Court : Uttaranchal
Reported in : 2005(2)AWC1467(UHC)
..... 2, the son of the appellant stating therein that his father was going on the motor cycle and due to the accident, he has also suffered injuries, which has resulted in the loss of efficiency to the extent of 70 per cent ..... remarked, 'the assessment of damages has never been an exact science ; it is essentially practical.the damages for vehicular accidents are in the nature of compensation in money for loss of any kind caused to any person. ..... 1 was examined, who clearly stated in his statement that due to the said accident, he has lost his promotional avenues otherwise at the time of retirement, he would have been drawing the salary of ..... relevant paragraph 9 is quoted below :'broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... principles of law on compensation for injuries were worked out in 19th century, where railways accidents were becoming common and all actions were tried by jury. ..... he has stated if he would not have met with the said accident, he would have gone to the rank of inspector with the salary ..... the findings of the claims tribunal so far as the accident is concerned, the same has not been challenged by the insurance company either by the ..... , the claim petition was filed on behalf of the appellant sri chandra pal singh rana for grant of compensation on account of the injuries sustained by the him in a motor vehicle accident occurred on 7/8th march, 2003. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005ACJ1035; AIR2004Utr36
..... in both the cases the tribunal took the view that the accident took place due to rash and negligent driving by the driver of the bus owned by gyan singh. ..... being aggrieved by the award dated 6th may 1995 passed by motor accident claims tribunal/iiird additional district judge, nainital in mact case no. ..... 542 of 1991 by motor accident claims tribunal hereinafter referred to for the sake of brevity as the tribunal). ..... the couple was driving in the same vehicle on 16th july 1991 when the accident took place. ..... the accident was the result of actionable negligence on the part of the driver of the bus. ..... the accident took place on 19th february 1984. ..... the accident took place. at 8:40 a.m. ..... he contended that even the photocopy of the cover indicated that the policy had lapsed on the date of the accident. ..... in both the cases the tribunal took the view that the claimants had failed to prove that on the date of the accident, i.e. ..... the couple had two minor children apurva (age 11 years) and aditya (age 6 years) on the date of the accident. dr. ..... archana singhal was 36 years of age on the date of accident i.e. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 3(2005)ACC611
..... in both the cases the tribunal took the view that the, accident took place due to rash and negligent driving by the driver of the bus owned by gyan singh. ..... being aggrieved by the award dated 6.5.1995 passed by the motor accident claims tribunal/third additional district judge, nainital, in m.a.c.t. ..... 542 of 1991 by motor accident claims tribunal (hereinafter referred to for the sake of brevity as 'the tribunal')- in the petition filed by kulbhushan singhal and others as legal representatives of their son dr. ..... the couple was driving in the same vehicle on 16.7.1991 when the accident took place. ..... the accident was the result of actionable negligence on the part of the driver of the bus. ..... the accident took place on 19.2.1984. ..... the accident took place. at 8.40 a.m. ..... he contended that even the photocopy of the cover indicated that the policy had lapsed on the date of the accident. ..... in both the cases the tribunal took the view that the claimants had failed to prove that on the date of the accident, i.e. ..... the couple had two minor children apurva (age 11 years) and aditya (age 6 years) on the date of accident. dr. ..... archana singhal was 36 years of age on the date of accident, i.e. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2034
..... the age of the claimant was about 51 years at the time of the accident, therefore, keeping in view the age of the claimant-appellant, learned tribunal has adopted just and proper multiplier of '11' in this case ..... as far as the driving licence of the driver is concerned, it is evident from the record that the driver was having valid driving licence at the time of the accident and the insurance company could not adduce any evidence before the court below in order to show that the driver of the truck involved in the accident was either having fake or invalid driving licence. ..... the assessment of the evidence on record clearly shows that the accident took place on account of rash and negligent driving of truck no ..... the petitioner also pleaded that at the time of the accident the age of the deceased anish ahmad was 25 years and he was vegetable vendor, from which he was earning rs ..... the learned tribunal on assessment of evidence on record and after hearing the parties came to the conclusion that the driver of the truck was driving it rashly and negligently and the accident took place due to his fault. ..... the first information report of the accident was lodged on the same date at p.s ..... anish ahmad sustained injuries in this accident and he died at the spot. ..... the impugned judgment and award dated 13.5.2002 passed by learned motor accidents claims tribunal/second f.t.c./ a.d.j. ..... aforesaid appeals emerge out from the judgment and award dated 13.5.2002 passed by the motor accidents claims tribunal/a.d.j. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC597
..... the learned tribunal framed necessary issues in the case and after recording the evidence led by the parties and perusing the same, it was concluded that the accident occurred due to rash and negligent driving by the driver of the jeep in question and it was held that the driver as well as owner of the ..... in the claim petition and in additional pleas, it was asserted that there was no negligence on the part of the driver of the jeep, rather the accident took place due to heavy rains and dense fog at the spot as a result thereof, the jeep fell in the khad. ..... written statement and asserted that the vehicle was comprehensively insured by the insurance company towards third party accident and damages to property but it did not cover the passengers, therefore, the insurer is not liable ..... the learned counsel for appellants that there is no evidence to show that the driver of the jeep was in any way negligent in driving the vehicle, rather the accident occurred due to bad slippery condition of the road due to rains and fog. ..... counsel for the claimant-respondents have urged that the learned tribunal on the point of negligence had recorded a concrete finding and accordingly held that the accident occurred due to sole negligence on the part of the driver of the jeep.9. ..... motor vehicles act, 1939 (for short the act) has been preferred against the judgment and order dated 13th february, 1984 passed by the motor accident claims tribunal/district judge, tehri garhwal (in short the tribunal) in m.a.c. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC98; 2008ACJ1120
