Court : Punjab and Haryana
..... counsel for the claimants has argued that he died on january 29, 2006 due to the injuries sustained by him in the accident on october 27, 2005, so, the tribunal fell in error in not awarding compensation although he died due to the accidental injuries ..... vehicle owner has violated the conditions of the insurance policy by not informing the insurer about the accident and that the driver of the truck was not holding a valid and effective driving license.7 ..... 2001(4) rcr(civil) 673 a full bench of hon'ble supreme court considered various issues raised in writ petition filed by the petitioners including the one relating to payment of compensation to the victims of rd fire accident which occurred on march 3 , 1989 resulting into the death of 16 persons and injuries to 113 persons. ..... issue was answered by the tribunal affirmatively holding that driver of the truck by his reckless and negligent driving caused the accident, which resulted into the death of shashi jain and injuries to narinder jain.10. ..... time of death of their mother in the accident and thereafter, unfortunate demise of their father within three months (may not be due to the accident), this court is of the opinion that the claimants (children) should be allowed compensation of rs.1,00,000/-, each, under the head of `loss of love ..... judgment shall dispose of aforesaid two appeals bearing nos.394 and 395 of 2011 arising out of award dated august 06, 2010 passed by motor accident claims tribunal, patiala (for short `the tribunal').2. .....
Tag this Judgment!Court : Punjab and Haryana
..... it clearly shows that the claimant has miserably failed to prove his case that the accident was an outcome of rash and negligent driving of the motorcycle by kuldeep, the appellant. ..... of 2012(o&m) -4- appearing in the fir, the statement of the claimant could not be believed to hold the accident to be an outcome of rash and negligent driving of the motorcycle by the appellant. ..... the three-wheeler turned turtle in the accident and the right leg of the claimant got crushed under the three ..... in his written statement, he denied the accident to have occurred on account of his rash or negligent driving of the ..... is an appeal brought by kuldeep, the driver of the motorcycle bearing registration not hr-42-2191, who has been held responsible for causing this accident by his rash and f.a.o. ..... he claimed the accident to be an outcome of rash and negligent driving of the ..... as a result of this accident, the claimant got his leg ..... motor accident claims tribunal, panchkula (for short 'the tribunal') had assessed a sum of rs.10,00,000/- as compensation in favour of dharam vir for pecuniary and non-pecuniary loss suffered by him in the accident. ..... the accident occurred on ..... read out the contents of the fir and has submitted that learned tribunal has mechanically decided the case against the appellant by holding him responsible for this accident. ..... claimed that the claimant was sitting on the driver's seat of the three-wheeler in violation of the provisions of law and had contributed to the acts of the accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... framing issues and taking evidence, learned tribunal came to the conclusion under issue no.1 that the accident is not proved to be an outcome of rash or negligent driving by respondent no.1 of canter not hr-38j-6262 ..... this is claimants' appeal against the award dated 21.01.2010 passed by learned motor accidents claims tribunal, panipat (for short 'the tribunal') vide which the claim petition has been dismissed ..... since no allegation came in the ddr making anyone responsible for the accident, the police did not take any action. ..... on the very next day of the accident, the vehicle number is mentioned as hr-38a-6262 ..... a ddr was lodged about this accident on the very next day i.e.on 11.08.2007 ..... after three months of the accident, the number of the vehicle remains the same but at the time of filing of the claim petition, the number changes to hr-38j- ..... after three months of the accident, a complaint was filed by dharam pal, which was sent to the police station under section 156 (3) cr.p.c.and on the same, fir was registered ..... evidence has come to show as to how the mistake in the number of the offending vehicle came to the notice of the claimants and how they came to knot that the actual vehicle involved in the accident was hr-38j-6262. ..... involvement of the canter in question in the accident is denied by the respondents. ..... appears to be a mysterious circumstance in the presence of which the statement that this vehicle was involved in the accident cannot be believed. ..... the accident occurred on 10.08. .....
