Judgment Search Results Home > Cases Phrase: accident Court: uttaranchal Page 12 of about 710 results (0.050 seconds)

Asha Singh and anr. Vs. Santosh Kumar and anr.

Court : Uttaranchal

Reported in : IV(2005)ACC467; 2005(2)AWC1484(UHC)

..... the learned claims tribunal after considering the evidence on record held that the accident took place due to rash and negligentdriving by the bus driver. ..... 1 santosh kumar in his written statement contended that the accident did not take place due to rash and negligent driving by the bus driver. ..... 3,000 per month as he was a driver and at the time of accident he was driving the truck of namdharl. ..... 1 was with regard as to whether the accident took place due to rash and negligent driving of the bus. ..... present appeal has been filed against the judgment and award dated 17.9.2004 passed by the motor accident claims tribunal, udham singh nagar.2. ..... the claimants filed photo copy of the driving licence of the deceased, in which his date of birth has been mentioned as 18.6.1964, therefore, he was about 39 years old at the time of accident. ..... sarbjeet singh sustained fatal injuries in the accident. ..... briefly slated the facts giving rise to the present appeal are that the claimant-appellants filed a claim petition for the grant of compensation on account of death of their son in a motor vehicle accident. .....

United India Insurance Co. Ltd. Vs. Kailash Chandra Pandey and ors.

Court : Uttaranchal

Reported in : 2007ACJ1584

..... sub-section for that employment; and(b) that the disease has arisen out of and in the course of the employment, the contracting of such disease shall be deemed to be an injury by accident within the meaning of this section:provided further that if it is proved that a workman who having served under any employer in any employment specified in part b of schedule iii or who ..... of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not resulting in death or permanent total disablement caused 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 framed ..... neither the said cause of death is covered by sub-section (1) of section 3 quoted above (as there is no injury suffered in the accident) nor the death is covered by provision contained in sub-section (2) of section 3, mentioned above, as the disease by which the deceased has died is not ..... each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment:provided that if it is proved. .....

Delhi Transport Corporation Vs. Manasvi JaIn and ors.

Court : Uttaranchal

Reported in : 2008ACJ2239

..... it has further alleged that the said accident took place due to rash and negligent driving of the deceased. ..... all these appeals arise out of same accident, therefore, i am deciding all these appeals by this common judgment. ..... it has further pleaded that the accident took place due to rashness and negligence on the part of the driver of the d.t.c. ..... on the date of the accident, hence, the liability to pay the compensation as awarded by the tribunal rests on the shoulders with the insurance company and not with the delhi transport corporation (appellant).for the reasons stated above, a.o. ..... at the time of the accident renu jain was 53 years of age and used to earn rs. ..... on the date of accident, therefore, in any case, the liability would be on the insurance company, not on the delhi transport corporation.12. ..... on the date of the accident.14. ..... on the date of the accident, i.e. .....

Kala Devi and ors. Vs. Sultan and anr.

Court : Uttaranchal

Reported in : IV(2006)ACC757

..... tribunal has rightly assessed the income of the deceased and the claimants' dependency on the material avai lable in the record.8.the finding that harish chand 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 offending vehicle are not in dispute in this appeal.9. ..... the tribunal on the evidence led by the parties held that the deceased harish chand died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driving by the driver of the offending vehicle-bus. ..... 1,50,000 was awarded as compensation to the claimants for the death of harish chand in the accident with interest @ 12% per annum from the date of application (23rd january, 1995).6. mr. ..... the driver and owner of the offending bus contested the claim and pleaded that the deceased himself was responsible for the accident and as such they are not liable to pay any compensation to the claimants.5. ..... this is claimants' appeal for enhancement of the compensation awarded by the motor accident claims tribunal/district judge, haridwar vide award dated 2nd february, 1996 passed in motor accident petition no. ..... 2 to 5, in the motor accident on 14th september, 1994 when his scooter bearing registration no. .....

Jogender Singh and anr. Vs. New India Assurance Company and anr.

Court : Uttaranchal

Reported in : II(2007)ACC442

..... this appeal is against the award dated 3rd august, 2004, passed by the motor accident claims tribunal, nainital for enhancement of the amount of award.2. ..... so far as the compensation is concerned the tribunal has recorded finding that at the time of accident the age of the deceased was 28 years. ..... on the basis of the evidence adduced by the claimants, the claims tribunal has held that the accident had taken place on 25th april, 2000 at 5.30 p.m. ..... according to the complainants at the time of accident the deceased was 26 years of age and he was earning rs. ..... in a motor accident claim case, what is important is that the compensation to be awarded by the tribunal should be just and proper compensation after taking into account all facts and circumstances of the case. ..... the accident in the present case took place in the year 2000. ..... deceased raju was aged 28 years at the time of accident. ..... the conductor of the truck also sustained injuries in the accident. ..... the claimants appellants preferred a claim petition under section 166 of the motor vehicles act, for the grant of compensation on account of the death of sri raju @ sukhwinder @ lakhvinder in a motor vehicle accident. .....

