Court : Uttaranchal
Reported in : 2006ACJ222
..... the amount in deposit with this court be remitted to the motor accidents claims tribunal concerned, for being paid to the claimants. ..... aggrieved, the insurance company, appellant, has come up in appeal for setting aside the impugned judgment and award passed by the learned tribunal mainly on the ground that the driver of the vehicle involved in the accident was not holding a valid driving licence nor he was appointed as such by the insured and that the vehicle involved in the accident was not legally transferred in the name of r.p. ..... all these appeals arise out of the same motor accident and out of the common judgment and award passed by the claims tribunal and similar questions are involved for determination in these appeals, therefore, all the cases are being disposed of by this common judgment.2. ..... 1 that the motor accident resulting into injuries and consequent death of the deceased was caused due to rash and negligent driving of the driver of ill-fated car, rajeev kumar agrawal. ..... , by the motor accidents claims tribunal/district judge, nainital (in short 'the tribunal'), whereby learned tribunal has allowed the claim petition and has awarded rs. ..... of the opposite parties including the appellant has said a single word that deceased persons forcibly took possession of the ill-fated maruti car or that they were gratuitous passengers in the vehicle involved in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC14
..... the claims tribunal framed as many as four issues and after considering the evidence on record has held that the accident took place due to rash and negligent driving by the truck driver. ..... opposite parties have filed written statement and denied that the accident had taken place due to rash and negligent driving by the truck driver. ..... 2 the claim tribunal has held that the union of india is the owner of the truck involved in the accident and as such union of india is liable to pay compensation to the claimants. ..... 5 nakul bhaskar the claims tribunal has held that the accident took place due to rash and negligent driving by the truck driver. ..... due to the injuries sustained in the accident ghanshyam singh and govind singh had expired and diwan singh sustained grievous injuries. ..... both these appeals arising out of the same judgment and award passed by the motor accident claims tribunal, dehradun in case nos. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr30
..... the learned trial court after appraisal of the evidence came to the conclusion that the accident was not caused due to the rash and negligent driving of the offending truck and dismissed the claim petition.5. ..... the claim petition had been contested by the owner, driver and the insurer of the offending truck and they had alleged that there was no negligence on the part of the offending truck and the accident was the result of the own negligence of the deceased. ..... i view of the above, 1 am completely in agreement with the findings recorded by the learned iii additional district judge, nainital in motor accident claim no. ..... this appeal has been preferred against the judgment and order dated 5-5-1980 passed by sri naseem uddin, the then iii additional district judge, nainital in motor accident claim no. ..... the age of the deceased tula ram had been stated to be 40 years at the time of accident.3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC489; [2005(106)FLR305]
..... the moot question is whether the insurance coverage as available to the insured employer-owners of the motor vehicle in relation to their liabilities under the workmen's compensation act on account of motor accident injuries caused to their workmen would include additional statutory liability foisted on the insured employers under section 4a(3) of the compensation act.on a conjoint operation of the relevant schemes of the aforesaid twin acts, in our view, there is no ..... as we have noted earlier the liability to pay compensation under the workmen's compensation act gets foisted on the employer provided it is shown that the workman concerned suffered from personal injury, fatal or otherwise, by any motor accident arising out of and in the course of his employment. ..... 1, 2 and 3 relate to the factum of the accident and as to whether the vehicle in question was duly insured with the insurance company so as to indemnify the same by the insurance company.6. ..... as soon as the jeep reached mitarigaon, the jeep met with an accident and her husband died instantaneously. ..... all these provisions represent a well-knit scheme for computing the statutory liability of the employer in cases of such accidents to their workmen. ..... such an accident is also covered by the statutory coverage contemplated by section 147 of the motor vehicles act read with the identical provisions under the very contracts of insurance reflected by the policy which would make the insurance .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008(116)FLR355]; (2008)IILLJ47UC
..... he died in an accident during the course of his employment. ..... the commissioner has awarded 8% interest from the date of filing of the claim petition while it should be @ 12% per annum from the date of accident. ..... , filed its written statement and admitted the alleged accident. ..... 1 and 2 have filed a claim petition under workmen compensation act, for the grant of compensation on account of the death of their son saman ali in an accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC428; 2006ACJ302
..... 2 also contested the claim petition on the ground that the vehicle was not plying with the valid papers at the time of the accident; the conditions mentioned in the policy were violated, but it was not denied that the vehicle was insured with it.5. ..... this appeal preferred under section 173 of motor vehicles act, 1988 is directed against the judgment and order dated 7.3.2003 passed by learned presiding officer of the motor accidents claims tribunal/district judge, pithora-garh, whereby an amount of rs. ..... bus was driven rashly and negligently by its driver at the time of the accident in which faqeer singh died.6. ..... 2 at the time of the accident.4. ..... faqeer singh died in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC287; 2006ACJ357
..... learned tribunal, after framing necessary issues, recording of evidence thereon and hearing the parties, came to the conclusion that the accident took place due to rash and negligent driving on the part of the driver of the truck in question and since the vehicle was insured with new india assurance co. ..... opposite parties suresh pal, chandra pal and banney filed their joint written statement in which factum relating to accident was admitted but allegation as to rash and negligent driving is denied and it is pleaded by them that the vehicle was insured with new india assurance co. ..... up 07-e 6666 on his way from delhi to haridwar when it met with an accident near village mandawali with a truck in which sodhi received serious injuries and due to which he succumbed to his injuries in the hospital. ..... these appeals preferred under section 173 of the motor vehicles act, 1988, are directed against the judgment/award dated 10.9.2003 passed by the motor accidents claims tribunal/addl. ..... accordingly, we partly allow the appeal of the insurance company and set aside the judgment and award dated 10.9.2003 passed in motor accidents claims case no. ..... on the date of the accident.5. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC81; 2006ACJ519
..... , in its written statement, has pleaded that it was not informed of the accident, as required under section 158(6) of the motor vehicles act, 1988. ..... this appeal, preferred under section 173 of motor vehicles act, 1988, is directed against the judgment and award dated 3.9.2004, passed by motor accidents claims tribunal/ii fast track court, nainital, whereby rs. ..... up 02-d 2933, he met with an accident, as the motor cycle fell down in a deep gorge, near village, talli mangoli in which vikrant pande died on the spot while ajay singh bisht, succumbed to the injuries, received in the accident on 29.12.2000 at delhi, where the post-mortem of his body was conducted. ..... , with whom the vehicle was insured at the time of the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC820; 2007ACJ692
..... 4 the tribunal recorded its finding that the accident in question had taken place and had also held that the deceased was 52-53 years old at the time of her death. ..... the death of nirmala devi occurred in the accident, which took place on 4.6.2001 at about 11 a.m. ..... this appeal has been preferred under section 173 of motor vehicles act, 1988 against the judgment and award dated 31.5.2003 passed by motor accidents claims tribunal/additional district judge, hardwar in motor accident claim case no. ..... the occurrence of accident is proved. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(115)FLR476]
..... briefly slated the appellant habib ahmed has filed the claim petition for the grant of compensation on account of the death of his son akiz ahmed in an accident, who was employed as mason and constructing the house of umesh chandra srivastnva. ..... the alleged accident occurred due to the own negligence of the deceased and he did not care the electricity line. ..... 89,084/- as compensation along with interest @ 6% per annum from the date of accident.3. .....
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