta met with anaccident on 12th Jan. 1971, at about 8 A. M. atthe Farrukhabad Kanpur Road, the accidenttook place near river Esan at Bilhaur, P. S.Bilhaur, District Kanpur. Ram Shanker Guptawas travelling in a Roadways Bus No. UPI 281on his way from Tirwa in District Farrukhabadto Kanpur, A truck was going ahead of theBus. D. W. 2 Ram Pal Singh was the driver ofthe Bus. The driver of the Bus gave a horn forovertaking the truck which was going...
Tag this Judgment!Court : Allahabad
Decided on : Oct-30-1984
Reported in : 1(1985)ACC191
R.K. Shukla, J. 1. This F.A.F.O. under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award of the Motor Accident Claims Tribunal (hereinafter referred to as Tribunal) dated 30th July, 1977.2. The accident in question occurred on 13th June 1975 on Kanth-Moradabad road near P. Gandhi Ashram, Moradabad, on account of U.P. Roadways bus No. UPM 8957 having dashed against Jumma, the latter was crushed under the wheel of the bus and died instantaneously. The claim for compensation to the tune of Rs. one lakh was made by both the appellants jointly in the capacity as wife and mother respectively of Jumma deceased contending that the accident occurred due to rash and negligent act of Asha Ram, driver of the bus. The claim was resisted by all the respondents who refuted that the accident took place due to any rashness or negligence on the part of the driver and also pleaded that the amount of compensation claimed by the appellants was highly exorbitant.3. The driver Asha ...
Tag this Judgment!Court : Allahabad
Decided on : Sep-20-1984
Reported in : AIR1985All85
A. Banerji, J.1. This is an appeal by the claimants. The Motor Accidents Claims Tribunal, Dehradun, allowed the petition of the claimants under Section 110-A of the Motor Vehicles Act, 1939, partly and awarded a sum of Rs. 30,000/- as compeasatioa The claimants had valued their claim petition at Rs. 1,00,000/-They have now prayed for a further sum of Rs. 70,000/- in this appeal.2. Sri Vinod Kumar Gupta, an employee in Controller of Defence Accounts office, was going to his office on the 24th April, 1975. He was on Rajpur Road at about 1.45 P.M. when a Car No, PMT 4886 coming from the opposite side knocked him down. He died on the spot The claimants are Smt Krishna Kumari, mother of the deceased, Smt Meena Rani Gupta, widow of the deceased and Km Bittoo aged about 41/2 years (in 1977) a daughter of the deceased.3. There are four respondents viz, Gur Baxeesh Singh, Sardarni Kripal Kaur, who were arrayed as the owners, Har Charan Singh, the driver of the Car and National Insurance Co. as ...
Tag this Judgment!Court : Allahabad
Decided on : Sep-20-1984
Reported in : 1(1985)ACC68
A. Benerji, J. 1. This is an appeal by the claimants. The Motor Accidents Claims Tribunal, Dehradun, allowed the petition of the claimants under Section 110-A of the Motor Vehicles Act, 1939, partly and awarded a sum of Rs. 30,000/- as compensation. The claimants had valued their claim petition at Rs. 1,00,000/-. They have now prayed for a further sum of Rs. 70,000/- in this appeal.2. Shri Vinod Kumar Gupta, an employee in Controller of Defence Accounts office, was going to his office on the 24th April, 1975. He was on Rajpur Road at about 1.45 P.M. when a Car No. PMT 4886 coming from the opposite side knocked him down. He died on the spot. The claimants are Smt. Krishna Kumari, mother of the deceased Smt. Meena Rani Gupta, widow of the deceased and Km. Bittoo aged about 41/2 years (in 1977) a daughter of the deceased.3. There are four respondents viz, Gur Baxeesh Singh, Sardarni Kirpal Kaur, who were arrayed as the owners, Har Charan Singh. The driver of the Car and M/s National Insur...
