Court : Punjab and Haryana
..... that the tribunal erred in holding that there was no witness of the singh ishwar 2014.03.20 04:14 i attest to the accuracy of this order high court chandigarh fao no.3583 of 2008 {3} accident and since as per the ruqa ex.pb, victim was found lying on the road side and the ddr has been lodged after four days, the claim was not genuine. ..... no fault liability, thus, does not come into play and if any person dies in an accident which was caused by his own fault, the insurance company or the owner, as the case may, cannot be held liable to ..... this appeal has been filed against the award dated 6.6.2008 passed by motor accident claims tribunal (the tribunal for short), ambala, in a petition filed by the appellants, vide which they claimed compensation for the death ..... the appellants referred to the statement of harnam kaur, pw2, where in her cross examination, a suggestion was put to her that the accident had taken place due to the fault of her husband as he had taken liquor. ..... the tribunal held that the appellants had failed to prove that the accident was caused due to use of motor-cycle in question and as such the claim ..... appeared as a witness, she was totally silent about all the aspects given in the ddr and she did not utter a word that any boy had informed about the accident or that she had made inquiries later on from there. ..... it was, however, pleaded in the petition that the accident had taken place when the deceased applied brake to stop the motor-cycle as the bull had suddenly appeared .....
Tag this Judgment!Court : Punjab and Haryana
..... admittedly there was a package policy for the vehicle which was involved in the accident that provided for an insurance cover for a pillion rider. ..... in the ddr recorded soon after the accident the claimant was said to have made a statement that he will not want to prosecute the criminal case but will only require compensation from the insurer. ..... it was fair enough for a claimant not to have a prosecution of criminal case, it was well within the purview of what is legally permissible for an injury sustained in a motor accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) the appeal is at the instance of the owner of a tractor who claimed that he had sold the tractor before the accident and that in any event, he was not responsible for the accident for the motor vehicle dashed against the tractor when it was stationary. ..... it was evident from the place of accident that there had been tyre marks of the motorcycle that showed that the motorcyclist was unable to control the vehicle and stop the same before hitting the tractor-trolly. ..... the time of accident was 7.00 p.m.and the contention of the sandeep sethi 2014.03.19 18:17 i attest to the accuracy and integrity of this document fao no.1381 of 2014 -2- motorcyclist that there were no reflectors in the tractor trolly cannot be true or at least ought ..... as far as the pillion rider was concerned, it was a case of composite negligence and he was at liberty to file the case against any one of the persons responsible for the accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... the contention in defence by the insurer was that the fir had been lodged by one pawan kumar son of sat pal soon after the accident on 23.01.1994 referring the vehicle registration no.hya-7247 as the vehicle which was involved in the accident and that it was driven by a person whose name he did not know. ..... the court observed that if the fir kumar sanjeev 2014.03.19 10:40 fao no.992 of 1997 (o&m) -2- revealed the involvement of some other vehicle, it was not possible to believe a statement of second respondent who owned up the accident. ..... eyewitness pw2 stated the involvement of this vehicle hra-4007 and vishal sharma who is the owner of the said tanker also came to the court as rw2 to say that his vehicle was involved in the accident. ..... the appeal is against the dismissal of the petition for a claim made against the respondents on a plea that a tanker hra- 4007 was involved in the accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... period of 2 months hospitalization occupation & income helper 500/- heads of claim tribunal high court sl no amount (rs) amount (rs) 1 loss of income 3000/- 3000/- from to 2 medical expenses: (i) medicines 5000/- 5000/- fao no.848 of 1991 3 injury cases date of accident 21.7.86 (ii) hospital charges (iii) attendant charges 2500/- (iv) special diet 2500/- (v) transportation 3 pain and suffering 25,000/- 30,000/- 4 disability 5 % of loss of 12,480/- earning capacity 12,480/- loss of amenities 15,000/- multiplier total 45480/- 70,000/- the amount in ..... in fao no.444 of 1991 the claimant was an injured in the very same accident referred to above in the above said case. ..... the various heads of claim are tabulated as under:- injury cases date of accident 21.7.86 age:20. ..... the accident had taken place on 21.7.1986. .....
