June 2019

Personal Expenses-Deceased was only earning of family—He was survived by widow, minor children widowed mother and sister and a minor brother-Held; it cannot be expected that while taking care of such a large family he would be spending one-third for his self expenses-Deduction for one-fourth is made.  

By | June 24th, 2019|Claim Petition|

Comments Off on Personal Expenses-Deceased was only earning of family—He was survived by widow, minor children widowed mother and sister and a minor brother-Held; it cannot be expected that while taking care of such a large family he would be spending one-third for his self expenses-Deduction for one-fourth is made.  

Accident–Special Diet—Tribunal has not considered the fact that the appellant was hospitalization for 62 days and would be requiring transportation and special diet not only during the period of hospitalization but thereafter also-Rs.30,000/- more awarded for special diet, attendant and transportation.  

By | June 22nd, 2019|Claim Petition|

Comments Off on Accident–Special Diet—Tribunal has not considered the fact that the appellant was hospitalization for 62 days and would be requiring transportation and special diet not only during the period of hospitalization but thereafter also-Rs.30,000/- more awarded for special diet, attendant and transportation.  

Accident-Interest on Compensation- Conditional order of Tribunal directing that in case the compensation amount if not made within three months, the claimants shall be entitled interest; set aside—Claimant held entitled to interest on entire amount of compensation from date of filing of the claim petition till realisation of the amount 

By | June 22nd, 2019|Claim Petition|

Comments Off on Accident-Interest on Compensation- Conditional order of Tribunal directing that in case the compensation amount if not made within three months, the claimants shall be entitled interest; set aside—Claimant held entitled to interest on entire amount of compensation from date of filing of the claim petition till realisation of the amount 

IMP ::: Accident—Claim Petition—Withdrawal of first claim petition without adjudication on merits—Claimant not debarred from filing second claim petition.

By | June 12th, 2019|Claim Petition|

Comments Off on IMP ::: Accident—Claim Petition—Withdrawal of first claim petition without adjudication on merits—Claimant not debarred from filing second claim petition.

Accident—Just Compensation—More than claimed—Court is duty bound to award just compensation irrespective of the fact whether any such plea was raised by the claimant or not

By | June 6th, 2019|Claim Petition|

Comments Off on Accident—Just Compensation—More than claimed—Court is duty bound to award just compensation irrespective of the fact whether any such plea was raised by the claimant or not

May 2019

Accident–Claim Petition-Wrong description of vehicle–The mere fact that in the medical records, there is mention of bus in place of road roller is not sufficient to reject testimonies of injured and eye witness recorded before Tribunal and were subject to cross examination, which yielded no result in favour of respondents- Claim petition upheld.

By | May 27th, 2019|Claim Petition|

Comments Off on Accident–Claim Petition-Wrong description of vehicle–The mere fact that in the medical records, there is mention of bus in place of road roller is not sufficient to reject testimonies of injured and eye witness recorded before Tribunal and were subject to cross examination, which yielded no result in favour of respondents- Claim petition upheld.

Accident—Insurance—Cheque for payment of insurance premium dishonored—No intimation issued that policy has been cancelled—Insurance company held liable to pay and has no recovery rights

By | May 27th, 2019|Claim Petition|

Comments Off on Accident—Insurance—Cheque for payment of insurance premium dishonored—No intimation issued that policy has been cancelled—Insurance company held liable to pay and has no recovery rights

Complainant, a rickshaw puller gave only ending numeric number of offending vehicle and described the vehicle as ‘Gypsy’– Complainant was stranger to deceased and would not depose against police officials unnecessarily-Vehicle was traced on directions of Court-Presence of vehicle admitted by respondents but with different story—Version of complainant admitted-Claim petition allowed.

By | May 27th, 2019|Claim Petition|

Comments Off on Complainant, a rickshaw puller gave only ending numeric number of offending vehicle and described the vehicle as ‘Gypsy’– Complainant was stranger to deceased and would not depose against police officials unnecessarily-Vehicle was traced on directions of Court-Presence of vehicle admitted by respondents but with different story—Version of complainant admitted-Claim petition allowed.

