Court : Allahabad
Reported in : 2005(2)AWC1565
..... a written statement was filed on behalf of the insurance company totally denying that accident in question was caused by the truck in question and the truck was not being plied in accordance with the terms and conditions of the insurance policy and as such, company is not liable to ..... without permit and fitness certificate the vehicle was being plied on the road which caused the accident and after the accident the driver alongwith vehicle was apprehended by the villagers. ..... , there is no evidence at all that the injured became unconscious on the spot after the accident and as such, he was unable to read the registration number of the vehicle.14. ..... upq-1679 owned by the appellant and the accident was not the result of rash and negligent driving by the truck driver and the finding is perverse and is liable to be set ..... however, find that the claimant proved by reliable evidence that accident in question was caused by the truck in question. ..... the claimant proved by reliable evidence that accident in question was caused by the truck in question and the tribunal committed no error in fixing liability on the owner of the truck as the truck had been surrendered by the owner to transport authorities and the vehicle ..... counsel for the appellant has assailed the judgment under appeal mainly on the ground that accident in question was not caused by truck no. ..... claim petition by yogendra kumar srivastava an advocate of gorakhpur was sent to the motor accident claims tribunal, gorakhpur by registered post. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003ACJ782
..... claim petition was contested by the owners of the ambassador car, namely, vinita yadav and rajesh on the ground that no such accident as alleged took place and the claimants had not received any injury from their car. ..... (16) the allegation made by the appellant insurance company, that claimants were not involved in the accident which they described in the claim petition, cannot be brushed aside without further probe into the matter, for, the said allegation has not been specifically denied by the claimants when they were ..... appellant sanjai singh is son of rajendra singh and both allege to have received injuries in the same accident and, therefore, both the appeals are being decided by a common order. f.a.f.o. no. ..... both the claimants alleged to have received injuries in the accident and they were rushed to a private clinic but the doctor referred them to delhi where they were treated in hindu rao ..... is none else but the own son of rajendra singh before the delhi police on that very day on which they received the injuries wherein they said that the injuries were caused due to accident of the tractor on which they were travelling. ..... view of the evidence adduced by the insurance company subsequent to the remand by the supreme court, it is not at all possible to believe the version of the claimants that they received injuries in an accident by the ambassador car owned by vinita yadav. ..... the claim petition was allowed by motor accidents claims tribunal by the judgment and order dated 15.1.1998 and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2009All70
..... (2) subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely:--(a) save as provided in clause (b), the amount of liability incurred;(b) in respect of damage to any property of a third party, a limit of rupees six thousand:provided that any policy of insurance issued with any limited ..... whether the premium has been paid or not is not the concern of the third party who is concerned with the fact that there was a policy issued in respect of the vehicle involved in the accident and it is on the basis of this policy that the claim can be maintained by the third party against the insurer.18. ..... 25,000/- made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.22. ..... the insurance companies contended before this court that since the cheques have been dishonoured, there was no insurance coverage of the owner for the period of accident, therefore, they are not liable to pay the compensation to the claimants even as stop gap arrangement.7. ..... was considered and held on the basis of such judgment that if on the date of accident the policy subsists, then only the third party would be entitled to avail the benefit thereof. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC481