Tag this Judgment!Court : Punjab and Haryana
..... since the accused-petitioner had not succeeded in showing that the accident happened due to causes other than rashness and negligence on his part, his conviction cannot be faulted. ..... has held that in the facts of the case the doctrine of res ipsa loquitur comes into play and the onus of proof shifts to the man who was in control of the automobile to establish that the accident did not happen on account of any negligence on his part. ..... this amount would be in addition to the amount, if any, paid in the motor accident claim petition of the legal representatives of the deceased. ..... had the petitioner driven the vehicle with aforesaid precaution, then there would have been no occasion for this accident to happen. ..... in the accident, brother of the complainant received multiple injuries. ..... according to him, the alleged eye witnesses, namely, kewal krishan and nishant were not at all present at the spot at the time of alleged accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... the various heads of claim and tabulated as under:- fao no.581 of 1992 3 injury cases date of accident 8.9.1989 age:38. ..... two witnesses who spoke about the involvement of the vehicle and he had been brought with injuries to the hospital and the first hospital had recorded the fact that injuries were on account of the accident, i take the involvement of the vehicle as established and reverse the finding of the tribunal that there was no such accident.3. ..... the accident had taken place on 8.9.1989 and after a reference to the local government hospital, finding that he had bleeding through nose and ear he had been referred to pgimer for clinical management. ..... bali to identify the registration number of the vehicle which had been involved in the accident. ..... the driver who was an advocate had denied the accident. ..... the doctor at ambala had given evidence that he had been brought with injuries in a road accident. ..... the appeal is against the judgment dismissing the petition for compensation of injuries suffered in an accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... the claimant examined himself and narrated about the accident and the involvement of the vehicle. ..... the accident was on 22.10.1993. ..... the owner denied the accident. ..... fir contained details of the accident. ..... the tribunal held that there was no evidence that the claimant suffered injuries in this case or that offending vehicle caused the accident.2. .....
Tag this Judgment!Court : Punjab and Haryana
..... if the insurance company itself had escalated its suspicion of collusion by calling upon the driver or the owner to share with the insurer more particulars of accident which either the owner or the driver was unwilling to share, then it could have been the basis for inference of collusion. ..... (oral) the appeal by the insurance company is on a plea that the insured vehicle was not involved in the accident and it was a case of collusion of the insured owner with the claimants, who admitted to the involvement of the vehicle. ..... mere fact that owner and the driver admitted the accident and later remained ex-parte cannot lead to an inference that there was a collusion between the claimants and the owner. ..... if in this case, the driver had admitted to the accident and was also facing a criminal prosecution, then unless the insurer had sure materials of non-cooperation or unwillingness to part with the information that was demanded from the owner or the driver, it cannot allow ..... there was no material brought of any engagement of the insurer with the owner or the driver to secure particulars of accident with either of them. ..... furthermore, the report of the police itself was said to be made 15 days after the accident. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is urged that respondent no.3 had been acquitted from the kumar sanjeev 2014.04.09 10:54 fao no.2281 of 1997 (o&m) -2- criminal court and the accident was not caused by him. ..... in appeal, it is contended by the owner that the tribunal was in error in holding that the accident was caused by the tractor. ..... the tribunal held that hafiz died as a result of that accident by the tractor. ..... the accident took place on 30.03.1995 when the deceased was crossing road adjoining their fields, the tractor being driven by respondent no.1 in negligent manner, struck against the child, resulting in death of the child at the spot. ..... to admission of the owner of the tractor that his vehicle which had been taken for transporting wheat did not return immediately and on enquiry, he had come to know that the vehicle had been involved in an accident. .....
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