Judgment Search Results Home > Cases Phrase: accident Court: uttaranchal Page 11 of about 710 results (0.004 seconds)

Satnam Singh Vs. Maya Devi and ors.

Court : Uttaranchal

Reported in : III(2005)ACC701; 2005ACJ1782

..... now, the question is that which of the vehicles involved in the accident are responsible for the accident and who is liable to make the payment of compensation and to what amount? ..... has filed its own written statement denying the contents of the claim petition with additional pleas that no information of the accident was provided to it under section 158(6) of the motor vehicles act, 1988. ..... up 04-a 0574 is alone liable to make the payment of said amount for the reason that the impugned accident is a clear case of contributory negligence. ..... 232 of 2002 before motor accidents claims tribunal at udham singh nagar. ..... this appeal, preferred under section 173 of motor vehicles act, 1988, is directed against the judgment/ award dated 15.6.2004 passed by motor accidents claims tribunal/district judge, udham singh nagar, whereby in motor accident claim petition no. ..... 68-c/6 and 68-c/7, it is proved on the record that rajesh kumar died in a road accident on 24.5.2002. ..... 3,10,5 per month at the time of the accident. ..... uhj 9049 was insured, has pleaded that the terms of the policy disentitled the owner to be compensated by the insurance company in the impugned accident. ..... it is further alleged that, even otherwise the motorcyclist had a contributory negligence in the accident. .....

Janardan Vs. Lila Rani Bakshi and 5 ors.

Court : Uttaranchal

Reported in : I(2007)ACC253

..... against the driver, his handing over to the custody of the police soon after the accident coupled with the testimony of eye-witnesses lead to only inference that the driver of the truck in question was sole responsible. ..... appeal by the owner of the vehicle, under section 110d of the motor vehicles act, 1939 (for short the old act) is directed against the judgment and award dated 30.6.1982 passed by the then motor accident claims tribunal/i additional district judge, nainital (for short the tribunal) passed in claim petition no. ..... at the outset, it may be mentioned that the owner has admitted the accident and has raised the plea that it was the deceased himself, who was driving his motor bike rashly and negligently. ..... the owner-appellant resisted the petition and denied the accident as result of rash and negligent driving, rather it was asserted that the accident occurred due to own negligence of the deceased. ..... 13,50,000 for the death of ravinder nath bakshi in a vehicular accident which occurred on 3.7.1979 between kashipur and ramnagar near village pratappur involving truck no. ..... 6, held that the accident resulting into fatal injuries to the deceased ravinder nath bakshi was caused due to rash and negligent driving by the driver of the offending truck no, utf-3744 alone. ..... of the accident was also lodged with the police and the driver of the offending truck was also apprehended by the witnesses and given in the custody of the police. ..... for the accident. .....

Oriental Insurance Company Ltd. Vs. Maan Bahadur and anr.

Court : Uttaranchal

Reported in : II(2007)ACC738

..... the tribunal, on the evidence led by the parties, held that claimant maan bahadur suffered injuries in the accident; the accident took place on account of rash and negligent driving of the driver of the offending vehicle truck bearing registration no. ..... considering the evidence led by the claimant in regard to the injuries suffered by him in the accident and the amount spent on treatment, the tribunal awarded compensation of rs. ..... 8,04,000 for the injuries sustained by him in the accident, which took place on 7.2.1999, when the offending vehicle truck bearing registration no. ..... up 07b - 1005 met with an accident resulting in serious injuries to claimant maan bahadur.5. ..... this is insurer's appeal against the award dated 25.2.2005 passed by motor accident claims tribunal/district judge, pauri garhwal in motor accident claim petition no. ..... we, therefore, dismiss the appeal filed by the appellant insurance company under section 173 of the act against the impugned award dated 25.2.2005 passed in motor accident claim petition no. ..... the insurance company even disputed the accident itself.6. .....

Ali Raza and anr. Vs. Bishan Singh Aithani and anr.