..... that though there were several passengers travelling in the bus, but none of them has been produced to give ocular account of the said accident to testify that the bus was being driven rashly and negligently by its driver. ..... she has also admitted that she was informed of the accident by someone; but neither she could name the said person nor has produced him for the reasons best known to ..... the tribunal has further observed that since the alleged accident was not a result of rash and negligent driving by the driver of the bus, therefore, the claimant/respondent ..... rastogi, the then district judge/motor accident claims tribunal, chamoli (in short the tribunal), whereby the learned tribunal has allowed the claim petition and awarded ..... it is also alleged that had the accident not occurred, the deceased would have served the department for 17 years more and he would have spared amount of ..... though according to the claimants/respondents themselves the bus was over-crowded and full of passengers; but the claimants could not produce even a single person to give the ocular version of the alleged accident before the tribunal. ..... eye-witness of the accident was produced before the ..... was also pleaded that the insurance company was informed about the accident on 14th june, 1995.4. ..... learned tribunal, undisputedly the deceased died as a result offal i from the roof of the bus, but there was nothing on record to indicate that due to sudden and faulty application of brakes, the said accident took place. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC275
..... have considered the evidence on the record and have come to the conclusion as per findings of the tribunal that the accident had occurred on account of the rash and negligent driving of the truck. ..... 05-0174, which was being driven rashly and negligently met with accident and over-turned and due to the strike by the truck, the deceased fell down into the river and ultimately died ..... res ipsa loquitur fully applies to the facts of the case that the accident had occurred due to rash and negligent driving of the driver, who was driving the vehicle in such a manner that the said vehicle has over-turned and the pedestrian was made a tool of the vehicle and by the same accident, he went into the river and then he died.17. ..... as well as from the statement of sri rajnish kumar mittal dw2 that the accident had occurred due to rash and negligent driving of the driver.14. ..... the tribunal has also recorded a finding that at the time of accident, the driver had a valid driving licence and terms and policy of the insurance have not been ..... and 3 related to the factum of the accident having occurred from truck no. u.p. ..... is an appeal filed by the appellant the new india assurance company h challenging the award dated 24.7.2004 by which the motor accident claims tribunal awarded a sum of rs. ..... at the time of the accident the age of the deceased was 40 ..... at the time of the accident the deceased was aged about 40 ..... defendant no.1 insurance company has filed a written statement, where the factum of accident was denied. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2009Utr49
..... has also invited my attention towards the provision of section 147(2), which reads as follows:147(2) -- subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely--(a) save as provided in clause (b), the amount of liability incurred,(b) in respect of damage to any property of a third party, a limit of rupees six thousand:provided that any policy of insurance issued with any ..... section 165 of the motor vehicles act says that the state government by way of notification in the official gazette constitute the motor accident claim tribunal for the purpose of the death of, or bodily injury, to persons, arising out of the use of the motor vehicles, or damages to any property of a third party so arising, or both ..... this aforesaid provision clearly indicates that the tribunal shall award the compensation in respect of the accident involving the death or bodily injury to a person arising out of the use of the motor ..... learned counsel for the appellant has invited my attention towards various provisions of the motor vehicles act, 1988, which envisage that the compensation shall be awarded in respect of accident involving the death of, or bodily injury to, persons arising out of the use of the motor vehicles. ..... further indicates that the compensation shall also be awarded in respect of the accident involving the damages to any property of the third party.13. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC666
..... contended that the insurance company has taken the premium for obtaining an additional risk of the personal accident in policy, as such the company is liable to pay the compensation to the claimants. ..... contended that the trial court has erred in holding that the deceased was not holding the licence at the time of accident and the insurance company is not liable for payment of compensation.6. ..... was further contended that on the date of accident the personal accident of the owner of the vehicle was not ..... been filed by the claimants under section 173 of the motor vehicles act, 1988 against the judgment and order dated 10.7.2003 passed by motor accident claims tribunal/district judge, nainital in claim petition no. ..... party/insurance company contested the case before the motor accident claims tribunal (hereinafter referred to as the tribunal) ..... clearly held that an owner of a vehicle can only claim provided a personal accident insurance has been taken out. ..... years old at the time of accident and was government contractor. ..... assurance company limited, by which the claim petition was dismissed by the motor accident claims tribunal.2. ..... of the insurance policy the insurance company cannot be held liable for payment of compensation to the owner of the vehicle who himself was driving the vehicle at the time of accident. ..... on the ground that the deceased does not come within the category of third party risk because he was owner of the vehicle and he himself was driving the vehicle at the time of accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)ACC826
..... in thf appeal before this court, the judgment and award passed by the claims tribunal has been assailed on the limited ground that at the time of accident the driver m the bus in question has a valid driving licence. ..... the claims tribunal has held that the accident was caused due to rash and negligent driving of bus no ..... the injured or relatives of person killed in the accident may find that the decree obtained by them is only a paper decree as the owner is a man of straw ..... judgment and award dated 20.11.2003 passed by the motor accident claims tribunal, hardwar is set aside. ..... that in order to avoid liability it is not sufficient to show that the person driving at the time of accident was not duly licensed. ..... the deceased sustained fatal injuries in the accident and succumbed instantaneously. ..... patni, counsel for the insurance company, has submitted that since the licence has been filed in appeal, it requires scrutiny by the claims tribunal concerned and the case should be remanded back to the motor accident claims tribunal.9. ..... (3) whether the accident was caused due to mechanical failure of the bus ..... on the pleadings of the parties the following issues were framed:(1) whether the deceased nitin died due to the accident involving bus no. ..... to take an example, suppose a vehicle is stolen while it is being driven by the thief there is an accident. ..... stated the facts giving rise to the present appeal are that claimants filed a claim petition on account of the death of nitin in a motor vehicle accident. .....
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