Tag this Judgment!Court : Punjab and Haryana
..... a claim petition was lodged by his legal heirs.on the basis of evidence, tribunal came to the conclusion that accident had occurred due to rash and negligent driving by driver of the offending vehicle. ..... it appears that an accident occurred on 16.02.2008. ..... accident took place in the year 2008. .....
Tag this Judgment!Court : Punjab and Haryana
..... framing issues and taking evidence of the parties, learned tribunal came to the conclusion that the accident is an outcome of rash and negligent driving of motorcycle bearing registration not hr-10m- 3775 by respondent no.1. ..... therefore, learned tribunal was fully justified in holding that the accident is an outcome of rash and negligent driving of the motorcycle bearing registration not hr-10m-3775 by respondent no.1. ..... .recorded by learned tribunal on issue no.1 where it is held that the accident is an outcome of rash and negligent driving of motorcycle bearing registration not hr-10m-3775 by respondent no.1. ..... this is an appeal brought by the oriental insurance co.limited, the insurer, against the award dated 15.11.2011 passed by learned motor accidents claims tribunal, sonepat (for short, "the tribunal").smt. ..... he has tried to shift the blame for the accident to the driver of the other vehicle and, therefore, much importance cannot be attached to the contents of the fir. ..... they have denied the very accident to have occurred in the aforesaid manner. ..... sudesh and two others.the claimants brought a petition under section 166 of the motor vehicles act, 1988 seeking compensation in a sum of rs.10,00,000/- for the death of krishan in a roadside accident that took place on 9.5.2009. ..... learned counsel for the appellant has submitted that this is an accident between two motorcycles. ..... the fir is lodged by the person who is claimed to be responsible for this accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... made in the present petition filed under articles 226/227 of the constitution of india is for issuance of writ of certiorari quashing the impugned order dated 30.10.1990 (annexures p-4) whereby service of the petitioner was terminated on account of accident which took place due to his rash and negligent driving in which one gurbinder singh died. ..... in the written statement filed on behalf of respondents, it has been pleaded that the motor accident claims tribunal, kurukshetra found the petitioner inder singh to be rash and negligent while driving the bus and awarded a sum of ` 2,13,000/- along with interest @ 15% from the date of filing of petition till its realisation .....
Tag this Judgment!Court : Punjab and Haryana
..... prakash som 2013.09.03 11:36 i attest to the accuracy and integrity of this document f.a.o.no.6234 of 2011 & 2 f.a.o.no.601 of 2012 .no.601 of 2012 brought by the claimants, have been directed against the award dated 27.7.2011 passed by learned motor accidents claims tribunal, patiala (for short, "the tribunal").ratna rani and others claiming themselves to be dependents of raj kumar, brought a claim petition under section 166 of the motor vehicles act, 1988 seeking compensation in a sum ..... while oriental insurance company limited, the insurer has challenged the award on the ground that no such accident had occurred and the finding of the tribunal with regard to the same is erroneous, the claimants have sought enhancement of compensation. ..... according to respondents no.1 and 2, no accident took place with the said vehicle. ..... prakash som 2013.09.03 11:36 i attest to the accuracy and integrity of this document f.a.o.no.6234 of 2011 & 6 f.a.o.no.601 of 2012 .on the basis of the log-book and untraced report, the statement of pankaj, who claims to have seen the accident, cannot be discarded. ..... it is very much possible that after this accident had occurred, the log-book may be manipulated to avoid the evil effects of the accident. ..... on the other hand, there is the log-book which shows that the vehicle did not pass by the place of accident on the date of accident. ..... on seeing the accident, pankaj ran towards his father, who had fallen down on the road and whose head struck against the road. .....