Court : Uttaranchal

Reported in : 2008ACJ124

..... the tribunal, on the evidence led by the parties, held that deceased sabir saifi sustained injuries in the motor accident on 16.9.2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle, jeep; and the insurer of the jeep was liable to pay compensation to the ..... the owner denied his liability to pay compensation to the claimants on the plea that the accident occurred on account of negligence of the motorcyclist, whereas the insurer of the jeep denied its liability to pay compensation on the plea that the jeep was being plied in breach of the policy conditions and the driver ..... is so because deceased sabir saifi, who was aged about 25 years, was unmarried on the date of the accident and would have got married soon. ..... 11,52,600 for his death in the motor accident on 16.9.2005, when he was dashed by the offending vehicle, jeep bearing registration ..... is claimants' appeal seeking enhancement of the compensation awarded by the motor accidents claims tribunal/additional district judge, haldwani vide award dated 10.5.2006 passed in motor accident claim case no. ..... that apart, in a motor accident case 1 what is important is that the amount awarded as compensation, should be just and proper in the facts and circumstances of a given ..... of learned counsel for the appellants in regard to the conditional payment of interest also deserves an outright rejection as claims tribunal has decided the claim petition within a period of 8 months of the accident.13. .....

Rajiv Rawal and anr. Vs. Man Singh and ors.

Court : Uttaranchal

Reported in : 2008ACJ399

..... tribunal, on a close scrutiny of the evidence led by the parties, held that deceased ritu rawal died on account of the injuries sustained by her in the motor accident on 16.1.2003; the accident occurred due to rash and negligent driving of the driver of the bus; and the insurer of the bus was liable to pay compensation to the claimants.6. ..... the findings recorded by the claims tribunal that deceased ritu rawal died on account of the injuries sustained by her in the motor accident on 16.1.2003; accident occurred due to rash and negligent driving of the driver of the bus; and the insurer of the bus was liable to pay compensation to the claimants, have now attained finality as the respondents have not ..... rajeev gupta, c.j.v this is claimants' appeal for enhancement of the compensation awarded by motor accidents claims tribunal/additional district judge, udham singh nagar vide award dated 3.1.2005 passed in m.a.c.p. ..... 44,67,000 for her death in the motor accident on 16.1.2003, when the cycle-rickshaw, in which she was going to her school, was dashed by offending vehicle, bus bearing registration ..... in a motor accident claim case, what is important is that the compensation to be awarded by the tribunal/court should be just and proper compensation in the facts and circumstances of the ..... as compensation to the claimants for the death of ritu rawal in the motor accident. ..... owner and the driver took the plea that rickshaw puller himself was negligent and as such, was responsible for the accident. .....

Oriental Insurance Co. Ltd. Vs. Nafis Ahmad and ors.

Court : Uttaranchal

Reported in : III(2005)ACC107; 2006ACJ2375

..... are reproduced below:(39) thus, a person whose licence is ordinarily renewed in terms of the motor vehicles act and the rules framed thereunder despite the fact that during the interregnum period, namely, when the accident took place and the date of expiry of the licence, he did not have a valid licence, he could during the prescribed period apply for renewal thereof and could obtain the same automatically without undergoing ..... , rampur to show that the driving licence of the driver was valid for the period from 28.1.1990 to 27.1.2001 and the accident occurred on 1.3.2001, then there was full opportunity to the appellant to have obtained a report from the concerned licensing authority to the effect that the driver of the offending vehicle had not applied for renewal of ..... it has been vehemently argued before us on behalf of the appellant that the driver of the bus involved in the accident was not holding a valid and effective driving licence on the date of accident and that the quantum of compensation is excessive, therefore, the findings of the claims tribunal are perverse. ..... company, after satisfying the entire amount under the impugned award in the executing court, may, if it so desires, file objections on the point that the driver of the offending vehicle was delicensed on the date of accident and to show that there has been breach of policy conditions as held by the hon'ble apex court. ..... quamar jahan hashami, by the motor accidents clamis tribunal/ additional district judge, i .....

National Insurance Co. Ltd. Vs. Chandra Bisht and ors.

