Judgment Search Results Home > Cases Phrase: accident Court: uttaranchal Page 10 of about 710 results (0.013 seconds)

Kuldeep Singh and anr. Vs. Indrajeet Singh Kohli and anr.

Court : Uttaranchal

Reported in : 2007ACJ2383

..... considering that the claimants are parents of deceased ranjeet kaur, the age of deceased ranjeet kaur on the date of the accident was 20 years; and the claimants are aged about 45 years and 43 years respectively, the multiplier of '10', in view of the dictum of the apex court in the case of municipal corporation of greater bombay v ..... the findings recorded by the tribunal that claimants' daughter ranjeet kaur died on account of the injuries sustained by her in the motor accident on 8.11.2003; the accident occurred due to the rash and negligent driving of the drivers of both the vehicles, i.e. ..... the tribunal, on a close scrutiny of the evidence led by the parties, held that the claimants' daughter ranjeet kaur died on account of the injuries sustained by her in the motor accident on 8.11.2003; the accident occurred due to rash and negligent driving of the drivers of both the vehicles, i.e. ..... this is claimants' appeal under section 173 of the motor vehicles act, 1988, for enhancement of compensation awarded by motor accident claims tribunal/additional district judge, (udham singh nagar, vide award dated 30.9.2004 passed in m.a.c.p. no. ..... 15,000 in the second schedule under section 163-a of the motor vehicles act was prescribed in the year 1994 and the accident, in the present case, took place in the year 2003. ..... 5,00,000 for her death in the motor accident on 8.11.2003, when the tractor bearing registration no ..... the accident took place on 8.11.2003 and the claim petition was filed on 23.12. .....

Kamal Jindal and ors. Vs. Vinod Kumar and ors.

Court : Uttaranchal

Reported in : 2006ACJ42

..... after discussing the entire material before it in detail, the learned tribunal came to the conclusion that the accident in question resulting into injuries and consequent death of vinod kumar jindal was caused due to rash and negligent driving of vikram tempo no. ..... it has been denied that on the alleged day and time, no accident took place due to rash and negligent driving by their driver opposite party no. ..... as regards age of the deceased, from the high school certificate, it was clear that the deceased was aged 45 years at the time of accident and the point was determined in favour of the claimants. ..... 4 was framed regarding the accident in question due to rash and negligent driving of vehicle no. ..... according to them the accident in question was the result of rash and negligent driving by opposite party no. ..... the injuries and consequent death of the deceased in the said accident has been denied. ..... the report of this accident was lodged by opposite party no. 5. ..... vinod kumar, by motor accidents claims tribunal/additional district judge, i.f.t.c. ..... up 07-j 0091 was holding valid driving licence at the time of accident. ..... 2 and 5 relating to holding of valid licence by the drivers of the vehicles involved in the accident. ..... 1 and 4 together, which related to the rash and negligent driving by the drivers of vehicles involved in the accident. ..... up 07-j 0091 resulting into motor accident. ..... the deceased was aged about 44 years at the time of accident. .....

Harima Sipal and ors. Vs. Hari Krishna Joshi and anr.

Court : Uttaranchal

Reported in : 2007ACJ1256

..... the findings of the claims tribunal, so far as the factum of accident is concerned has not been challenged either by the insurance company or any other ..... jaspal singh sustained fatal injuries in the accident and he succumbed to the injuries at the ..... 1 relates to the factum as to whether the accident occurred due to rash and negligent driving of the driver of jeep ..... they have denied that the accident had occurred due to rash and negligent driving of the vehicle in ..... undisputedly, on the date of the accident, the age of the deceased was 43 years and thus according to second schedule to the motor vehicles act, multiplier of '15' ..... an appeal against the judgment and the award dated 30.8.2003 passed by the motor accidents claims tribunal, pithoragarh (hereinafter referred to as 'the tribunal') in the motor accident claim petition no. ..... at the time of accident, he was aged about ..... 2, the tribunal has held that the accident had occurred on account of rash and negligent driving of the driver and the vehicle was insured with the insurance company at the time of the accident.7. ..... of the case giving rise to this appeal are that the petitioners filed a claim petition before the motor accidents claims tribunal, pithoragarh for grant of compensation on account of death of jas-pal singh in a motor vehicle accident. ..... (deceased) contributes his own money for which he receives the amount has no correlation to the compensation computed as against the tortfeasor for his negligence on account of the accident. .....

