Judgment Search Results Home > Cases Phrase: accident Court: himachal pradesh Page 18 of about 3,052 results (0.019 seconds)

Centre of India Trade Unions Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

..... (1) the board may-(a) provide immediate assistance to a beneficiary in case of accident;(b) make payment of pension to the beneficiaries who have completed the age of sixty years;(c) sanction loans and advances to a beneficiary for construction of a house not exceeding such amount and on such terms and conditions as may be ..... the board has very vast powers including the power to provide immediate assistance to the beneficiary in case of an accident, make payment of pension to the beneficiary, etc. .....

State of Himachal Pradesh Vs. Jawahar Lal Jindal

Court : Himachal Pradesh

..... acquitted the respondent, on the ground that (a) the circumstances appearing in the record show that the respondent had tried to save the child, who was playing on the road, (b) he applied the brakes to avert the accident, (c) further that it was an admitted case that the house of the complainant and the school of the injured child were opposite to each other divided by the highway and the injured also admitted in the examination ..... he also stated that it was a rear tyre which hit his son, whereas pw-2 jai pal though is not an eye witness but reached the spot after the alleged accident and pw4 hc mohinder singh testified that during his investigation, it came to the light that the vehicle was going in the middle of the road and the child was also playing on the road. ..... sundra testified that the vehicle was being driven on its own side of the road and the respondent tried to avert the accident by all means to save the child, who was playing and running on the road. ..... he prepared site plan ex.pw4/b of the place of accident and took the photographs with the help of a photographer. ..... learned trial court found the complicity of the respondent causing alleged accident, being its driver. ..... after the accident, the respondent fled away from the spot. ..... pw-1 ram saran admitted the presence of dw-1 sundra at the time of alleged accident. .....

State of Himachal Pradesh Vs. Baljit Singh

Court : Himachal Pradesh

..... learned counsel for the convictrespondent prayed for leniency on the grounds that the respondent, at the time of alleged accident was aged about 30 years and he suffered the torture of trial and uncertainty in appeal. ..... instant case, neither in the crossexamination of the prosecution witnesses nor in the statement under section 313 of the code of criminal procedure, respondent explained what causes beyond his control, responsible for the accident despite taking due care and caution by him could not probablised his defence. 15. ..... though, he was subjected to the lengthy cross-examination and admitted that at the point of accident, there was a slight curve, but he specifically denied that on seeing the tempo, bus driver had stopped ..... he is sole bread-earner of the family and accident had taken place more than a decade ago i.e ..... once the accident stands proved and the circumstances which appear on the record conclude the rash or negligent driving by the offending vehicle, immediately the onus shifts upon such driver to prove due care and ..... the fact of accident stands substantiated by pw3 melo devi and even pw4 clearly stated that it was the respondent, who was the driver of the bus, which was in a high speed and the tempo driver on ..... has not been proved to be a previous convict and there is nothing on record to show that he committed similar offence even after the accident in question. ..... by this accident, pw3 melo devi and pw5 charanjit kaur sustained injuries and he also proved his statement .....

State of Himachal Pradesh Vs. Rameshwar Dass

Court : Himachal Pradesh

Reported in : 2012CrLJ292(NOC)

..... in his cross-examination, he expressed his ignorance that the accident in question was attributable to the steering lock. ..... according to him, the accident occurred due to the mechanical defect in the bus. ..... alka in the said accident. ..... in the cross-examination of this witnesses, the specific stand taken by him is attributable to the steering lock, which resulted into the accident. 9. ..... the police also prepared site plan of the place of the accident. 6. ..... the police took the photographs of the place of accident. ..... the police was informed about the accident. .....

Mittar Singh Vs. Gian Chand and ors.

Court : Himachal Pradesh

Reported in : IV(2005)ACC52,2006ACJ959

..... 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.the apex court followed the judgment in inderjit kaur's case, : (1998)1scc371 ..... the plea of the insurance company and held that there was no valid policy of the insurance on the date of accident and hence exonerated the insurance company and held the owner and driver liable to pay the compensation assessed.5. ..... gone through the impugned award, i am in complete agreement with the findings recorded by the learned motor accidents claims tribunal that the insurance company denied that the demand draft was received by its office at jagadhri ..... relevant observations of this court are as follows:(14) it may be noticed here that the motor vehicle met with an accident on 25.11.1996 and according to the learned counsel, the insurance company is liable to indemnify him in respect of ..... case were different from the earlier case as in this case at the time of accident the insurance company had not cancelled the policy of insurance. ..... r8, on which his signature appears he stated that after the accident he had gone to jagadhri on 26.11.1996 when he was handed ..... found on appreciation of evidence that the insurance company had no knowledge of the accident having taken place on 25.11.1996 when letter, exh. .....

Randhir Verma Vs. National Insurance Co. Ltd. and ors.