Tag this Judgment!Court : Punjab and Haryana
..... ,advocate for the petitioners jaswant singh,j(oral).petitioner no.1 raj kumar, his minot son-petitioner no.2 lachman singh aged 17 years and daughter-petitioner no.3 nimo devi were awarded compensation of rs.2.70 lacs by the learned motor accident claims tribunal, fatehgarh sahib vide award dated 1.9.2006 on account of death of kashmiro wife of petitioner no.1 and mother of petitioner nos.2 and 3. ..... accordingly, the present revision petition is allowed, the impugned order dated 17.12.2012 (p5) passed by the cr 200/2013(o&m) 3 learned motor accident claims tribunal, fatehgarh sahib is set aside and it is directed that the amount of compensation lying deposited in the name of petitioner no.2-lachman singh, in oriental bank of commerce,fatehgarh sahib branch in the shape of fdr be released forthwith to ..... learned counsel by referring to medical bill (p1) and medical certificate (p3) issued by christian medical college, ludhiana submits that petitioner no.2-lachman singh, minot due to a road side accident was admitted in cmc ludhiana for treatment of grade iii liver injury, fracture of right humerus and mandible. ..... the petitioners are aggrieved against the order dated 17.12.2012 (p5) passed by the learned motor accident claims tribunal, fatehgarh sahib vide which their application, for directing cr 200/2013(o&m) 2 the oriental bank of commerce, fatehgarh sahib branch to release the fdr amounting to rs.61,663/- lying deposited in the name of minot lachman .....
Tag this Judgment!Court : Punjab and Haryana
..... the present appeal has been filed by pepsu road transport corporation, patiala against award dated 03.09.2012 passed by motor accident claim tribunal, ludhiana, vide which, respondents have been granted compensation of `7,01,200/- along with interest @ 9% per annum from the date of claim petition till realization of the awarded amount. ..... learned counsel for the appellant also submits that learned tribunal has ignored the statement of rw1-kuldeep singh, who is driver of the bus and has categorically stated that no such accident ever took place with the f.a.o.no.168 of 2013 (o&m) 2 bus owned by the appellant corporation. ..... claimants have claimed rs.10 lakhs alongwith interest @ 12% per annum from the date of accident till the realization of the amount of award being the legal heirs of deceased mohd. ..... the claimants have claimed interest @ 12% per annum from the date of accident till the realization of the amount of compensation. ..... as per finding recorded by the tribunal, the accident was caused due to rash and negligent driving of the driver of bus. ..... kabir alam, who died in a motor vehicle accident on 01.02.2011 caused by bus bearing registration not pb-10cj-1738. ..... jakir hussain that the accident caused due to rash and negligent driving of the driver of the bus has been corroborated from the contents of the fir. ..... the post mortem report was also proved and cause of death was due to injuries suffered in the accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... for the appellant also contended that the learned trial court failed to consider the manner in which the alleged occurrence had taken place, which clearly establishes that it was merely a case of accident, wherein, appellant rather was not even negligent, but dharmender kumar complainant himself had brought the scooter in front of the car of the appellant, thereby, causing injuries to his own sister ..... he also deposed that efforts to arrest the appellant remained unsuccessful on that day too and on 26.10.2002, he was informed that car used in the accident was lying abandoned on banur-rajpura, road, 3 km from banur and he reached there alongwith fellow police officials, where car not ch-03-1208 ex.p42 was found, ..... from pgi, chandigarh to the mortuary of general hospital, sector 16, chandigarh for autopsy vide application ex.p23 that was conducted and before postmortem, clothes worn by manju @ madhu at the time of accident were handed over by her father that were sealed into a parcel, which was seized vide memo ex.p32. ..... attend his office on 23.10.2002 and the brother of the appellant subhash informed him that the appellant has caused the accident with his daughter manju @ madhu and son dharmender kumar and that they have been removed to pgi. ..... have any knowledge about the relation of the appellant with the daughter of ram saran namely manju @ madhu, who died in an accident, which took place on small chowk of sector 37, chandigarh, when she was proceeding on a scooter with her brother. .....
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