Search Results Page

Search Results

1 - 10 of 12 (0.53 seconds)
Documents citing Smt. Gayatri Devi vs Tani Ram And Ors. on 15 January, 1976

Meena Devi vs Secretary To The Government Of India, ... on 3 September, 1998

(2) The next case which is relied by Mr. Singh, learned counsel is Gayatri Devi v. Tani Ram AIR 1976 HP 75. In that case accident took place before Section 110-A A came into force and the claim petition was also filed before that particular section came into operation. It was in that context that the Himachal Pradesh High Court has pointed out that at that time they had the remedy to approach both the forums. It is further pointed out that Section 110-AA was prospective in nature and not retrospective. So, it cannot extinguish and/or wipe out a vested right of a person. Hence, this case also does not help the appellant.
Gauhati High Court Cites 7 - Cited by 2 - H K Singh - Full Document

Smt. Kalawati vs Balwant Singh And Anr. on 19 November, 1984

21. The Division Bench in Gayatri Devi's case was examining whether there was a bar in claiming compensation under both the Acts on the day the driver met with the accident and died, viz. Feb 18, 1968. Since Section 110-AA was held to be prospective and not attracted by the facts of the case the Court held that both the claims were entertainable. In coming to this conclusion the Court pointed out an essential distinction, viz., that the two claims were based on different causes of action. One was for a statutory relief under the Compensation Act and the other claim was based on law of torts.
Allahabad High Court Cites 15 - Cited by 7 - Full Document

Gurdial Singh vs Managing Director, Himachal Road ... on 31 March, 2005

17. Mr. S. Kuthiala has relied upon a judgment of this Court in Gayatri Devi v. Tani Ram , to contend that the application for compensation must contain the plea of negligence. In view of the amendment in the Motor Vehicles Act, 1988 and the amendment made to it in 1994, this judgment has to be read in the context of Motor Vehicles Act, 1939 alone. The provisions of law have undergone a sea-change. Under the Motor Vehicles Act of 1988, as discussed above, even a report by the police officer can be treated as a claim petition. Therefore, the strict rules of pleadings cannot be applied to proceedings under the Motor Vehicles Act, 1988.
Himachal Pradesh High Court Cites 10 - Cited by 18 - D Gupta - Full Document

National Insurance Co. Ltd. vs Veena on 14 January, 2004

In support of the contention urged by the insurance Company, the learned counsel for the insurance company also cited the following decisions: New India Assurance Co. Ltd. v. Pennamma Kurien, 1995 (1) KLT 96; New India Assurance Co. Ltd. and Anr. v. V. Raghurami Reddy alias Raghu and Ors., 1994 ACJ 614; United India Insurance Co. Ltd. v. Anipeddi Dhanalakshmi and Ors., 1994 ACJ 98, New India Assurance Co. Ltd. v. Kamar Jahan and Ors., 1994 ACJ 100; United India Insurance Co. Ltd. and Ors. v. Smt. Kadarbi, Major and Ors., AIR 1992 Karnataka 342; National Insurance Co. v. Narayanan Nair 1988 (1) KLT 794; Harivandan Maneklal Modi and Anr. v. Chandrasinh Chhatarasinh Parmar and Ors., AIR 1988 Gujarat 69; Supdt. of Post offices, Rajkot and Ors. v. Pratap Gahelabhai Maru and Ors., 1987 SCJ 674; Smt. Kalawati v. Balwant Singh and Anr., AIR 1985 Allahabad 124; Subasini Panda and Ors. v. State of Orissa and Ors., 1984 ACJ 276; Kanoria Overseas Corporation v. Dama Yanti Vyas and Ors., AIR 1983 Patna 95; Anthony Lobo and Ors. v. C.M. Merchand, 1979 Lab.I.C. 61; Smt. Gayatri Devi v. Tani Ram and Ors., AIR 1976 Himachal Pradesh 75; Oriental Fire & General Insurance Co. Ltd. v. Bidi and Ors., 1972 ACJ 187 and Kunhappa Haji v. Vasudevan, 1990 (2) KLT SN 50. In view of the authoritative decision of the Supreme Court in (2003) 6 SCC 137 we are of the view that the claimants are entitled to only the amount awarded under Section 166 of the Motor under the Workmen's Compensation Act over and above the amount awarded under the Motor Vehicles Act in the same petition, specially in the absence of such claim in the claim petition. Therefore, direction of the Tribunal to pay compensation under the Workmen's Compensation Act by the appellant insurance company is set aside.
Kerala High Court Cites 25 - Cited by 0 - J B Koshy - Full Document

Binod Kumar Choudhary vs Kamal Narain Thakur And Ors. on 27 March, 1997

14. Learned counsel for the appellant has, however, placed reliance on Gayatri Devi v. Tani Ram, AIR 1976 HP 75, in which it has been observed that a plea of negligence cannot be allowed to be raised into an application for compensation in claim case under the Motor Vehicles Act, but as discussed earlier it cannot be treated as an incumbent on the part of the claimants to make a mention of the term of negligence of the driver in view of the fact that there is no column in the pro forma of the application provided under the rules.
Patna High Court Cites 7 - Cited by 2 - B P Sharma - Full Document

Imam Bi And Anr. vs Oriental Fire And General Insurance ... on 13 February, 1988

10. Learned Counsel for the appellant relied upon a Division Bench decision in Smt. Gayatri Devi v. Tani Ram, , wherein it was held that proceedings under the Workmen's Compensation Act relate to the statutory liability created under the Act. The liability adjudicated upon by the Motor Accidents Claims Tribunal is a liability founded on tort and thus falls outside the scope of section 19 of the Workmen's Compensation Act. But that case arose out of an accident that occurred on February 18, 1968, and a claim was preferred on May 3, 1968, before the Motor Accidents Claims Tribunal prior to the addition of section 110AA of the Motor Vehicles Act which came into force from March 2, 1970. Since section 110AA was held to be prospective, it was held there is no bar for preferring a claim under the Motor Vehicles Act. But, in the instant case, the accident took place and claims were preferred after section 110AA of the Motor Vehicles Act came into force. Hence, the aforesaid decision has no application.
Andhra HC (Pre-Telangana) Cites 7 - Cited by 0 - Full Document
1   2 Next