..... in other words, it was submitted that the insurance company will be liable to pay the damages to the claimants as the accident took place during the currency of the insurance policy irrespective of the fact that the vehicle in question stood transferred by the registered owners to shri gauri shanker paliwal, who is the ..... the owner of the vehicle as well as for the claimants is that in view of sections 103 a, 94 and section 95 (1) (b) of motor vehicle act 1939, insurance company would continue to be liable to indemnify transferee of the vehicle in respect of an accident caused by an insured vehicle irrespective of the fact that the ownership of the vehicle has been changed. ..... words, it was pleaded by the insurance company that the insured persons were chandmal, ramesh chandra and since they ceased to be owner prior to the date of accident, the insurance company is not liable to indemnify the subsequent owner namely shri gauri shanker paliwal. ..... all these claim petitions arose on account of an accident which took place on 25th of april, 1974 at ..... found by the tribunal that gauri shanker paliwal had become owner of the jeep sometime prior to 31st of march, 1974 and was, therefore, owner of the vehicle in question on the date of the accident and that ramesh chand, smt. ..... will be liable to indemnify the subsequent transferee namely shri gauri shankar paliwal irrespective of the fact that the insured vehicle stood transferred prior to the date of the accident to shri gauri shanker paliwal. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007ACJ2091; 2007(1)AWC475
..... question that arises for our consideration in this appeal is where an insured has not preferred an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as 'act') against an award given by the motor accident claims tribunal, is it open to the insurer to prefer an appeal against the award by the tribunal questioning the quantum of the compensation, as well as finding as regards the negligence of the offending vehicle in absence of permission under section 170 ..... claim on merit and the same is rejected or where the liability of payment of compensation is fastened upon the insurer and the insured does not prefer appeal against the award of motor accident claims tribunal in that situation the award made by motor accident claims tribunal on the question of quantum of compensation inasmuch as on the question of negligence or contributory negligence howsoever erroneous it may be, would attain the finality and if the insurer cannot be permitted to challenge the ..... the main object of enacting chapter xi of the 1988 act was to protect the interest of the victims of motor vehicle accidents and it is for that reason the insurance of all motor vehicles has been made statutorily compulsory. ..... in view of our findings the argument of the learned counsel for the appellant that the accident took place due to contributory negligence of drivers of both the vehicles had not been considered by the tribunal cannot be accepted.12. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1990)ACC359; 1991ACJ177; AIR1991All48
..... counsel, the comprehensive policy covers : firstly the insured, secondly accident or damages to third party and lastly damages to the vehicle. ..... when he reached near village chhappar, he applied brake to avoid accident to third person coming from opposite direction, but the brake slipped and the tractor fell from the edge of the road causing the death of owner cum driver jagdish prasad ..... act the insurance company undertakes to indemnify the liability which may be incurred by him due to accident to third party or to his vehicle, if it is insured comprehensively. ..... the first issue was whether the accident resulting in the death of jagdish prasad was caused due to ..... a case where the insured himself had received injuries or died by any accident from his own insured vehicle.18. ..... point arises in this appeal, whether descendants of an insured can claim compensation from an insurance company if his death is caused in an accident involving his own insured vehicle. ..... making any observation to this effect that in such cases the co-insured would be entitled to compensation if the other co-insured dies in an accident from the insured vehicle. ..... cover the cases of death of the insured himself in accident from his own vehicle.8. ..... ii-l(i) in respect of any one accident : such amount as is necessary to meet the requirements of the motor ..... the aforesaid two sections clearly show that the liability of payment of any sum by the insurer arises only when the insured incurs any liability in respect of an accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 1996ACJ948; AIR1996All332
..... 166 of the motor vehicles act for the reason that the tribunal has already recorded a finding that the deceased vinod kumar garg was a valid passenger and his death was caused due to accident which occurred due to rash and negligent driving of the driver of the bus and negligence of the conductor.6. on issue no ..... . modi (1981) acj 507 held that the delay in the final disposal of motor accident compensation cases, as in all other classes of litigation, taken a sting out of the laws of compensation and added to that the moistrous inflation and the consequent fall in the value of rupee makes the compensation demanded ..... . 5 on the basis of the evidence the tribunal recorded a finding that at the time of the accident the deceased was 40 years of age and was earning rs.3,000/- per month at the time of his ..... garg, the widow of the deceased as well as three minor childern of the deceased filed a claim petition before the motor accident claims tribunal which was presided over by the court of special judge (e.c.act) agra.3. ..... 3,4 and 5 on becoming majorcan withdraw the aforesaid amount from the concerned motor accident claims tribunal for any necessity which may arise after their becoming major.26 ..... of security, as the case may be, shall neither be pledged nor shall be offered as security for any loan nor shall any loan be permitted to be drawn against the same except with the previous permission of the motor accident claims tribunal, agra under whose supervision the 'amount will remain in deposit .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1300
