Judgment Search Results Home > Cases Phrase: accident Court: himachal pradesh Page 4 of about 3,052 results (0.006 seconds)

Balbinder Singh Vs. the Secretary to Government, Punjab and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP50

..... observed that even if the version of the appellant was believed that the aforesaid vehicle of the punjab roadways was involved in this accident, the accident had resulted on account of the appellant's own carelessness and negligence and that the bus driver could not be held responsible for the ..... belonging to the punjab roadways and then driven by didu ram respondent was involved in the accident that resulted in injuries on the person of the appellant and that such accident had been caused on account of the rash and negligent driving on the part of the ..... in a case of this type where a person who is in the full know of the facts and circumstances leading to the accident resulting in injuries on his person intentionally withholds the truth from the court, it would be legitimate for the court to draw all ..... that in a case of a claim for compensation made under section 110-a of the motor vehicles act in respect of an accident arising out of the use of motor vehicles, it is for the claimant to establish if there was negligence and/or rashness on the part of the driver of the vehicle against whom the claim is filed and also to establish direct connection of such accident with the injury sustained by the claimant and in respect of which compensation has been claimed. ..... this maxim is applicable it is for the opposite party to establish that the accident was not on account of its negligence or that the accident might have more probably occurred in a manner which did not connote negligence on .....

Oriental Insurance Company Ltd. and Sh. Partap Singh Vs. Smt. Savitri ...

Court : Himachal Pradesh

..... version of the claimants is totally unbelievable and it appears that one and half months after the accident took place the fir was lodged only with a view to grab some compensation. ..... according to him he thereafter, went to inform the claimant about the accident and did not go to the police station to lodge the fir. ..... when the petitioner files the claim petition alleging that the victim suffered injuries or died in an accident involving a motor vehicle, the jurisdiction to decide whether such an accident took place lies with the tribunal. ..... however, since i have held that no accident had taken place, the appeal filed by the owner is allowed and the award of the learned tribunal dated 03.06.2005 in claim petition is set aside and the claim petition filed by the claimants is dismissed as they failed to prove that mast ram died in a motor vehicle accident involving the tractor owned and driven by shri partap singh. ..... one of the main grounds raised by the present appellants was that no such accident had taken place with the tractor in question. ..... i am therefore, clearly of the view that the accident had not taken place with the tractor in question and, therefore, there is no question of any compensation being awarded to them.13. ..... p7 nor in her statement before the learned motor accident claims tribunal there is any mention as to from where the widow derived the knowledge that her husband died in an accident involving the tractor in question. .....

Gopal Thakur and anr. Vs. Urmila Mahant and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ238,2007(2)ShimLC168

..... the learned tribunal has otherwise correctly appreciated the facts and has come to the right conclusion that the accident has taken place due to rash and negligent driving of the scooter driver and the compensation awarded to the claimants is just and in accordance with the proved income on record of the deceased.15. ..... the insurance company in its reply has simply taken the plea that at the time of accident, the scooter driver was not having valid driving licence. ..... the insurer is not liable to pay any compensation even if petitioners are found entitled to any compensation because the driver of the scooter had no valid driving licence at the time of accident and the scooter was being plied without registration certificate.7. ..... 3 insurance company filed reply and denied that the accident took place due to rash and negligent driving of the driver. ..... he has submitted that it has been proved on record that at the time of accident the scooter driver was having learner's licence. ..... 10,80,000/- to the claimants on account of death of prem singh in an accident along with interest at the rate of 9% per annum from the date of petition till the date of payment ..... 1 to 3 jointly and severally on account of death of prem singh due to the injuries sustained by him in the accident on 29th november, 1999 involving scooter engine no. ..... the learned tribunal held that the accident has taken place due to rash and negligent driving of the driver of the scooter at the relevant time and has awarded an amount of rs .....

