Court : Uttaranchal
Reported in : 2005(4)AWC3111(UHC)
..... the vehicle in question was duly insured with the insurance company as will appear from the cover note of the insurance policy and at the time of the accident the vehicle in question was duly insured so as to reimburse the amount of compensation from the insurance company. ..... we have perused the record of the case and from the perusal of the record shows that at the time of accident, the deceased was aged about 20 years and he was earning a sum of rs. ..... on 12th october, 2000, the said truck met with an accident near saitoli while going to ghat from nand prayag. ..... we therefore, have no hesitation to confirm the findings of the workmen compensation commissioner so far as the age of the deceased and the lacturn of accident with vehicle no. u.p. ..... in this accident virendra singh, the son of the claimant sustained grievous injuries and was treated in the primary health centre, ghat for first-aid and (hereafter he was admitted to the district hospital, gopeshwar and after .....
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)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 : 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)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 : I(2004)ACC195; 2005ACJ517
..... (sc), it has been held as under:'according to us, in its wisdom parliament rightly thought that prescribing a period of limitation and restricting the power of tribunal to entertain any claim petition beyond twelve months from the date of the accident was harsh, inequitable and in many cases was likely to cause injustice to the claimants. ..... this appeal has been filed by the claimants against the order dated 22.12.1981 passed by motor accidents claims tribunal, pithoragarh, rejecting the application under section 5 of limitation act.2. ..... the motor accidents claims tribunal is directed to decide the petition within three months after filing of the certified copy of the order. ..... motor accidents claims tribunal, 1989 acj 181 (kerala), it was held that even in the absence of a provision in procedural laws, power inheres in every tribunal, of a judicial or quasi-judicial character, to adopt modalities necessary to achieve requirements of natural justice .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr18
cyriac joseph, c.j.1. the petitioner is holder of a licence issued under the u. p. establishment and regulation of saw mills rules, 1978. the licence was originally issued in the name of sri abdul rashid s/o sri abdul hakim, r/o bhawaniganj, ram nagar, district nainital. as per annexure 5 order dated 22-2-2000 of the principal chief conservator of forest, uttar pradesh, permission was granted to transfer the licence in the name of the petitioner and to relocate the saw mill at lakri mandi, amritpur, district udham singh nagar. on the basis of the said permission, the petitioner has been operating the saw mill at lakri mandi, amritpur in udham singh nagar. suddenly, the petitioner received annexure-i letter dated 16-9-2005 from the principal chief conservator of forest, uttaranchal stating that the petitioner's saw mill is located within 10 kms. at an approximate aerial distance of 4 kms. from the boundary of the forest and that such location of the saw mill is against the order dated 5-5-1998 passed by the hon'ble supreme court in interim application no. 385/1997 in. writ petition no. 202/95 and also against the terms and conditions regarding relocation of saw mill in the order dated 22 2-2000 of the principal chief conservator of forest. the petitioner was also directed to relocate his saw mill beyond an aerial distance of 10 kms. from the boundary of the forest within 10 days failing which the permission granted in the order dated 22-2-2000 would be cancelled. the .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC647; 2007ACJ1317
..... the matter is remanded to motor accidents claims tribunal/ district judge, nainital, for decision afresh on merits on issue nos. ..... mangal singh by the motor accidents claims tribunal/district judge, nainital (hereinafter referred to as 'the tribunal'), whereby the learned tribunal dismissed the claim petition filed by the claimant-appellant.2. ..... 'death' in workmen's compensation act is applicable to the interpretation of the word 'death' in motor vehicles act--held: yes; objects of the two acts are not in any way different; both acts provide compensation to the victims of accidents. 14. ..... it was pleaded that the truck was duly insured on the date of accident.4. o.p. no. .....
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 : AIR2006Utr64
cyriac joseph, c.j.1. the petitioner is a permanent resident of district muzzafarnagar in the state of u.p. he applied for admission to the undergraduate programme (b.v.sc. and a.h.) of the g. b. pant university of agriculture and technology. pant nagar (hereinafter referred to as the university) for the year 2003-2004. he appeared in the entrance examination conducted by the university on 15-6-2003. he secured 428 out of 600 marks and his rank in the composite merit list was 27. he was called for counselling held on 26-7-2003. he was admitted to the b.v.sc. and a.h. degree course against 'payment scat'. on account of his admission against a payment seat, he was required to pay a sum of rs. 1.00.000/- in addition to other university-fees. he made all the required payments and got admitted to the course for the year 2003-2004.2. according to the distribution of seats stated in the prospectus 2003-2004 issued by the university, 20% of the sanctioned seats, after allocation of seats to i.c.a.r./v.c.i in all undergraduate (except b. tech.), master's and ph.d. programmes, were 'payment seats'. the candidates desirous of seeking admission against payment seats were required to appear in the entrance examination and qualify as per requirement, to a degree programme in which they sought admission. academic eligibility qualification for such candidates would be the same as for general candidates seeking admission through entrance examination. the programme would be allotted to them as .....
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