..... total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for a work which he was capable of performing at the time of the accident resulting in such disablement ; provided that the permanent total disablement shall be deemed to result from every injury specified in part i of schedule i or from any combination of injuries ..... in para 11 it has been held as follows :'so following the decision cited (supra) and in view of the fact that the appellant cannot perform the same duties as he was performing on the date of accident, i am inclined to hold that the applicant lost his 100 per cent earning capacity and he is entitled for 100 per cent compensation.'17. ..... on 4th of october 1990 the claimant was driving the aforesaid truck carefully and with a modest speed met with the accident while going from raksha and when the truck reached at sipari bazar a truck coming from the opposite direction dashed the truck which was being driven by the ..... once workman was incapacitated and unable to perform his duties what he was doing on the date of accident, he loses his earning capacity by 100 per cent even though the physical disability was 20-25 per cent ..... supra), the claimant-respondent was a driver of vehicle and on account of accident has suffered injuries resulting in permanent disability to the extent of 40 per ..... total disablement with the result of the injuries sustained by him in the accident dated 4.10.1990 to the extent of 40 per cent.4. .....
Tag this Judgment!Court : Allahabad
Reported in : II(2004)ACC40; 2005ACJ1479; 2004(2)AWC1629
..... a brief resume of necessary facts is that the aforestated claim petition was instituted by the petitioner claiming compensation due to injuries suffered during the accident which occurred on 7.9.2002 resulting in fracture of both the legs of the petitioner besides numerous injuries all over his body. ..... it is quite obvious from the record that the petitioner had suffered injuries in the accident and it is nobody's case that he had since recouped from injuries and was leading a normal life and in the circumstances, instead of taking a lenient and liberal view, the tribunal proceeded to pass the impugned orders on ..... which has been made applicable to the motor accident claim cases, it is deducible that in case sufficient cause is shown the application for recall/restoration and also the application for condonation of delay in filing restoration application could be taken up on merit and the case could be ..... in consequence, the impugned orders dated 14.2.2003 and 4.2.2004 passed by the motor accident claims tribunal/additional district judge (court no. ..... from a perusal of the record, it crystallizes that the petitioner had suffered multiple injuries including fracture of both his legs in the accident as a result of collision with the scooter on 7.9.2001. ..... petitioner has approached the court for the relief claimed in the instant petition founded on the grievances that motor accident claims tribunal/additional district judge (court no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All357
..... , was that the insurance policy was void ab initio as the correct facts about the ownership of the truck were not disclosed; that the fact that the vehicle had met with accidents in the past three years and that the driver had been convicted for rash and negligent driving were concealed and that the insurance policy had lapsed on account of the transfer made ..... the first clause in the terms of the policy is an follows:--'subject to the limit of liability the company will indemnify the insured in theevent of the accident caused by or arising out of the use of the motor vehicle in a public place against all sums including claimant's costs and expenses which the insurer shall become legally liable to pay in respect of death of ..... the learned district judge who constituted the tribunal found from the evidence on record that the accident occurred on account of the rashness and negligence of ram dayal: that ram prakash thukral was the real owner and the registration in the name of ..... recorded by the tribunal which have not been challenged in appeal, on the day of the accident the truck was being driven by ram dayal for transporting the goods of ram prakash thukral ..... sobti in the appropriate form before the motor accidents claims tribunal, meerut, for a compensation of ..... it, when the said truck was being driven by ram dayal driver on 21-10-1963 in connection withtransporting the materials belonging to ram prakash thukral, it met with an accident on the meerut-roorkee road crushing second lt. .....
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