Court : Uttaranchal

Reported in : III(2005)ACC855; 2006ACJ2663

..... the injured who sustained injuries and dependants of the deceased who died in this accident filed above claim petitions before the tribunal in different districts for compensation which were ..... present case, admittedly, the permit of the vehicle was granted for the use of carrying passengers and the accident took place when the vehicle was carrying the passengers. ..... 47) have been preferred against the one and common judgment dated 19.9.2003 passed by the motor accidents claims tribunal/district judge, nainital in claim petitions (leading case no. ..... 502, 498 and 495 of 2003, respectively the motor accidents claims tribunal, nainital (hereinafter referred to as 'the tribunal') has not granted interest on the amount ..... 44) have been preferred against the separate judgment and awards dated 24.8.2002 passed by the motor accidents claims tribunal/district judge, almora in claim petition nos. ..... 8221 and also did not deny the accident on the aforesaid date, time and place ..... 31) have been preferred against the one and common judgment dated 27.8.2002 passed by motor accidents claims tribunal/second fast track court, nainital in motor accident claim petitions (leading case no. ..... 16) against the one and common judgment dated 18.6.2002 passed by the motor accidents claims tribunal/ second fast track court, nainital in the motor accident claim petitions (leading case no. ..... alleged that the said bus was being driven by its driver cautiously by following traffic rules and accident occurred due to mechanical fault. .....

Gambhir Singh Vs. Shiv Kumar Gupta and ors.

Court : Uttaranchal

Reported in : 2009ACJ1966

..... to any property of a third party so arising, or both, could 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 case may be. ..... do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even ..... section is sub-section (4) which provides that 'the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under ..... present appeal are that the appellant has filed a claim petition before the motor accidents claims tribunal, chamoli for grant of compensation on account of death of lalji ram in a motor vehicle accident on 31.7.1986 at 12 noon near hanuman chatti, district chamoli garhwal, involving bus ..... was paid under public welfare and social security scheme of the government and as such the ex gratia payment cannot be deducted from the amount of compensation awarded by the motor accidents claims tribunal, as held by the apex court in united india insurance co. .....

Smt. Tripta Sunita Singh and ors. Vs. Habil D. Singh and anr.

Court : Uttaranchal

Reported in : [2007(114)FLR1181]

..... not be so liable-(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 1 [three] days;(b) in respect of any 2[injury/ not resulting in death 3[or permanent total disablement] cause by] an accident which is directly attributable to-(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly trained, for the purpose of securing ..... counsel for the appellants has submitted that the workmen compensation commissioner has erred in by holding that at the time of accident the deceased was not performing his duty and he was not employed with the respondent no. 1. ..... up 03/0057 was insured with the united india insurance company at the time of accident and all the papers of the vehicle were valid?4. ..... on 12.3.1993 the vehicle met with accident and rolled into the khadd between tejam and kweeti. ..... sri hemant sustained fatal injuries in the accident and he died at the spot. ..... 1 habil singh and died due to accident during his employment?2. ..... 1 has admitted the factum of accident. ..... claimant appellants filed a claim petition under workmen compensation act, for the grant of compensation on account of the death of her husband late hemant singh in an accident. .....

The New India Assurance Company Limited and Others Vs. Manvar Singh As ...

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... bhim singh bisht, who was driving the vehicle at the time of the accident and the insurance company has not been able to prove that there was no depiction of mark of l? ..... there is also no dispute with regard to the fact that at the time of the accident, the complainant, who was holding a valid and effective driving licence to drive the vehicle in question, was sitting along with sh. ..... by the said vehicle, gas cylinders were transported from haridwar to karanprayag and on 23.04.2006, after unloading the gas cylinders, when the truck was coming back to the gas plant at bahadarabad, haridwar, it met with an accident with another truck bearing no. ..... in the said accident, the insured truck was damaged and the complainant as well as sh. ..... the accident in question took place on 23.04.2006. ..... bhim singh bisht, who was driving the vehicle at the time of the accident. ..... bhim singh bisht and they both sustained injuries in the accident. 7. ..... there is no dispute with regard to the fact that on the date of the accident sh. ..... a learning driving licence only in respect of heavy transport vehicle; that there was violation of the provisions of section 3 of the motor vehicles act, 1988; that on investigation of the matter, it was found that at the time of the accident, sh. .....