Court : Uttaranchal
Reported in : 2006ACJ2321
..... however, in the present appeals the insurance company has utterly failed to establish that the owner and driver of the vehicle met with accident have flouted the terms and conditions of the insurance policy and as such the appellant is not entitled to recover the amount of compensation from the insured, ..... appellant has also raised point that at the time of accident the bus was overloaded and the passengers travelling by the bus at the time of accident were more than the sanctioned strength of the bus. ..... basis of the ocular testimony of witnesses dodha and parush ram the claims tribunal has held that the accident occurred due to rash and negligent driving by the driver of the bus no. ..... basis of contentions of the parties the following four issues were framed:(1) whether the accident in question took place due to rash and negligent driving of vehicle no. ..... the learned claims tribunal has held that the accident was caused due to rash and negligent driving of the bus in question and it was not due to overloading of ..... the passengers travelling by the bus sustained injuries in the accident out of which five passengers succumbed to the injuries sustained ..... 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 ..... the claimants have stated that the accident took place due to rash and negligent driving by the bus driver ..... their version of the accident is that the accident took place due to failure of brakes and .....
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 : III(2005)ACC107; 2006ACJ2375
..... are reproduced below:(39) thus, a person whose licence is ordinarily renewed in terms of the motor vehicles act and the rules framed thereunder despite the fact that during the interregnum period, namely, when the accident took place and the date of expiry of the licence, he did not have a valid licence, he could during the prescribed period apply for renewal thereof and could obtain the same automatically without undergoing ..... , rampur to show that the driving licence of the driver was valid for the period from 28.1.1990 to 27.1.2001 and the accident occurred on 1.3.2001, then there was full opportunity to the appellant to have obtained a report from the concerned licensing authority to the effect that the driver of the offending vehicle had not applied for renewal of ..... it has been vehemently argued before us on behalf of the appellant that the driver of the bus involved in the accident was not holding a valid and effective driving licence on the date of accident and that the quantum of compensation is excessive, therefore, the findings of the claims tribunal are perverse. ..... company, after satisfying the entire amount under the impugned award in the executing court, may, if it so desires, file objections on the point that the driver of the offending vehicle was delicensed on the date of accident and to show that there has been breach of policy conditions as held by the hon'ble apex court. ..... quamar jahan hashami, by the motor accidents clamis tribunal/ additional district judge, i .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC376
..... aggrieved, the insurance company-appellant has come up in appeal and framed the substantial question of law in memo of appeal that the death was direct result of the accident was not proved and there was breach of the insurance policy by the o.p. no. ..... the alleged machine was duly insured with the insurance company at the time of accident, therefore, the insurance company is liable to pay the compensation.4. ..... , an accident took place, while the deceased was engaged in his work on the machine used for levelling the ground, with the result the deceased sustained injuries and he was rushed to s.s. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC776
..... the tribunal has recorded a finding in favour of the claimant by holding that the accident, was caused due to rash and negligent driving of the driver. ..... of our findings to the various issues as raised in these petitions is as follows:(i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor vehicles. ..... the driving licence was issued from moradabad roadways and, therefore, the finding has been concluded that the driver of the vehicle was holding a valid licence at the time when the accident had taken place.6. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ1488
..... . the explanation put forward by the appellant in his statement that he had been to the house of his father-in-law in the night of the accident and was thus not available in the house in the next morning, was false and this is also an additional link in the chain of the circumstances existing against the appellant.25 .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC855; 2006ACJ2663
..... the injured who sustained injuries and dependants of the deceased who died in this accident filed above claim petitions before the tribunal in different districts for compensation which were ..... present case, admittedly, the permit of the vehicle was granted for the use of carrying passengers and the accident took place when the vehicle was carrying the passengers. ..... 47) have been preferred against the one and common judgment dated 19.9.2003 passed by the motor accidents claims tribunal/district judge, nainital in claim petitions (leading case no. ..... 502, 498 and 495 of 2003, respectively the motor accidents claims tribunal, nainital (hereinafter referred to as 'the tribunal') has not granted interest on the amount ..... 44) have been preferred against the separate judgment and awards dated 24.8.2002 passed by the motor accidents claims tribunal/district judge, almora in claim petition nos. ..... 8221 and also did not deny the accident on the aforesaid date, time and place ..... 31) have been preferred against the one and common judgment dated 27.8.2002 passed by motor accidents claims tribunal/second fast track court, nainital in motor accident claim petitions (leading case no. ..... 16) against the one and common judgment dated 18.6.2002 passed by the motor accidents claims tribunal/ second fast track court, nainital in the motor accident claim petitions (leading case no. ..... alleged that the said bus was being driven by its driver cautiously by following traffic rules and accident occurred due to mechanical fault. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ222
..... the amount in deposit with this court be remitted to the motor accidents claims tribunal concerned, for being paid to the claimants. ..... aggrieved, the insurance company, appellant, has come up in appeal for setting aside the impugned judgment and award passed by the learned tribunal mainly on the ground that the driver of the vehicle involved in the accident was not holding a valid driving licence nor he was appointed as such by the insured and that the vehicle involved in the accident was not legally transferred in the name of r.p. ..... all these appeals arise out of the same motor accident and out of the common judgment and award passed by the claims tribunal and similar questions are involved for determination in these appeals, therefore, all the cases are being disposed of by this common judgment.2. ..... 1 that the motor accident resulting into injuries and consequent death of the deceased was caused due to rash and negligent driving of the driver of ill-fated car, rajeev kumar agrawal. ..... , by the motor accidents claims tribunal/district judge, nainital (in short 'the tribunal'), whereby learned tribunal has allowed the claim petition and has awarded rs. ..... of the opposite parties including the appellant has said a single word that deceased persons forcibly took possession of the ill-fated maruti car or that they were gratuitous passengers in the vehicle involved in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ1065
..... to any property of a third party so arising, or both, could be made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be. ..... do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even ..... section is sub-section (4) which provides that 'the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this ..... the present appeal are that the appellant has filed a claim petition before the motor accidents claims tribunal, chamoli for grant of compensation on account of death of sukha in a motor accident on 31.7.1986 at 12 noon near hanuman chatti, district chamoli garhwal, involving bus ..... was paid under public welfare and social security scheme of the government and as such the ex gratia payment cannot be deducted from the amount of compensation awarded by the motor accidents claims tribunal, as held by the apex court in united india insurance co. .....
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