Court : Uttaranchal
Reported in : 2008ACJ2251
..... before the 'tribunal' and alleged that the driver of the tractor in question was driving it on wrong side and the accident had occurred due to own fault of its driver as he did not stop the tractor at the spot. ..... this witness has deposed that on the date and time of the accident he along with his friend amarjeet was going to bazpur from rudrapur and when they reached at mehtosh moar, his friend amar singh went to toilet and he was standing near the motor cycle ..... it is also important to mention here that report of the accident was lodged at the police station and after investigation charge-sheet was submitted against the driver of the tractor-trolley in ..... the jeep had no concern with the accident, therefore, the tribunal was justified in holding the sole responsibility of the insurer of the tractor ..... up 04-a 7437 form pant nagar to bazpur, the accident has occurred at mehtosh moar, due to rash and negligent driving of the driver of tractor-trolley ..... has firstly submitted that the accident occurred due to contributory negligence of the jeep as well as the tractor-trolley but the owner and the insurer of the jeep have not been made parties to the claim petition, therefore, the claim ..... he alleged that the accident occurred due to own fault of the ..... the information of the accident was sent to the police station, bazpur on 11.10. ..... at the time of accident and it had valid registration, driving licence, ..... 04-a 7437 drove the vehicle on the wrong side due to which the accident has occurred? .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2335
..... 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 jeep in question and it was held that the driver as well as owner of ..... 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. ..... the motor vehicles act, 1939 (for short 'the act') has been preferred against the judgment and order dated 13.2.1984 passed by the motor accidents claims tribunal-cum-district judge, tehri, garhwal (hereafter in short 'the tribunal') in m.a.c. ..... counsel for claimants-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. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ1961
..... 1 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 her. ..... 4, the tribunal has observed that since the alleged accident was not a result of rash and negligent driving by the driver of the bus, therefore, claimants are not entitled to any compensation under section 166 of the motor vehicles act. ..... rastogi, the then district judge/motor accidents claims tribunal, chamoli (in short 'the tribunal'), whereby learned tribunal has allowed the claim petition and awarded rs. ..... 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 rs. ..... bus rashly and negligently, though, according to claimants-appellants themselves the bus was overcrowded and full of passengers; but the claimants could not produce even a single person to give ocular version of the alleged accident before the claims tribunal. ..... according to learned tribunal, undisputedly the deceased died as a result of fall 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(2005)ACC239
..... they have admitted the death of sri mohan lal juyal in motor vehicle accident but have denied that the accident took place due to rash and negligent driving by the rider of motor cycle or by the driver of the truck. ..... on the pleadings of the parties the following issues were framed:(1) whether the accident, if any, took place due to negligent and rash driving of truck driver? ..... rise to the present appeal are that the appellants-petitioner have filed a claim petition under section 110 of motor vehicles act, for grant of compensation on account of death of sri mohan lal juyal in a motor vehicle accident, the petitioners have stated that on 14th december, 1984 at about 1.40 p.m. ..... 1 and 2 learned claims tribunal has held that the accident took place due to rash and negligent driving by the driver of the truck as well as by the rider of motorcycle and both issues were decided in favour of the petitioners and against the respondents.6. ..... this is an appeal against the judgment and award dated 27th october, 1987 passed the motor accident claims tribunal, dehradun.2. ..... (2) whether any accident took place due to rash and negligent driving of motor cycle by sepoy trilok singh, driver of o.p. no. ..... 4,20,480/- on account of death of sri mohan lal juyal in the accident.3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2516
..... the findings recorded by the tribunal that deceased kheemanand died on account of the injuries sustained by him in the motor accident and that the insurer of maruti van was liable to pay compensation to the claimant have, now, attained finality, as the respondents have not filed any appeal against ..... on the evidence led by the parties, held that kheemanand died on account of the injuries sustained by him in the motor accident on 28.1.2004 and the insurer of maruti van was liable to pay compensation to the claimants.6. ..... in the cost of living between 1994 and 2004, the year of the accident, is taken into account, the notional income of rs. ..... the plea that maruti van was being plied in breach of the policy conditions; the driver of maruti van was not holding a valid and effective driving licence; and the accident occurred due to negligence of the driver himself.4. ..... which was being driven by the deceased himself, met with an accident resulting in his death on the spot itself. ..... 000 for his death in motor accident on 28.1.2004 when maruti van bearing ..... kheemanand was 33 years of age on the date of the accident and his widow claimant no. ..... claimants' appeal seeking enhancement of compensation awarded by the motor accidents claims tribunal, pauri garhwal vide award dated 2.6.2005 passed in motor accidents claim petition no. ..... 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 .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008(116)FLR781]; (2008)IILLJ585UC