United India Insurance Co. Ltd. Vs. Prem Bisht and anr.

Court : Uttaranchal

Reported in : 2008ACJ1057

..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or 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.xxx xxx xxx(2) in any claim for compensation under sub-section (1), the ..... company has filed survey report and has also examined the surveyor chandra pal singh tomar as dw 1.one the basis of the evidence adduced by the claimant, the claims tribunal has held that the accident had taken place due to rash and negligent driving of jeep no. ..... the insurance company, appellant has admitted the insurance of the vehicle but it has been denied that the accident had taken place due to negligence of driver of the offending vehicle. ..... 2, filed written statement and admitted the factum of accident but denied that the accident took place due to rash and negligent driving by its driver ..... the age of the deceases at the time of accident was 32 years and thus the claims tribunal has rightly selected multiplier of 17 ..... so far as the compensation is concerned, tribunal has recorded the finding that at the time of accident the age of the deceased was 32 years. ..... therefore, deem it proper to take into consideration the erosion in the purchase value of the rupee during the period between 1994 and 2003 (the year of the accident in the present case). .....

Smt. Kola Devi Vs. New India Assurance Co. and anr.

Court : Uttaranchal

Reported in : [2007(115)FLR1088]

..... his employer did not pay any compensation for the death of kishor singh in the accident.the opposite party has admitted that the son of the claimant sri kishor singh was employed as a ..... filed a claim petition before the workmen compensation commissioner, chamoli for grant of compensation on account of death of her son in a motor vehicle accident.briefly stated the son of the claimant namely kishor singh was employed as a driver in bus no. ..... liable to pay the compensation as soon-as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. ..... that section provides that the employer shall be liable to pay compensation if 'personal injury is caused to a workman by accident arising out of and-in the course of his employment'. ..... in the instant case, the accident took place after the amendment and, therefore, the rate of 12% as fixed by ..... died in a motor vehicle accident during his employment on ..... is liable to pay compensation.parties adduced evidence and on the basis of evidence on record the commissioner has held that kishor singh was employed as a driver in the bus and he died due to accident during his employment. ..... at the time of accident the age of the deceased was 26 years and he was ..... act, there are no provisions corresponding to those in the motor vehicles act, insisting on the insurer covering the entire liability arising out of an award towards compensation to a third party arising out of a motor accident. .....

Firoj Khan Vs. Phool Singh and ors.

Court : Uttaranchal

Reported in : 2009ACJ2669

..... on the basis of the aforesaid, the claims tribunal has recorded the finding that the accident in question had taken place due to rash and negligent driving by the driver of jeep in question.12. ..... these witnesses have deposed that the accident in question had taken place due to rash and negligent driving by the driver of jeep in question. ..... up 07-j 6444 and further as to whether the accident in question had taken place due to rash and negligent driving by the jeep in question or scooter in question, the claims tribunal has relied upon the statements of irshad, i.e. ..... the claimant has become permanently disabled due to the accident and the treatment is still in progress. ..... by the present appeal, filed under section 173 of motor vehicles act, 1988, appellant has prayed for enhancement of the amount of compensation awarded by the judgment and award dated 6.6.2006 passed by motor accidents claims tribunal, dehradun in m.a.c.p. no. ..... claimant was married one month ago from the date of accident and he was aged about 22 years at the time of accident. ..... briefly stated, a motor accident claim petition no. ..... the scooterist was responsible for the accident in question. ..... and the driver was holding a valid driving licence at the time of accident. ..... the right shoulder bone of the claimant also got broken in the said accident. .....

The New India Assurance Company Limited Having Its Registered Head Off ...

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... the insurance company filed written statement before the district forum and pleaded that the insured vehicle was a goods vehicle, whereas at the time of the accident, it was carrying passengers; that since the vehicle was being used in contravention of the terms and conditions of the insurance policy as well as the provisions of the motor vehicles act, 1988 and hence the claim ..... this apart, as is stated above, the claim in the instant case was repudiated by the insurance company on the ground that at the time of the accident, the vehicle was being driven in contravention of the terms and conditions of the insurance policy as well as the provisions of the motor vehicles act, 1988. ..... 3,25,950/- with the insurance company, which was repudiated by the insurance company on the ground that at the time of the accident, the vehicle was being driven in contravention of the terms and conditions of the insurance policy as well as the provisions of the motor vehicles act, 1988. ..... in para 7 of the consumer complaint, the complainant has specifically stated that in the accident in question, the owner of the goods, his wife and child died and the driver and cleaner of the vehicle got seriously injured. ..... on receipt of the intimation regarding the accident, the insurance company had appointed rakesh sarna and company as spot surveyor, but the spot survey report is not on the record of the appeal, however, from the perusal of the impugned order passed by the .....

icici Lombard General Insurance Company Limited Having Its Registered ...