New India Assurance Company Ltd. Vs. Smt. Usha Devi and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ845,[2007(115)FLR1179],2007(2)ShimLC397

..... section 143 of the 1988 act occurring in chapter x thereof shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the 1923 act resulting from an accident of the nature referred to in sub-section (1) of section 140 and for the said purpose, the said provisions, shall with necessary modification be deemed to form part of that act. ..... a 'workman' with the meaning of the provisions of the 1923 act would, therefore, be entitled to maintain an application for payment of compensation if, for a personal injury caused to him by accident arising out of or in case of his employment in which the employer shall be liable to pay compensation in accordance with the provisions of chapter x. ..... in other words, a claimant who becomes entitled to claim compensation both under the motor vehicles act, 1988 and the workmen's compensation act, 1923 because of a motor vehicle accident has the choice of proceeding under either of the acts before the concerned forum. ..... that section provides that death or bodily injury arising out of a motor accident which may also give rise to a claim for compensation under the workmen's compensation act, can be enforced through the authorities under that act, option in that behalf, being with the victim or his ..... (iii) whether in the facts and circumstances of the case the accident occurred during the course of employment and the appellant could be fastened with the liability to pay compensation and interest as .....

Jamna Devi and ors. Vs. Secretary Iph and anr.

Court : Himachal Pradesh

..... so liable -(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to -(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of ..... came to the conclusion that since no inquiry was held into the death of narpat ram it could be presumed that the deceased died due to an accident and, therefore, the claimants could not be deprived of the benefit of the policy and the state as well as the insurance company were held liable. ..... in malikarjuna's case supra, the apex court in the case of a driver who died due to drowning which admittedly is an accident held that the claimants were not entitled for compensation under the workmen compensation act since it was not proved that the drowning of the workman had any causal connection ..... forum held that the death of narpat was not on account of any accident and his case did not fall within the purview of the policy and ..... to the conclusion that the death took place during the course of the employment but then no evidence has been brought on record to show that it had a causal connection between accident and serious injury so as to fulfill the requirements of the terms 'out of employment'. .....

Braham Dass Vs. Sanjay Kumar and ors.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC511

..... further a positive and specific suggestion was put to shri jeet ram by shri vikas sharma that the accident took place due to the former's fault, totally negates and repells the presumption that sought to be propounded that the vehicle in fact was being driven by shri rajesh ..... shetty : (2003) 7 scc 197, the apex court has held as under:the damages for vehicular accidents are in the nature of compensation in money for loss of any kind caused to any person. ..... any event, the ownership of the jeep, in the present case, would loose significance if it is ultimately found that the truck in fact was being driven by shri vikas sharma and that the accident took place due to his having driven the vehicle in a rash and negligent manner.35. ..... doubt, he has denied the suggestion put to him by the other respondents and the claimant that it was he who was driving the vehicle at the time of accident, but has admitted that he was recruited in the indian army in august 2000. ..... main principles of law on compensation for injuries were worked out in 19th century, where railways accidents were becoming common and all actions were tried by the jury. ..... 1995 acj 366 (sc), has held that:broadly speaking, while fixing the amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... /- per month but however, as a result of the injuries sustained by him in the accident, he could not do any hard work thus impairing his earning capacity. .....

Smt. Krishna Chadha and ors. Vs. National Carriers and ors.

Court : Himachal Pradesh

Reported in : I(1990)ACC184,1990ACJ291,AIR1990HP82

..... besides, the owner of the vehicle, the driver, the insurance company as well as the union of india are joined as parties and the case of the claimants is that the accident took place due to the collusion of these vehicles for their fault and these having been owned by two different respondents, compensation from both or either of them for their responsibility for causing the same ..... of the matter since the learned counsel appearing for the respondents, other than the union of india, vehemently asserted that the finding of the tribunal holding the driver of the tanker responsible for the accident was thoroughly against the evidence on record which pointed out the negligence of the driver of the military truck. ..... accordingly, the tribunal proceeded with the trial of these claim petitions and came to the conclusion that the accident was entirely on account of the negligence of the driver of the petrol tanker, thus exonerated the driver of the military truck from any negligence or contributory ..... stone were travelling in the military vehicle at the relevant time and they died in this accident but it is denied that the accident was the result of any rash and negligent act of the military driver; rather it is asserted that the collision took place on account of the rash and negligent driving on the part of the driver of the ..... national carriers and others), arise out of the same accident and common award, therefore, they are being taken up together for decision by a common judgment .....