Accident—Claim Petition—Mere fact that driver was put to trial on presentation of report under Section 173 Cr.P.C. is not sufficient to record a finding of rashness or/and negligence against driver

By | May 20th, 2019|Claim Petition|

Comments Off on Accident—Claim Petition—Mere fact that driver was put to trial on presentation of report under Section 173 Cr.P.C. is not sufficient to record a finding of rashness or/and negligence against driver

March 2019

Accident—Insurance—Deceased was son of owner—Deceased had borrowed the vehicle—Fell down while driving due to mechanical defect in vehicle—Personal Accident Cover of owner of vehicle would not cover the borrower of vehicle—Claim petition rightly dismissed

By | March 8th, 2019|Claim Petition|

Comments Off on Accident—Insurance—Deceased was son of owner—Deceased had borrowed the vehicle—Fell down while driving due to mechanical defect in vehicle—Personal Accident Cover of owner of vehicle would not cover the borrower of vehicle—Claim petition rightly dismissed

Motor Vehicles Act, 1988, S. 166-Accident-Pain and Suffering–Injured was in hospital for 9 days and suffered multiple injuries—Total award of Rs. 25,000/ – is highly inadequate-Additional sum of Rs. 19,000/- awarded

By | March 6th, 2019|Claim Petition|

Comments Off on Motor Vehicles Act, 1988, S. 166-Accident-Pain and Suffering–Injured was in hospital for 9 days and suffered multiple injuries—Total award of Rs. 25,000/ – is highly inadequate-Additional sum of Rs. 19,000/- awarded

Accident—Deceased were children—Deceased were 8 years old boy and 6 years old girl—Compensation of Rs.5 lakhs each awarded with interest @7.5% p.a. from date of filing petition.

By | March 4th, 2019|Claim Petition|

Comments Off on Accident—Deceased were children—Deceased were 8 years old boy and 6 years old girl—Compensation of Rs.5 lakhs each awarded with interest @7.5% p.a. from date of filing petition.

February 2019

Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable

By | February 28th, 2019|Claim Petition|

Comments Off on Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable

Accident—Rash and Negligent Driving—Mere recovery of broken pieces of number plate from the spot of accident may point only towards the fact that there was involvement of the alleged offending vehicle—But that does not prove that accident occurred due to rash and negligent driving of the alleged offending vehicle

By | February 21st, 2019|Claim Petition|

Comments Off on Accident—Rash and Negligent Driving—Mere recovery of broken pieces of number plate from the spot of accident may point only towards the fact that there was involvement of the alleged offending vehicle—But that does not prove that accident occurred due to rash and negligent driving of the alleged offending vehicle

Accident—Transportation Charges—Injured were referred to PGI Chandigarh from Karnal, for which they needed transportation and attendants at least for duration they remained admitted in PGI—Rs. 15,000/-awarded transportation charges.   

By | February 19th, 2019|Claim Petition|

Comments Off on Accident—Transportation Charges—Injured were referred to PGI Chandigarh from Karnal, for which they needed transportation and attendants at least for duration they remained admitted in PGI—Rs. 15,000/-awarded transportation charges.   

Accident—Injury—Post surgery expenses— Appellant was operated upon four times, was hospitalized twice and remained in two different hospitals for 18 days—Additional amount of Rs.50,000/- awarded to cover up the amount spent on special diet, attendant, transportation and to compensate for pain and suffering

By | February 19th, 2019|Claim Petition|

Comments Off on Accident—Injury—Post surgery expenses— Appellant was operated upon four times, was hospitalized twice and remained in two different hospitals for 18 days—Additional amount of Rs.50,000/- awarded to cover up the amount spent on special diet, attendant, transportation and to compensate for pain and suffering

December 2018