Mishri Lal Vs. Shiv Kumar Gupta and ors.

Court : Uttaranchal

Reported in : 2006ACJ1065

..... 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 this ..... the 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 sukha in a motor 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. .....

Oriental Insurance Co. Ltd. Vs. Neela Devi and anr.

Court : Uttaranchal

Reported in : IV(2005)ACC165; [2005(105)FLR215]

..... the husband of the petitioner deceased sri durga dutt was driving the truck being an employee at the time of accident, hence the petitioner is entitled to get compensation under workmen's compensation act.3. ..... the commissioner has held that as the truck was validly insured at the time of accident, hence the insurance company is liable to pay compensation to the petitioner.6. ..... therefore, on the date of accident the truck was insured with the appellant. ..... the truck has met with an accident on 2nd june, 1999 on chhinkachhina dhuwamauni road due to some mechanical fault and deceased durga dutt died instantaneously due to injuries sustained in the accident. ..... the accident had taken place on 2nd june, 1999. ..... the truck was loaded with 6 passengers at the time of accident.5. ..... neela devi has filed a claim petition under section 4 of the workmen's compensation act for grant of compensation on account of the death of her husband sri durga dutt in a motor vehicle accident. .....

National Insurance Company Ltd. Vs. Hema Sah and ors.

Court : Uttaranchal

Reported in : 3(2005)ACC437

..... however, the said amendment was not retrospective and learned tribunal, rightly refused to apply said provision, as the accident had already taken place date 18:4.1982, before the amendment, came into force. ..... this appeal, preferred under section 110-d.of motor vehicles act, 1939, is directed against judgment and award dated 2.3.1984, passed by motor accident claims tribunal/district judge, pithoragarh, whereby an amount of compensation to the tune of rs. ..... and was insured, at the time of the accident, with national insurance company. ..... prom said judgment, if is not clear if it related to accident, prior to 1.10.1982. ..... learned counsel for the appellant, argued that in view of section 95(2)(b) of motor vehicles act, 1939, the liability of insurance company is limited in respect of one accident only to rs. ..... 50,000/- in a accident and to a maximum of rs. ..... 3 mohan ram, co-passenger, travelling with the deceased has stated on oath, before the learned tribunal that the bus was being driven rashly and negligently by its driver which resulted in the accident. ..... however, they pleaded that the bus was insured with the national insurance company at the time of the accident. .....

United India Insurance Company Limited, Through Its Divisional Manager ...

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... to submit the fitness certificate of the vehicle, but he did not do so; that on investigation of the matter, it was found that the fitness of the vehicle had expired on 09.06.2007 and since on the date of the accident, the vehicle was not having a valid fitness certificate and hence the claim was not payable and was rightly repudiated vide letter dated 21.11.2008 and that there is no deficiency in service on their part. 4. ..... the said case, the fitness certificate was not renewed at the time of accident and the repudiation of the claim by the insurer was held to be justified ..... that the vehicle had no valid fitness certificate on the said date, the insurance company was not at all justified in repudiating the claim of the complainant on the ground that on the date of the accident, the vehicle was not having a valid fitness certificate. ..... of the vehicle without verifying the fact that the fitness certificate of the vehicle is valid or not and hence it can not later on repudiate the claim on the ground that on the date of the accident, the fitness certificate was not valid. ..... , before the date of the accident and that on the date of the accident, the vehicle was not having a valid fitness ..... on 13.03.2008, the insured vehicle met with an accident at a place near nakot road, nakul khal nala chowk, ..... the intimation of the accident was given by the complainant to the insurance company ..... the accident in question took place on 13.03.2008 and the vehicle was insured for the period from 15.10.2007 .....

The Oriental Insurance Company Limited Branch Office Vs. Birendra Pras ...

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... before the district forum and pleaded that the seating capacity of the vehicle was five, whereas in the accident, three persons died and four sustained injuries; that as per the registration certificate of the vehicle, the seating capacity of the vehicle was six in all including driver, whereas at the time of the accident, seven persons were sitting in the vehicle; that the claim of the complainant was rightly repudiated and that ..... person and it can not be said that the vehicle was overloaded to a huge extent and the cause of the accident can not be attributed to the overloading of the vehicle and the same is also evident from the survey report dated 31.08.2006 of sh. r.k. ..... however, since the vehicle was overloaded at the time of the accident and hence some deduction should be made from the amount found payable to the complainant and in the present case, we are of the view that deduction @15% on account of overloading of the vehicle, would be just and proper. 8. ..... however, 15% deduction has to be made from the said amount on account of overloading of the vehicle at the time of the accident and by deducting the amount of rs. ..... thus, at the time of the accident, seven persons were sitting in the vehicle. ..... on 14.07.2006, the said vehicle met with an accident at a place about 2 kms. ..... in the accident in question, three persons died and four sustained injuries. .....