Tag this Judgment!Court : Allahabad
Decided on : Aug-23-1984
Reported in : 1(1985)ACC1
B.P. Agarwal, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, directed against the award of the Motor Accidents Claims Tribunal, Kanpur, dated May 10, 1977.2. Abdul Naqi, son of Abdul Wahab, aged about 2 years, was at pay on the foot-path opposite the premises No. 25/39, Karachi Khana, Kanpur on August 14, 1975 at about 5.40 P.M. The father Abdul Wahab was at work in cycle repairing close by Car No. UPG 5073, belonging to respondent No. 1. was standing at a distance of merely 20 paces from the child. Driver Arif, respondent No. 2, was at the steering. He gave a start to the car and proceeded from south towards north overrunning the child. Abdul Naqi sustained mutiple injuries; he was rushed to hospital, but be succumbed to the injuries within about two hours. First Information Report was lodged by Abdul Wahab at 8.45 p. m. the same day. On November 20, 1975, Abdul Wahab and his wife applied for the award of compensation contending that the accident occurred...
Tag this Judgment!Court : Allahabad
Decided on : Jul-30-1984
Reported in : AIR1984All334
ORDER1. This is a petition under Article 226 of the Constitution praying for the quashing of an order dated 16-8-1982 passed by the Commissioner, Agra Division, Agra (respondent No. 1). By that order, the respondent No. 1 has set aside an auction sale held in favour of the petitioner in respect of a factory owned by M/s. Indo-Swedish Pipe Manufacturers Limited, Nawalganj (Agra). The sale took place under the provisions of the U. P. Zamindari Abolition and Land Reforms Rules in pursuance of a recovery certificate dated 31-3-1979 issued by the Managing Director of the U. P. Financial Corporation (respondent No. 3) to the Collector. Agra (respondent No. 2) for the recovery of a sum of Rs. 19,96,652.79 from M/s. Indo-Swedish Pipe Manufacturers Limited. Nawalganj (Agra) under the provisions of the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, The Managing Director of the U. P. Financial Corporation in his letter dated 31-3-1979 mentioned details of the landed property, machinery...
Tag this Judgment!Court : Allahabad
Decided on : May-07-1984
Reported in : AIR1984All234
H.N. Seth, J.1. A Scheme known as Sikandara Grihsthan Evam Sarak Yojna, Agra was notified under Section 28(1) of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam) on 4th April, 1970. In due course the said notification was followed by a notification under Section 32 (1) of the Adhiniyam published in the U. P. Gazette dated 28th June, 1980.2. The two petitioners, namely Doctors' Sahkari Grih Nirman Samiti Ltd. and Ram Babu Gupta filed the present petition on 30th April. 1981 and questioned the authority of the Board constituted under the Adhiniyam to, in pursuance of the aforesaid notification, acquire their rights in respect of certain Bhumidhari plots mentioned in paragraph '2' of the petition. They submitted that in view of Section 55 of the Adhiniyam. which lays down that any land or any interest therein required by the Board for any of the purposes of this Act, may be acquired under the provisions of the Land Acquisition Act, 1894 (Act No...
Tag this Judgment!Court : Allahabad
Decided on : May-02-1984
Reported in : AIR1984All262
A.S. Srivastava, J.1. The District Magistrate, Kanpur, exercising powers under Section 23 of the Defence and Internal Security of India Act, 1971 (hereinafter referred to as the Act) conferred on him by the U. P. Notification No. 88 (1)/4-l (2)/76 dated 3-6-1976 requisitioned 777 Sq. vds and 7 1/3 Sq. ft. of land comprising of plot Nos. 36 and 36-A situate on the Mall, Kanpur on 29-10-1976 for enabling the State Handloom and Powerloom Finance and Development Corporation Ltd., Uttar Pradesh, Kanpur (hereinafter referred to as the U. P. State Handloom Corporation) for constructing shops and show-rooms over it for its handloom products as it was necessary for maintaining supplies of these products to the business community and thereby rendering services essential to weaving community and protecting them from exploitation by the middle traders. The U.P. State Handloom Corporation, after this requisition, took possession of this land and incurred expenses and constructed show rooms over it....
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