..... if the principles of the evidence were not made applicable in the cases of the motor accident claim, it would be very difficult for the tribunal to decide the claim petition. ..... 2 lacs in the treatment and if no supporting evidence is produced and proved by the claimant that how many injuries have been sustained or whether he had sustained the injury in the accident, how the tribunal can adjudicate the matter effectively. ..... on october 4, 2001 the aforesaid jeep met with an accident during the service near simalkhet as a result of which the backbone of the claimant got broken. ..... it has been stated that due to the accident, the claimant has become permanently disabled. ..... it has been admitted that the accident had taken place during the service. ..... the claimant was aged about 3 5 years at the time of accident and he was getting a sum of rs. ..... the accident in question had taken place due to rash and negligent driving by the claimant. ..... 1 on the date of; accident? .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC604
..... the owner of the vehicle budhi ballabh joshi in his written statement asserted that the accident occurred due to mechanical failure of the vehicle and there was no negligence on the part of the driver or owner. ..... deepa, besides several persons, sustained grievous injuries and consequently few died, but the claimant sulochana survived in a motor accident, which occurred due to rash and negligent driving by the driver of bus no. ..... the abovementioned three appeals arise out of the same motor accident, parties to the proceedings are same and similar questions are involved for determination in these appeals, therefore, these appeals are being decided by this common judgment for convenience. ..... sulochana negi and death of her husband and daughter was the result of injuries sustained by them in the motor vehicle accident due to rash and negligent driving by the driver of bus no. ..... admittedly, this accident had occurred on 29th may, 1989, when the provisions of section 95 of motor vehicles act, 1939 were applicable.10. ..... 16 of 1988 by motor accident claims tribunal/district judge, chamoli (in short the tribunal). ..... deepa negi on the fateful day by the ill-fated bus, which met with an accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC807
..... the amount in deposit with this court, if any, be transmitted to the motor accident claims tribunal concerned for being paid to the claimant. ..... up 07c-2125 by its driver in the accident which occurred near gholapani in village dagar. ..... this appeal under section 173 of the motor vehicles act, 1988 (for short the act) is directed against the judgment and award dated 18.10.2002, passed by the motor accident claims tribunal, tehri garhwal (in short the tribunal) in motor accident claim petition no. ..... the accident was admitted but it was asserted that due to technical failure of the vehicle the accident occurred. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC493; 2007ACJ69
..... 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 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, for the purpose of securing ..... due to the injuries received in the accident, his left hand was amputated below elbow. ..... no doubt, the lineman could have observed better safety measures and he could have avoided the accident. ..... from the evidence on record, it is clear that it is admitted to the parties that claimant was in the employment with the respondent and working as a lineman on the date of the accident. ..... the claimant-appellant was 53 years old at the time of the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2003)ACC92; 2002ACJ2074
a.a. desai, c.j. and p.c. verma, j. 1. heard sri manoj tewari, learned counsel for the appellant at length.2. the deceased at the time of the accident was aged about 45 years. the tribunal estimated his monthly income at rs. 1.8oo and awarded compensation of rs. 2.16.000. we do not see any reason that the amount as awarded is exorbitant.3. sri manoj tewari, learned counsel for the appellant, further urged that the driver of the vehicle insured with the appellant was not holding any driving licence. as such, the appellant company could not be saddled with the responsibility of compensation. we are not impressed by the ground as raised. however, the insurance company can prosecute against the owner of the vehicle in accordance with law for the liability saddled on the appellant.4. the appeal is dismissed with the aforesaid observation.
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