Sanjay Rathore Vs. Prakam Singh and ors.

Court : Himachal Pradesh

..... pw-2 sanjay rathor claimant has stated that he sustained fracture injury in the accident, he was taken to chc joginder nagar and thereafter to army hospital northern command, ..... whether the petitioner suffered multiple injuries on his person on account of the accident took place on 9.6.98 at 8.15 am near girls school joginder nagar while he was riding on the motorcycle bearing ..... 25,000/- compensation, if not more on account of injuries sustained by him in the accident on account of pain and suffering, lowering him in medical category by army medical authorities ..... however, this is not the end of the matter, the accident took place in the year 1998, the appellant had sustained fracture around knee and had not recovered till he made the statement before the learned tribunal, the medical category of the appellant ..... has submitted that the learned tribunal has held that appellant had sustained injuries in the accident which was attributable to rash and negligent driving of respondent no. ..... also filed reply to the petition, he denied that accident was caused due to his rash or negligent driving. ..... appellant was about 26 years of age at the time of accident and he has long career in the army. ..... the learned tribunal has held that accident took place due to rash and negligent driving on the part of respondent ..... other words ashok kumar was not holding valid and effective driving licence to drive goods vehicle hp-53-947 at the time of accident and therefore in view of policy ex.rw-2/a, respondent no. .....

New India Assurance Company Vs. Smt. Chanan Kaur and ors.

Court : Himachal Pradesh

..... in crossexamination by the driver and owner, he states that one month after the accident, he had informed the relatives of the deceased by telephone and then the police had recorded ..... under section 173 of the motor vehicles act is directed against the award dated 4.6.2005 passed by the learned motor accident claims tribunal-i, sirmaur district at nahan (hereinafter referred to as 'the tribunal), in mac petition no. ..... is apparent that this evidence has been created after the accident took place with some unknown truck so that compensation could be ..... states that when the police came on the spot, he had informed the police that the accident was caused by harvinder singh, driver of the truck. ..... filed a reply stating that no accident had taken place with his truck. ..... deceased died due to an accident but the petitioners-claimants have miserably failed to prove that this accident occurred with truck no. ..... he also states that he informed the police that the accident had been caused by harvinder singh. ..... states that neither he had witnessed the accident nor he was present on the spot. ..... he further states that after the accident, harvinder took the truck to the hotel of one joginder singh and ..... the petitioner to prove the accident had produced shri ram ..... reply, he stated that no accident of the truck had taken place ..... the phone number of the deceased since even according to him after he came back from calcutta, he telephonically informed the family members of the deceased that the accident had taken place. .....

National Insurance Company Ltd. Vs. Kanta Devi and ors.

Court : Himachal Pradesh

..... whether the driver of the truck was not holding a valid and effective driving licence at the time of accident and the truck was being driven in violation of the conditions of the insurance policy as alleged? ..... karam chand thapar and brothers who was the owner of the goods which the truck was carrying at the time of accident and bhagat ram was sitting in the truck as representative of the owner of the goods. ..... he has submitted that the deceased was sitting in the truck as representative of owner of goods and was not an unauthorized person or gratuitous person at the time of accident, therefore, insurer of the truck is liable to pay compensation as assessed by the learned tribunal. mr. ..... up-07-j-4915 was not holding a valid and effective driving licence at the time of accident and the owner of the truck was having full knowledge of the same, the truck was being driven in violation of insurance policy, the deceased was a gratuitous passenger in the truck and was not an employee of ..... 5 have not led evidence to rebut the statement of pw-2 which clearly establishes that accident took place due to rash or negligent driving of the driver of the truck no. ..... bhagat ram was accompanying with the vehicle at the time of accident when the vehicle was carrying material. ..... bajri in the truck at jogiana site of the company and was going to unload the same at the outlet side of the company and at that time due to rash and negligent driving of the driver of the truck accident took place and bhagat ram died. .....