Court : Allahabad
Reported in : 2009(3)AWC2572
..... 25,000 made before this court for preferring this appeal be remitted back to the concerned motor accident claims tribunal as expeditiously as possible in order to adjust with the amount of compensation to be paid to the claimants, however, such prayer is a allowed.d.k. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2576
..... 644 : 2009 (2) accd 646 (all) (db) : 2009 (2) awc 1092 to apprise us that when the matter is required to be remanded back for the purpose of consideration of the cause upon notice to the commissioner under whose jurisdiction the accident was caused then there is no necessity to withhold the deposited amount of compensation till such exercise is made by the commissioner but to refund the same immediately.4. ..... hence, the matter is required to be sent back to the court of commissioner for reconsideration of the cause upon notice to the commissioner in whose jurisdiction accident took place in accordance with law keeping the effect of the order in abeyance till such time.6. ..... court of workmen's compensation, having jurisdiction over the area where the workman or his dependent ordinarily resides, can pass an order awarding compensation without giving any notice to the commissioner, within whose jurisdiction the accident took place, in the manner prescribed by the central government or the state government concerned. ..... , the matter is remanded back to the commissioner concerned to hear out the matter upon notice to the commissioner where the accident took place as prescribed under the first proviso to section 21(1) of the act. ..... requirement of law is that the commissioner who is going to pass an order having jurisdiction over the residence of the claimant has to have knowledge or information about proceeding, if any, before the commissioner in whose jurisdiction accident took place. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2009All178; 2009(3)AWC2904
..... it was further submitted that in fact, in the course of investigation by the police it was found that the vehicle in question involved in the accident was ut w-6075 and not ut w-5467 and the charge-sheet was also submitted to this effect, moreover, the owner in his written statement admitted that the vehicle having registration no ..... subsequent thereto an amendment application under order vi, rule 17 was filed by the claimant stating that the vehicle number involved in the accident was ut w-6075 and not ut w-5467 as such the prayer was made that the claimant be permitted to amend the claim petition accordingly by substituting the registration number of the vehicle utw-6075 in place of ut w-5467 ..... subsequent to the filing of the claim petition owner of the vehicle appeared and filed its written statement stating that the registration number of the vehicle involved in the accident was wrongly mentioned by the claimant and in fact the vehicle no. ..... it was submitted by the learned counsel for the revisionist that immediately after the accident, causing the death of the husband of the claimant no. ..... ut w-6075 was found to be involved in the accident and the said vehicle no. ..... the registration number of the vehicle involved in the accident was mentioned ut w-5467 in the f.i.r. ..... ut w-6075 was involved in the accident and not ut w-5467. ..... the claimant/applicant filed a claim petition before the motor accident claim tribunal. ..... 1 died in motor accident on 25.4.1998. ..... w-6075 was involved in the accident.7. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2383
..... the real controversy is whether the accident is self-inflicted injury or untoward incident. ..... there is no dispute with regard to nature of accident resulting in death of the deceased. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2690
..... petitioner before this court is owner of the tanker (motor vehicle) which was involved in the accident resulting in proceedings under section 166 of the motor vehicles act, 1988, being motor accident claims petition no. ..... the motor accident claims tribunal/special judge, bareilly after hearing the parties made an award dated 14.12.2005. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2693
..... in an accident, he was injured. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC2023
..... of the claimant merely by saying that the offending vehicle was ensured and driver had valid driving license and vehicle was not used in breach of conditions of insurance policy at the time of accident without contesting the claim on merits, like on the question of negligence or contributory negligence and quantum of compensation claimed in the petition or even after filing of written statement, he has taken ..... to all the district judges of subordinate judiciary of this court forthwith, who shall thereupon communicate the same to all the claims tribunal dealing with motor accident claim cases indicating therein that they should take guidance from the order passed by this court while coming across with such application under section 170 of the act. 32. ..... joint reading of the provisions of sections 149 and 170 of the act, it is clear that insurer has no right to contest the claim of injured or heirs of deceased of motor accident on the grounds which are available to the owner and driver of the motor vehicle except the grounds/defences available to it under section 149(2) of the act, but where the tribunal ..... thus, from the aforesaid provisions of section 170 of the act it is clear that the right of insurer to contest the claim on merit setup by victim/heirs of deceased of motor accident is no doubt dependant upon the existence of either of the two conditions indicated therein, and it is essential element for the satisfaction of claims tribunal for directing the insurer to be impleaded .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1092; [2009(121)FLR83]; (2009)IIILLJ626All
..... first proviso under this section is relevant for the purpose, which is quoted hereunder:provided that no matter shall be processed before or by a commissioner, other than the commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the central government to the commissioner having jurisdiction over the area and the state government concerned.9. ..... so far as the question of jurisdiction is concerned, section 166(2) of the act, 1988 clearly speaks that the claim petition can be filed before the claims tribunal having jurisdiction over the area in which the accident occurred or within the local limits of whose jurisdiction the claimant resides or carries on business or within the limits of whose jurisdiction the defendant resides. ..... amit manohar, learned counsel appearing for the insurance company, contended before the court that the accident did not take place within the territory of state of uttar pradesh but within the territory of state of gujarat, therefore, passing of the order by the commissioner without any notice or intimation to the respective commissioner in the ..... , it is mandatory for the commissioner, who proceeds with the claim petition, having no jurisdiction over the area where the accident took place but on the basis of the residence of the claimants to give notice to the commissioner having jurisdiction over the area where the accident took place to avoid the fraudulent practice, if any. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(85)AWC2035
..... in an accident death occurred and claimants-respondents filed claim petition. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1464
..... in the instant case, it is not disputed that the nephew of the counsel of the appellant had died in a road accident on the date of hearing and that the appellant himself was not at the station on account of his employment and illness.10. ..... away from lucknow where the case was fixed and on 10th march, 1983 which was the date fixed in the case, the young nephew of the counsel met with an accident and expired which prevented the counsel to appear in the court on that date. ..... unfortunately, the young nephew of the counsel of the appellant met with an accident on 10.3.1983 and expired which prevented him (the counsel) counsel also to appear in the court on that date.8. .....
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