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... as is stated above, there is no dispute with regard to the fact that the vehicle was totally damaged in the accident and the loss was to be settled on total loss basis. ..... 13,11,665/- and since the vehicle met with an accident after about nine months of the insurance and hence there was no justification for deducting any amount towards depreciation. ..... 10,60,000/- towards the loss sustained by the complainant in the accident, whereas the vehicle was insured for rs. ..... hr38-a-3103 and in the said accident, two persons died at the spot and whereas two sustained grievous injuries. ..... upon intimation of the accident to the insurance company, the insurance company appointed surveyor, who visited the site and assessed the loss on total loss basis. ..... the intimation of the accident was also given to the opposite parties. ..... in the said accident, the insured vehicle was also badly damaged. ..... there is no dispute with regard to the fact that during the validity of the policy of insurance, the insured vehicle met with an accident with truck no. ..... in the said accident, two persons died at the spot and two sustained grievous injuries and the insured car was totally damaged. ..... on 19.12.2006, when the complainant was coming from fatehpur to haldwani by the insured car, the same met with an accident with truck no. ..... the vehicle was insured for the period from 03.03.2006 to 02.03.2007 and it met with an accident on 19.12.2006, i.e. ..... 6,30,000/- as cash loss settlement for the damages suffered by him in the accident. .....

Radha Devi and ors. Vs. Narayan Singh and ors.

Court : Uttaranchal

Reported in : 2005(2)AWC1369(UHC)

..... 1 was with regard to the rash and negligent driving by the driver of the vehicle and it was held that the accident had taken place due to rash and negligent driving by the driver of the jeep. ..... 3 was framed regarding valid insurance of the jeep that met with accident and both these issues were answered in affirmative and it was held that the driver of the jeep had valid driving licence and the jeep was insured with the respondent no. 2. ..... brief facts giving rise to the present appeal are that appellants filed a claim petition before the motor accident claims tribunal, champawat, for grant of compensation on account of the death of kalyan ram in a motor vehicle accident on 8.11.2002, near village gallagaon on barakot-lohaghat motor road. ..... the age of the deceased was 50 years at the time of accident and thus by applying a multiplier of 11 a compensation of rs. ..... kalyan ram sustained fatal injuries in the accident and he succumbed at the spot. ..... 1 denied that the accident was caused due to rash and negligent driving by the driver of the vehicle. ..... this is an appeal against the judgment and award dated 3.9.2004, passed by the motor accident claims tribunal, champawat.2. ..... the vehicle was being driven rashly and negligently due to which it met with accident near gallagaon. .....

New India Insurance Company Ltd. Vs. Dhanpal Singh Panwar and ors.

Court : Uttaranchal

Reported in : 2008ACJ568; AIR2007Utr18

..... the owner and driver took the plea that the deceased girl herself was responsible for the accident whereas the insurer denied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle was not holding a ..... shaila died on account of the injuries sustained by her in the accident; the accident occurred due to rash and negligent driving of the driver of the offending vehicle-tata sumo; the driver was holding a valid driving license on the date of the accident; and the insurer of the offending vehicle-tata sumo was liable to pay compensation ..... for the appellant, vehemently argued that the tribunal has erred in holding that the driver of the offending vehicle - tata sumo was holding a valid driving license on the date of the accident and in not deducting l/3rd of the notional income of rs. ..... shaila, aged about 13 years in the motor accident on 30-8-2004 when she was dashed by the offending vehicle - tata sumo ..... appeal against the award dated 28-1-2006 passed by motor accident claims tribunal, dehradun in motor accident claim case no. ..... company to establish that the license, a photo copy whereof was produced before the tribunal (the original in all probability must have been seized by the police in the criminal case relating to the accident) was fake. ..... tribunal that the appellant-insurance company could not establish its defence that the driver of the offending vehicle tata sumo was not holding a valid driving license on the date of the accident.9. .....