Court : Uttaranchal
Reported in : II(2007)ACC422
..... the findings recorded by the tribunal that the claimant subhash chandra joshi sustained injuries in the accident and the accident occurred due to rash and negligent driving of the bus have now attained finality as none of the respondents have filed any appeal ..... the tribunal on the evidence led by the parties held that the claimant sustained injuries in the accident; the accident occurred due to rash and negligent driving of the driver of the bus; and the insurance company of the bus was liable to pay the compensation ..... just and reasonable compensation to the claimant for the injuries sustained by him in the accident leading to amputation of his right foot and the amount spent on treatment.11. ..... the claimant suffered amputation of his right foot on account of the injuries sustained by him in the accident leading to 40% permanent disability and had to spend substantial amount on his treatment.8. mr. d.s. ..... suffered permanent disability to the-extent of 40% on account of the injuries sustained by him in the accident leading to the amputation of his right foot is established from record. ..... is continuing in government service and getting the same salary but the fact remains that he had to suffer physical pain and mental agony on account of the injuries suffered in the accident and the amputation of his right foot. ..... insurer of the bus contested the claim and disowned their liability to pay compensation to the claimant on the plea that the accident occurred due to technical fault in the bus. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC817
..... tribunal, on the evidence led by the parties, held that claimant satya prasad pant sustained injuries in the motor accident on 18.4.1998 and the accident occurred due to the rash and negligent act of the drivers of both the buses.5. ..... as the tribunal found the drivers of both the buses eqally responsible for the accident and the claimant, himself, was the driver of one of the two buses, he was found entitled to receive 50% of the above amount of compensation of ..... the fact that appellant satya prasad pant sustained injuries in the motor accident on 18.4.1998 was not seriously disputed by the owner, driver and insurer of the private bus bearing registration ..... we do not find any material to disagree with the finding recorded by the tribunal that the appellant, himself, also equally contributed to the accident, the appellant would be entitled to receive only 50% of the above amount of compensation of rs. ..... this is claimant's appeal for enhancement of the compensation awarded by motor accident claims tribunal/district judge, dehradun vide award dated 2.8.2003 passed in ..... up 02-c-6143 contested the claim and pleaded that the accident took place on account of the negligence of the claimant, ..... further pleaded that, on account of the injuries and the fractures sustained by him in the accident, he was rendered unfit to pursue his occupation as bus driver in u.p. ..... it has come in the evidence of the claimant, himself, that even after the accident he is continuing to receive the same salary from u.p. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ546; 2008(1)AWC96
..... the claims tribunal has also held that the claimant has suffered 60% disability in the accident but as there was no hill endorsement on the driving licence his claim petition was rejected vide impugned judgment and award.11 ..... so far as the amount of compensation is concerned on the date of accident the age of the claimant was held to be 26 years and he was getting rs ..... 2 on the date of accident, the insurance company is liable to pay ..... whether as result of accident, the claimant has become handicapped/ injured and unable to do work ..... 734 as compensation alongwith interest on that amount at the rate of 12% per annum from the date of accident, i.e. ..... , the insurer would not be allowed to avoid its liability towards the insured unless the said breach or breaches on the condition of driving licence is/are so fundamental as are found to have contributed to the cause of the accident. ..... as there was no hill endorsement on the driving licence of the claimant, therefore, he was not authorised to drive the vehicle on hill-roads and as such he is not entitled to get any compensation on account of sustaining injuries in the accident.10. ..... all the papers of the vehicle was valid and the claimant had a valid driving licence at the time of accident?4. ..... employer did not pay any compensation for his injuries in the accident. ..... claimant-appellant has filed a claim petition before the workmen compensation commissioner, for grant of compensation on account of injuries sustained by him in an accident.4. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008(1)AWC99
..... thus, the claims tribunal after taking into consideration the document filed by both the parties has recorded a finding that the accident took place due to rash and negligent driving of the driver of jeep no. u.t.f. ..... 104 as has been mentioned, further as to whether in the said accident, kamlesh kumar received injuries, and further as to whether at the time of accident, the vehicle in question was being driven rashly and negligently. ..... 1, who has narrated the entire story and stated that the accident took place due to rash and negligent driving of the jeep no. u.t.f ..... it has been stated that on the date of accident neither any driver came nor any vehicle was driven out ..... it has also been stated that no accident took place by the said vehicle because the said vehicle was parked in the garage on 24.3.1997 and was never driven on the road ..... filed under section 173 of the motor vehicles act, 1988, appellant has prayed for setting aside the judgment and order dated 5.6.2002, passed by-motor accident claims tribunal/iind fast track court, nainital in motor accident claim case no. ..... 12ga/3, where shows that the accident took place by jeep no. u.t.f ..... near stadium nagla road, an accident took place by jeep no. u.t.f ..... assessment of damages under the fatal accidents act, 1976. ..... at the time of accident, the claimant was 28 years of age and was a salesman in the canteen of the hostel of the university.5 ..... briefly stated, a claim petition was filed by the claimant-respondent being motor accident claim case no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ2175
..... employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected: provided further that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim-(a) if the claim preferred ..... of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or(b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the ..... accident from any other source at or about the time when it occurred:provided further that the commissioner may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ11
