Court : Uttaranchal
Reported in : I(2007)ACC87
..... it is not on record as to how much the appellant was earning at the time of the accident of his wife or at present from his profession. ..... the said vehicle met with accident due to rash and negligent driving of its driver near narkota-khankhara in which smt. ..... 15,00,000 before the motor accident claims tribunal (hereinafter referred to as the tribunal).3. ..... this is an appeal under section 173 of the motor vehicles act, 1988 filed by the claimant for enhancement of the compensation awarded by the motor accident claims tribunal/district judge, rudraprayag, in motor accident claim case no. ..... 8,044 per month at the time of accident and was paying rs. ..... the accident took place due to the mechanical failure in the vehicle and, if any, liabilities are made out, that shall be borne out by the opposite party no. ..... 2-the oriental insurance company with whom the offending vehicle was insured at the time of alleged accident.4. ..... 2-ownerofthe vehicle in question alleged that the vehicle in question was being driven by a skilled driver who was having a valid driving licence at the time of accident. ..... the deceased was posted as assistant teacher under the basic education officer, chamoli at the time of accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC473
..... 1, owner and driver of the vehicle, filed his written statement admitting that the accident did take place but that was so due to some technical fault in the vehicle. ..... 2, virender singh, as such, this court has no hesitation in holding that the accident had occurred due to the rash and negligent driving on the part of the driver of the vehicle in question.6. ..... anita devi died in the accident while she was travelling in jeep registration no. u.p. ..... it is also admitted fact between the parties, that appellant jagat singh was the owner and driver of the vehicle, at the time of the accident. ..... anita devi died in the accident? ..... it was further pleaded in the written statement that the owner of the vehicle was not having valid driving licence and registration certificate of the vehicle at the time of the accident. ..... , at the time of the accident. ..... 1, jagat singh, who was owner as well as driver of the said vehicle, resultantly, the vehicle fell in a gorge and anita devi died in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2006)ACC919
..... 15e 7863, in which he was travelling with his sister from nazibabad to haridwar, met with an accident due to the rash and negligent driving of its driver and resulted in serious injuries to sunil kumar leading to his death. ..... the tribunal, on the evidence led by the parties, held that sunil kumar died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driving of the driver of the bus. ..... respondent uttaranchal road transport corporation contested the claim and pleaded that the accident did not occur on account of the negligence of the driver of the bus, but it was due to sudden failure of the steering and' as such, the corporation is not liable to pay compensation to the claimants.5. ..... this is claimants' appeal for enhancement of the compensation awarded by motor accident claims tribunal/district judge, udham singh nagar vide award dated 13.1.2006 passed in macp no. ..... 5,51,000 (rupees five lakh and fifty one thousand only) for his death in the motor accident on 1.9.2004 when the bus bearing registration no. up. ..... 2,44,000 was awarded as compensation to the claimants for the death of sunil kumar in the motor accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005ACJ1311
..... preferred on the question of rash and negligent driving against the driver of the trailer advanced some arguments but we do not think that the finding of facts as recorded by the courts of fact, namely, the motor accidents claims tribunal and upheld by the learned single judge as well as the division bench can be reopened to reassess the evidence on the point.in view of the discussion held above, we partly allow the appeals of the insurance ..... is established from the material on record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act. ..... to provide an easy mode of getting compensation by the claimants, otherwise in normal course they had to pursue their claim against the owner from one forum to the other and ultimately to execute the order of the accidents claims tribunal for realisation for such amount by sale of properties of the owner of the vehicle. ..... in the present case, the claimant was aged about 30 only at the time of accident and as will appear from the facts on the record that his right leg was so badly fractured and cut down to 6 inches ..... also state that without the knowledge of the insured, if by driver's acts or omission others meddle with the vehicle and cause an accident, the insurer would be liable to indemnify the insured. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2004(101)FLR622]; (2004)IIILLJ60UC
..... (8) notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such establishment of such period as may be specified in the order. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ758; 2005(2)AWC1486(UHC)
..... case the claims tribunal has dismissed the petition of the appellants on the ground that neither report of the accident was lodged in the police station nor any panchayatnama nor post-mortem examination report has been filed. ..... has been filed against the judgment and award dated 12.11.2003, passed by the motor accident claims tribunal, haldwani, district nainital, dismissing the claim petition of the appellants.2. ..... the claims tribunal has held that the driver of the bus had valid driving licence and at the time of accident the bus was insured with the new india assurance company. ..... the first column gives the age group of the victims of accident, the second column indicates the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of ..... we, therefore, have no hesitation in coming to the conclusion that the accident was caused due to rash and negligent driving by the driver of ..... facts giving rise to the present appeal are that the appellant-petitioners have filed a claim petition before the motor accident claims tribunal, haldwani for grant of compensation on account of death of mr. ..... the age of the deceased at the time of accident was 25 years and thus according to the second ..... are concerned the claims tribunal has held that the bus involved in the accident was validly insured with opposite party no. ..... oral evidence to prove the fact that niyaj ahamad sustained fatal injuries in the accident and died due to such injuries.8. p.w. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ476
