Court : Punjab and Haryana
..... the aforesaid submissions, the question that falls for our consideration is whether the legal representatives of a person, who was driving a motor vehicle, after borrowing it from the real owner meets with an accident without involving any other vehicle, would be entitled to compensation under section 163-a of mva or under any other provision(s) of law shanker gauri 2014.02.07 09:57 i attest to the accuracy and integrity ..... nature specified in sub-section (1) of section 165 may be made by the person who has sustained the injury; or by the owner of the property; or where death has resulted from the accident, by all or any of the legal representatives of the deceased; or by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the ..... in sub-section (1) of section 165 may be made- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the ..... 1 to 3 **** jitendra chauhan, j.the present appeal has been filed by the insurance company, challenging the impugned award dated 5.8.2011, passed by the learned motor accident claims tribunal, fast track court, amritsar, ( in short 'the tribunal') vide which, a sum of rs.14,70,000/- has been awarded to the claimants and the appellant .....
Tag this Judgment!Court : Punjab and Haryana
..... a criminal case was registered against the petitioner vide fir dated 17.03.2001 under sections 279, 304-a ipc, in which he was acquitted on 13.05.2003 (annexure p-1).however, in a petition filed under the motor accident claims tribunal act, it was found that the driving licence possessed by the petitioner was fake at the time when an accident had taken place. ..... the learned judge of the motor accident claims tribunal appointed a local commissioner to verify the correctness of the licence in question. .....
Tag this Judgment!Court : Punjab and Haryana
..... the present appeal has been preferred by the claimant- appellants, seeking enhancement of the amount of compensation against the impugned award dated 16.05.2011 passed by learned motor accident claims tribunal, panipat (for short' the tribunal'), on account of the death of ramphal.2. ..... the contents of the compromise are as under:- ram phal, assistant sub inspector, police department met with a vehicular accident which took place on 9.7.2010, and as a result thereof he died. ..... rs.26,535/- instead of rs.35,000/- per month because at the time of accident deceased was also used to earn rs.8,000/- from his agricultural land and he was drawing his salary rs.27,000/- from the department. ..... position would have been different if the compensation/financial assistance was admissible only in case of death of the employee as a result of motor accident. ..... benefits accruing to the dependents of the deceased government employee who dies while in service can be a ground to deprive the dependents of the deceased employee of the benefits which would accrue to them in a case of his death in a vehicular accident. ..... whereas, learned tribunal has committed a grave error while applying the multiplier of 4 whereas a multiplier of 12 should have been applied as the deceased was 51 year of age at the time of his death in the said accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) the present appeal has been filed by the appellant- insurance company, challenging the impugned award dated 03.12.2012, passed by the learned motor accident claims tribunal, chandigarh (for short, 'the tribunal').the cross- objections have been filed by the claimants for enhancement of compensation amount. ..... he submits that at the time of the accident, the deceased was getting rs.3,750/- per month, as 'on job trainee', whereas the income has been wrongly assessed on the basis of his earlier income of rs.5,000/- per month. ..... it is not in dispute that prior to the accident, the appellant had been getting a salary of rs,5,000/-. ..... at the time of the accident, he was a trainee and getting rs.3,750/- as stipend. ..... a perusal of the impugned award reveals that no amount has been granted to the claimants on account of loss of love and affection to the parents, who lost their young son in the unfortunate accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... i will add the conventional heads of claim as laid down in rajesh versus rajbir 2013 (9) scc54and tabulate the compensation payable to the claimants as follows:- fatal accident date of accident 11.4.2000 age 30 occupation security personnel claimants: widow, two children heads of claim tribunal high court sr.no.amount (`) amount (`) 1 income 4625/- 2 add, 30% of increase 6012.50 3 deduction 1/3 4 multiplicand 4625 5 multiplier 13 6 loss of dependence 6,25,300 7 medical expenses 8 ..... police especially when he claimed that he knew the deceased even earlier, the appellants' version gets a shot in the arm, as it were, by the statement of the driver and the owner who have not denied the accident, but on the other hand, admitted its involvement impliedly by suggesting that it was the deceased who suddenly crossed the road and received the injuries. ..... court chandigarh fao no.1661 of 2003 2 filed a statement jointly and in the written statement apart from a bald denial of the appellants' averment, it was stated that the deceased himself was responsible for causing the accident and that the 1st respondent was not at fault. ..... it appears that the insurance company denied the accident and also filed an application for securing permission for contesting the case on all grounds under section 170 of the motor vehicle act, but no order has been passed by the tribunal thereof. ..... a mere fact that the owner and the driver admit the accident cannot be an act of collusion. .....
Tag this Judgment!Court : Punjab and Haryana
..... the claimant-appellant, pw-2, filed affidavit, ex.pw-2a, before the learned tribunal and reiterated the same by asserting that the accident took place due to the rash and negligent driving of respondent no.2. ..... , particularly in view of the fact that nothing has come on record that the claimant tried to introduce false version, the delay in lodging the fir is not sufficient to deny the claim of the injured when the accident and the injuries suffered, are proved on record. ..... the present appeal has been filed by the appellant- insurance company, challenging the impugned award dated 14.11.2011, passed by the learned motor accident claims tribunal, narnaul, (for short, 'the tribunal').3. ..... it is a matter of record that the accident took place on 07.09.2009, whereas the fir was registered on 19.09.2009, however, there is nothing on record that the claimant introduced some new facts. ..... the accident took place on 7.09.2009, whereas the fir was registered on 19.09.2009. .....
Tag this Judgment!Court : Punjab and Haryana
..... if there was no case by the claimants that the vehicle borrowed by the deceased had any defect which contributed to the accident, then the petition against a charitable owner was incompetent and more so, against the insurer of such vehicle. ..... the owner and driver of the other vehicle which caused the accident had not been impleaded but the claim was made against the owner of the vehicle, who had lent the vehicle to the deceased. ..... the appeal is by the insurance company against the award passed in favour of the claimants, who had a case that the deceased had borrowed the vehicle and had involved himself in an accident by a collision with another vehicle. ..... in a typical road accident scenario, the straight forward case is what a driver of a motor vehicle to any other road user, be he a pedestrian or on any form of transport. ..... that there could be no cause of action against the owner of the vehicle from whom the deceased borrowed it unless the vehicle was non-motorable and by any latent defect in the vehicle, there had been an accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... the present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned motor accident claims tribunal, bhiwani (for short 'the tribunal'), vide award dated 25.7.2003, on account of the injuries suffered by him in a motor vehicular accident. ..... the accident occurred in district bhiwani, from where, she was shifted to delhi. ..... it is not disputed that appellant suffered multiple injuries on account of the accident. ..... he further submits that the driving was not holding a valid driving licence at the time of accident.4. .....
Tag this Judgment!Court : Punjab and Haryana
..... the present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned motor accident claims tribunal, bhiwani (for short 'the tribunal'), vide award dated 25.7.2003, on account of the injuries suffered by her in a motor vehicular accident. ..... the accident occurred in district bhiwani, from where, she was shifted to delhi. ..... it is not disputed that appellant suffered multiple injuries on account of the accident. ..... he further submits that the driving was not holding a valid driving licence at the time of accident.4. .....
Tag this Judgment!Court : Punjab and Haryana
..... brief facts are that the accident took place because as against the norms of maximum height of 10 cms.speed breaker of 25 cms of height was constructed by the pwd department on a road which fell within the municipal limits. ..... it was as a result of that unlawful height of the speed breaker that the accident took place. .....
Tag this Judgment!