..... tribunal on a close scrutiny of the evidence led by the parties held that the claimants' daughter asha rani died on account of injuries sustained by her in the motor accident on 18.2.2005; the accident occurred due to rash and negligent driving of the driver of the tractor and the insurer of the tractor was liable to pay compensation to the claimants.6. ..... the findings recorded by tribunal that claimants' daughter asha rani died on account of the injuries sustained by her in the motor accident on 18.2.2005; the accident occurred due to rash and negligent driving of the driver of the tractor; and the insurer of the tractor was liable to pay the compensation to the claimants have, now, attained finality as the respondents have ..... 5,00,000 (rupees five lakh) for the death of their daughter asha rani aged about 16 years in the motor accident on 18.2.2005 when she was coming back to her house from the school and was dashed by the offending vehicle tractor bearing ..... unfortunate parents of deceased asha rani are seeking enhancement of the compensation awarded by the motor accidents claims tribunal/ district judge, nainital vide award dated 19.7.2005 passed in the m.a.c. no ..... ) held that the accident was as a result of rash and negligent driving by the driver of ..... court in the case of manju devi (supra) while assessing just and proper compensation in case of death of a child aged about 13 years, observed in paras 1, 2 and 3:in this case a 13 years old boy was killed in an accident on 2.7.1998. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC458
..... both these appeals under section 173 of the motor vehicles act, 1988 (for short 'the act') arise out of the same motor accident and similar questions are involved for determination in these appeals, therefore, for convenience they are being decided by this common order.2. a.o. ..... after hearing both the parties and perusing the evidence on record, the tribunal came to the conclusion that the motor accident resulting into death of arun kumar gupta and injuries to jagat singh occurred due to rash and negligent driving by jaipal singh, the driver of the ..... considering the fact that the driver of the vehicle involved in the accident was not produced and no explanation has come forward for his non-appearance in the witness box, coupled with the fact that the report of the accident was lodged by injured jagat singh, the finding recorded by the learned tribunal on the point of rash and negligent driving does not require any ..... in deposit with this court be remitted to the motor accident claims tribunal concerned, for being paid to the claimants. ..... facts giving rise to these appeals are that a motor accident took place on 8.10.1991 near birla yamaha factory within ..... toyota truck, which was involved in the accident, was having a valid driving licence to drive ..... the allegations made in the petition including the date, time and place of the accident and denied its responsibility.10. ..... 2002 has been preferred against the judgment and award dated 12.2.2001 passed by the motor accident claims tribunal/addl. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1619
..... counsel for the respondents has pointed out that the accident had not taken place due to overloading as there is a statement of the driver that the accident had taken place due to technical defect. ..... 06-6185 at lavali-pauri road, the jeep in question met with an accident due to rash and negligent driving by the driver. ..... appeal under section 173 of motor vehicles act, 1988, has been filed by the appellant against the judgment and order dated 11.10.2004 passed by motor accidents claims tribunal/district judge, pauri garhwal in m.a.c.p. no. ..... written statement was filed by the owner of the offending vehicle wherein the accident has been admitted. ..... as a result of the said accident, suchita rawat sustained serious injuries ..... the basis of the pleadings of the parties, the tribunal has framed following issues:(1) whether suchita rawat died due to injuries in an accident on 21.11.2001 at about 4.15 p.m. ..... has been submitted that after getting the information about the accident, he went to pauri. ..... the accident in question had taken place due to technical ..... the insurance policy, it was laid down that the same cannot be said to be such fundamental breach so as to afford ground to the insurer to deny indemnification unless there were some factors which contributed to the causing of the accident. ..... submitted that in his absence, the driver of the vehicle in question jaipal singh rana went to his in-laws (sasural) and handed over the vehicle to his brother, namely, vimal rana who caused the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1988
..... the claim petition is moved, reads as under:(2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and ..... through the record of the case and the papers filed with the affidavit and memorandum of appeal, we are satisfied that the motor accidents claims tribunal at nainital has committed grave and manifest error of law in exercising jurisdiction in the matter in the above circumstances of the ..... makes it clear that a claim petition can be filed by the claimants either at the place where the accident had occurred or where the claimants themselves were residing or carrying on business, or where the defendants were residing ..... had no jurisdiction to decide the claim petition as neither the claimants belong to district of nainital nor the accident had taken place in that district nor the defendants had their residence or their business there. ..... uc 1019, has earlier held that in view of the provision of sub-section (2) of section 166, the tribunal having no territorial jurisdiction over the residents of the claimants or the place where the accident occurred or the place where the defendants reside, cannot decide a claim petition filed before it.11. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2006)ACC387
..... 1 was informed by registered post 9.5.2000 and even if it is assumed that on the date of accident the owner of the vehicle has received intimation regarding cancellation of insurance policy, even then the insurance company cannot escape from its liability in respect of the third party ..... 2 kamal singh has come to the conclusion that the accident took place due to the rash and negligent driving of bus ..... 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 ..... the petitioner alleged that the accident took place due to rash and negligent driving of the ..... 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 pleadings of the parties the claims tribunal framed the following issues:(1) whether this accident took place on 27.6.2000 at about 1 p.m. ..... appeal has been filed against the judgment and award dated 3.6.2002 passed by the motor accident claims tribunal, tehri garhwal.3. ..... filed a claim petition under section 166-aot mv act for the grant of compensation on account of death of her husband in a motor vehicle accident on 27.6.2000 at 1.00 p.m. ..... claims tribunal has also recorded a finding that the deceased was 63 years of age at the time of accident. ..... to take an example, suppose a vehicle is stolen while it is being driven by the thief there is an accident. ..... 8713 was not holding a valid driving licence at the time of the accident? .....
Tag this Judgment!