..... these two issues also recorded its finding that the deceased and the owner of the offending vehicle were jointly liable for the accident and found the deceased was also liable for the contributory negligence and undisputedly since the offending tanker was insured with the insurance company on the date of accident, the deceased and the insurance company were rightly held liable for 50 per cent liability. ..... the moot question to be considered for the decision of this case, therefore, is whether the death of the deceased who died as a result of accident due to explosion of the tanker while it was in a state of rest, could be said to be arising out of the 'use' of motor ..... parliament, however, chose to the use the expression 'arising out of which indicates that for the purpose of awarding compensation under section 92-a the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... -(1) a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereafter in this chapter referred to as claims tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damage to any property of a third party so arising, or both. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC109
..... law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation--for the purposes of this sub-section, 'permanent disability' ..... (supra), has laid down thus:section 92a of the act provides that where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay ..... filing written statement stating therein that the insurance company is not liable to pay amount of compensation and that the vehicle alleged to be involved in the accident was not being driven by the person holding a licence and the tractor was insured for compensation risk for rs. ..... it was also alleged that the death of karan singh was not the result of any accident of the motor vehicle but the offending tractor was used for commission of murder of the deceased; hence the insurance company is ..... the requirement being 'death or permanent disablement of any person has resulted from any accident arising out of the use of a motor vehicle', an amount of interim award under section 140 of the 1988 act on account of 'no-fault .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ1563
..... on the pleadings of the parties, following issues were framed by the tribunal:(1) whether any accident took place as is alleged in para 9 of the petition due to rash and negligent driving on the part of the driver of truck ..... first they had taken the stand that accident took place due to rain, narrow road having turns and failure of brakes of the truck but at the same time they had taken shelter of the statement of an alleged eyewitness one jagdeo bijalwan who stated that accident was the result of collapse of a ..... and 2 in their written statement have stated that at the time of accident it was raining and the road was slippery. ..... 1 the learned tribunal has concluded that the accident did not take place due to rash and negligent driving of the ..... this witness has deposed that the accident had taken place due to collapse of ..... learned tribunal has concluded that the truck in question was not being driven rashly and negligently but the accident took place under unavoidable circumstances. ..... truck was being driven by mahavir singh rashly and negligently due to which it met with accident resulting in the death of hari singh. ..... thus we hold that the accident took place due to rash and negligent driving of the truck and thus the petitioners are entitled to get ..... the fact of accident has been admitted by the opposite parties but they denied that the accident occurred due to rash and negligent ..... an appeal against the judgment and award dated 19.4.1990 passed by motor accidents claims tribunal, dehradun.2. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ2321
..... however, in the present appeals the insurance company has utterly failed to establish that the owner and driver of the vehicle met with accident have flouted the terms and conditions of the insurance policy and as such the appellant is not entitled to recover the amount of compensation from the insured, ..... appellant has also raised point that at the time of accident the bus was overloaded and the passengers travelling by the bus at the time of accident were more than the sanctioned strength of the bus. ..... basis of the ocular testimony of witnesses dodha and parush ram the claims tribunal has held that the accident occurred due to rash and negligent driving by the driver of the bus no. ..... basis of contentions of the parties the following four issues were framed:(1) whether the accident in question took place due to rash and negligent driving of vehicle no. ..... the learned claims tribunal has held that the accident was caused due to rash and negligent driving of the bus in question and it was not due to overloading of ..... the passengers travelling by the bus sustained injuries in the accident out of which five passengers succumbed to the injuries sustained ..... the injured or relatives of person killed in the accident may find that the decree obtained by them is only a paper decree as the owner is a man ..... the claimants have stated that the accident took place due to rash and negligent driving by the bus driver ..... their version of the accident is that the accident took place due to failure of brakes and .....
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