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 : 2009ACJ1982
..... reasons to amending act 54 of 1994 are as follows:(5) the law commission in its 119th report had recommended that every application for a claim be made 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, at the option of the claimant. ..... section 166 (2) of the act provides as under: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 contain ..... according to the aforesaid provision, every claim petition shall be filed at the option of the claimant either to the claims tribunal having jurisdiction over the area in which the accident occurred or to 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. ..... thereby, the claimants have three options to file the claim petitions either at the place where the accident occurred or where the claimants are residing or where the claimants are carrying out the business. .....
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 : 2009ACJ1793
..... anything contained in the act or in any other law for the time being in force that the owner of a motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of the motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub-section (1) of section 163 ..... for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation. ..... now, the proposition is incontrovertible that so far as the owner of the vehicle is concerned, his vicarious liability for damages arising out of the accident cannot be disputed having regard to the general principles of law as also having regard to the violation of the obligation imposed by section 84 of the act which provides that no person driving or in charge of a motor ..... but, this court only proceeded to notice that departure had been made from the law of strict liability and fatal accidents act by introduction of chapter vii-a of the 1939 act and the introduction of section 92-a providing for compensation and the expansion of the provision as to who could make a claim, noting that the .....
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 : [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 : 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 : 2008ACJ2239
..... it has further alleged that the said accident took place due to rash and negligent driving of the deceased. ..... all these appeals arise out of same accident, therefore, i am deciding all these appeals by this common judgment. ..... it has further pleaded that the accident took place due to rashness and negligence on the part of the driver of the d.t.c. ..... on the date of the accident, hence, the liability to pay the compensation as awarded by the tribunal rests on the shoulders with the insurance company and not with the delhi transport corporation (appellant).for the reasons stated above, a.o. ..... at the time of the accident renu jain was 53 years of age and used to earn rs. ..... on the date of accident, therefore, in any case, the liability would be on the insurance company, not on the delhi transport corporation.12. ..... on the date of the accident.14. ..... on the date of the accident, i.e. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2378
..... it has further alleged that his wife, children and mother were sitting inside the truck and the accident occurred due to his own mistake in which his son rohit giri died on the spot. ..... 7c is the first information report, which reveals that the driver of the truck himself admitted this fact that at the time of the accident, he was driving the truck in a very rash and negligent manner. ..... both these appeals arise out of same accident and the facts of both the cases are similar, therefore, both these appeals are being heard together and decided by this common judgment. ..... at the time of the accident, the age of the deceased was 5 years only and the tribunal has rightly awarded the amount of rs. ..... in the said accident rohit giri (5 years) son of prahalad giri died on the spot and the appellant prahalad giri sustained injuries. ..... dl 3l-b 3190 was coming from delhi met with an accident, 6 km from gajrola. .....
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. .....
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