Court : Uttaranchal
Reported in : III(2005)ACC397; 2005ACJ1772
..... this appeal, preferred under section 173 of motor vehicles act, 1988, is directed against the judgment and award dated 25.1.2005, passed by the motor accidents claims tribunal/2nd additional district judge, nainital, whereby rs. ..... the factum of the accident and death of kishan singh bisht is admitted between the parties. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008(117)FLR560]; (2008)IIILLJ183UC
..... at the time of accident, the deceased was 22 years of age and was drawing the salary to the extent of rs. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)2UPLBEC52
..... in paragraphs 7 and 8 of the writ petition the petitioner has stated as under :that on 14.7.2001 while the petitioner was going to attend her school she met with an accident, which made her physically handicapped. ..... since then the petitioner is undergoing treatment in various hospitals different type of ailments, which were multiplied due to the said accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC633; 2006ACJ2151
..... in the present case admittedly, the permit of the vehicle was granted for use of carrying the passengers and accident took place when the vehicle was carrying the passengers. ..... when the said bus reached near dabrani, it met with an accident and fell down into the river bhagirathi in which several persons died at the spot and several received fatal injuries. ..... against the separate awards passed by the motor accidents claims tribunal, uttarkashi, on different dates, in motor accident claim case nos. ..... it was alleged that it was being driven by opposite party bachan singh rashly and negligently at the time of accident.5. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC438; 2006ACJ2542
..... in the present case admittedly, the permit of the vehicle was granted for use of carrying the passengers and accident took place when the vehicle was carrying the passengers. ..... when the said bus reached near dabrani, it met with an accident and fell down into the river bhagirathi in which several persons died at the spot and several received fatal injuries. ..... against the separate awards made by motor accidents claims tribunal, uttarkashi, on different dates in motor accident claim case nos. ..... it was alleged that it was being driven by opposite party bachan singh rashly and negligently at the time of accident.5. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC546; 2007ACJ1130
..... the evidence on record it appears that the claimant used to run coal depot and he was deprived from doing his business due to the injuries received in the said accident during his medical treatment, and even thereafter, he could not resume his normal work due to hearing loss. ..... on the basis of the pleadings of the parties, following issues were framed by learned motor accidents claims tribunal:(1) whether, the accident in question was caused due to rash and negligent driving on the part of the driver of the truck ..... it is possible that promod kumar, pw 1 and raj kapoor, pw 2, might not have seen the accident themselves, but the tribunal, in our opinion, has committed grave error of law in disbelieving sudesh kumar, pw ..... 2, filed its separate written statement in which it is pleaded that no information of the accident was given by the owner of the vehicle to the answering respondent and, as such, provisions of section 158(6) of the motor vehicles act, 1988 were ..... applicant was driving the scooter very negligently and in a very rash manner and he could not control his scooter and got an accident with the truck.the above pleading taken by respondent no. ..... 1 filed before the tribunal reads as under:(8) that no accident has occurred due to sole negligence of the driver of the answering ..... in support of said finding, motor accidents claims tribunal has given the reason that in the first information report lodged, the truck registration number with whom accident is alleged to have occurred, is not .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2003CriLJ4586
..... . this also rule out the possibility of sustaining the fire-firm injury as a result of accident, alleged by the appellant.23 .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005(106)FLR808]; (2005)IIILLJ659UC
..... the argument for the respondents really involves the reading into the act of a proviso to the effect that an accident shall not be deemed to be within the act, if it arose from the mischievous act of a person not in the service of ..... from the facts and circumstances narrated above, it is denied that the workman concerned has met with an accident on october 4, 2003 in the course of his employment and as such the employer shall be liable to pay compensation in accordance with the provisions of the ..... as it appears from the aforesaid observations of the apex court that the murder of the deceased was due to accident arising out of the use of the motor vehicle and therefore, the apex court has justified the claim awarded to the family of ..... in the said case, the court rejecting an argument that the said incident cannot be treated as an accident held:'the accident which befell the deceased was, as it appears to me, one which was incidental to his employment as an ..... 95(b)(i) and (ii) and choose to use the expression 'arising out of' which indicates that for the purpose of awarding compensation under section 92-a, the casual relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... circumstances, the question for consideration before the apex court was as to whether the murder to be an accident in any given case.the apex court has relied upon the judgment of challis v. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC175
..... in support of appeal, it has been contended that the learned tribunal has committed manifest error in fastening the liability upon the insurance company because at the time of accident,' the vehicle was not duly insured and that the owner b of the vehicle had concealed material fact in this regard. ..... the apex court considered the effect of the cover note-whether insurer was liable under the policy of insurance issued subsequent to the accident even though it was issued some time later on the same day and answered the question in negative. ..... ram dayal manu/sc/0664/1990 : [1990]2scr570 , in which the insurer repudiated its liability by maintaining that the policy has been taken after the accident and, therefore, it had no liability to meet the award of compensation against the owner. ..... amount is deposited with this court, if any, be remitted to the motor accident claims tribunal concerned for being paid to the claimants. ..... from the previous mid night and since the accident took place on the date of the policy, the insurer became ..... tribunal accepted this stand, but in appeal, the punjab and haryana high court took the view that the insurance policy obtained on the date of the accident became operative from the commencement of the date of insurance, i.e. ..... 02-6429, which was involved in the accident was duly insured with the appellant insurance company at the time of accident and whether the insurance cover note was issued subsequently in favour of the insured as contended by the insurance .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2004)ACC770
..... 5, the national insurance company in its written statement has stated that the accident was taken place due to the rash and negligent driving by the driver of truck ..... the basis of evidence on record the learned tribunal has rightly come to the conclusion that the accident took place due to rash and negligent driving by the driver of truck no. ..... 3264 was carrying more than the prescribed number of passengers and that the accident took place due to contributory negligence of both the truck drivers.10. ..... this witness has categorically stated that the accident occurred due to rash and negligent driving by the driver of truck ..... present appeal has been filed against the award dated 28th september, 2003 passed by the motor accident claims tribunal, hardwar in estiyak and ors. v. ..... the date, time and place of accident have not been disputed by the ..... the learned motor accident claims tribunal has held that the accident took place due to rash and negligent driving of truck ..... they also denied that the accident took place due to the rash and negligent driving by the driver of truck ..... stated that he lodged report of the accident with the police. ..... the pleadings of the parties the following issues were framed:(1) whether sri akhalakh died in a motor vehicle accident on 24/25th november, 2000 at 12.30 a.m. ..... (2) whether the accident took place due to rash and negligent driving by the driver of ..... the facts giving riserto the present appeal are that akhalakh died in a motor vehicle accident on 25;th november, 2000. .....
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