Court : Himachal Pradesh

Reported in : I(2004)ACC255,2004ACJ411

..... and every eventuality because in this case, it was amply proved on record that death of deceased workman had not taken place during the course of his employment and the same was not in result of the accident caused by the insured vehicle nor it could be said that the death had occurred on account of a risk which was an incident of the employment and the death had resulted from some risk incidental to the duties ..... undoubtedly, it is a settled proposition of law that it is not open to an insurance company to dispute the factum of the accident, its cause or other related aspects especially when the employer owner is a party-respondent and is defending the claim application.5. mr. ..... insofar as the issue relating to the factum of the accident is concerned there is a clear-cut finding by the commissioner that the accident in question occurred and that the deceased driver died in the course of discharge of his duties as a workman, an employee of the petitioner. ..... 1 is about the factum of the accident as also the cause of the accident, proximate or otherwise. ..... him for compensation under section 22 of the act did not decide a vital and an important issue relating to the liability of the insurance company with which the vehicle in question was admittedly insured at the time of accident. .....

Himachal Road Transport Corporation and anr. Vs. Subhdra Devi and ors.

Court : Himachal Pradesh

Reported in : I(2004)ACC309,2004ACJ1973

..... all these appeals arise out of the same accident, as such those are being disposed of by this common judgment. ..... driver of this bus died in the accident, besides number of other persons. ..... he also died in the accident in question as noted hereinabove. ..... vehicle involved in this accident being bus bearing registration no. ..... 279 and 280 of 1996 arise out of separate awards passed by the learned motor accidents claims tribunal, chamba.2. in f.a.o. no. ..... factum of accident was not disputed between the parties at the time of hearing. ..... he died in an accident, which took place on 5.11.1993 at 7.30 p.m. .....

State of Himachal Pradesh and ors. Vs. Chet Ram and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ438

..... the learned tribunal, on consideration of the evidence led by the parties came to the conclusion that the accident was as a result of rash and negligent driving of the respondent roop lal, who had been deputed and authorised by appellant dr. ..... the claimant accordingly approached the learned motor accidents claims tribunal (for short 'the tribunal') under section 110-a of the motor vehicles act, 1939, seeking compensation to the tune of rs. ..... this appeal has been directed against the award dated 10.12.1991 of the motor accidents claims tribunal, shimla, whereby compensation to the extent of rs. ..... it is also admitted that the said jeep was being driven on the relevant day by respondent roop lai and that it met with an accident in which the claimant sustained the injuries. ..... it was averred that the accident had taken place as a result of rash and negligent driving on the part of respondent roop lal. ..... 2 roop lal it met with an accident near durga gas store on shimla- sanjauli road. ..... they admitted the accident but denied their liability on the ground that the jeep was being driven by an unauthorised person. ..... in such accident the jeep had gone off the road into a nullah. .....

National Insurance Co. Ltd. Vs. Anjana Shyam and ors.

Court : Himachal Pradesh

Reported in : 2000ACJ1585

..... no violation of the statutory provisions by the insured and as such the defence that more than 42 + 2 passengers specified under the policy of insurance were carried at the time of the accident in the ill-fated bus is not available under section 149(2)(a)(i)(c) of the motor vehicles act to the appellant insurance company against third party risk as the vehicle was not used for the purpose ..... injury to any person other than a person excluded under section ii (1) (b) being carried in or upon or entering or mounting or alighting from the motor vehicle.provided always that in the event of an accident occurring whilst the motor vehicle is carrying more than the number of persons mentioned in the schedule hereto as being the licensed carrying capacity of that vehicle in addition to the conductor, if any, then the insured ..... of the bus was 42 passengers and it has come to the knowledge of the appellant insurance company that the bus was overloaded by passengers at the time of the accident and in fact the bus was carrying 91 passengers and, therefore, the appellant insurance company may be permitted to amend its written statements taking the defence of overloading of the ill-fated bus. ..... and if those 6 workmen when travelling in the vehicle, are assumed not to have increased any risk from the point of view of the insurance company on occurring of an accident, how could those added persons be said to have contributed to the causing of it is the poser, keeping apart the load it was carrying. .....

Smt. Dev Dassi Vs. United India Insurance Company and anr.

Court : Himachal Pradesh

Reported in : 2010ACJ135,2008(2)ShimLC484

..... vide order dated 30.12.2004 (annexure p-1) the state of himachal pradesh, revived the 'indexed group personal accident insurance scheme' (hereinafter referred to as the scheme) to be implemented through united india insurance company limited (hereinafter referred to as the insurance company), with effect from 1.1.2005 upto 31.12.2005. ..... ltd.timber house cart road,shimla-171001scope of cover of group personal accident policy for employees of state of himachal pradesh. ..... petitioner herein has assailed the order dated 6.2.2006 passed by the divisional manager, divisional office, united india insurance company limited, shimla repudiating her claim under the indexed group personal accident insurance scheme jointly floated by respondent no. .....