Court : Allahabad
Reported in : 2009(2)AWC1077
..... it is true that an appeal under section 173(1) of the act lies only against the award of the motor accident claims tribunal but if the award is a nullity it can be challenged in an appeal under section 173(1) of the act and the ..... however, we direct the registrar general to issue a circular forthwith to all motor accident claims tribunals functioning in state of uttar pradesh to pass appropriate orders by giving reasons on the applications filed under section 170 of the motor ..... before parting with the case we may point out that motor accident claims tribunals in uttar pradesh are not following the mandate of section 170 of the act and the law declared by the apex court in ..... this appeal directed against the award of the motor accident claims tribunal (in brief the tribunal') gives rise to an interesting question of law, whether on an application filed under section 170 of the motor vehicles act, 1988 (in brief the act) by the insurance company, if no order ..... the claim petition is remanded back to the motor accident claims tribunal with a direction to decide the application filed by the insurance company under section 170 of the act in accordance with law ..... the tribunal recorded a finding that the accident took place due to rash and negligent driving of ..... the presiding officers of the motor accident claims tribunals are not performing their judicial duty to decide the application under section 170 first and then pass an award within reasonable time, so that if the insurance company is .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)IVLLJ779All
..... (1) says that gratuity shall be payable to an employees on the termination of his employment after he has rendered continuous service for not less than five years--(a) on his superannuation; (b) on his retirement or resignation; or (c) on his death or disablement due to accident or disease; and sub-clause (6) reads as under:(6). .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(85)AWC1925
..... the application was dismissed by the motor accident claims tribunal on the ground that in gaya prasad singh v. ..... the motor accident claims tribunal will release the amount after seeking necessary sanction within 30 days on the service of the order in its court and decide the matter very expeditiously and if possible within six months. ..... the motor accident claims tribunal is directed to decide the matter afresh on merit after taking evidence. ..... the petitioner's husband died on 25.1.1986 in a road accident. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2009All70
..... (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 limited ..... whether the premium has been paid or not is not the concern of the third party who is concerned with the fact that there was a policy issued in respect of the vehicle involved in the accident and it is on the basis of this policy that the claim can be maintained by the third party against the insurer.18. ..... 25,000/- made before this court for preferring this appeal be remitted back to the concerned motor accidents claims tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.22. ..... the insurance companies contended before this court that since the cheques have been dishonoured, there was no insurance coverage of the owner for the period of accident, therefore, they are not liable to pay the compensation to the claimants even as stop gap arrangement.7. ..... was considered and held on the basis of such judgment that if on the date of accident the policy subsists, then only the third party would be entitled to avail the benefit thereof. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1207
..... the order dated 17.4.2007 or 19.9.2007 cannot be challenged in these appeals, as an appeal under section 173(1) of the act lies only against the award of the motor accident claims tribunal and the orders under section 170 not being an award, no appeal would be maintainable against such an order.25. ..... deposited by the appellant in this court under section 173 of the motor vehicles act, 1988 in both the appeals shall be remitted by the registry to the motor accident claims tribunal within one month and shall be included in the amount to be paid by the appellant to the claimants. ..... the tribunal held that motor cyclist was not negligent and the accident took place due to rash and negligent driving of the driver of ..... these two appeals directed against the award of the motor accident claims tribunal (in brief the tribunal) give rise to an interesting questions of law, whether the statutory order under section 170 of the motor vehicles act, 1988 (in brief the act) can be deemed to have been ..... apex court held as under:it is beyond any doubt or dispute that in a proceeding where the right of the insurer to raise a defence is limited in terms of sub-section (2) of section 149, an appeal preferred by it against an award of the motor accident claims tribunal must only be confined or limited to some extent. ..... claim petitions have been allowed, with regard to the same accident, by the same tribunal, although on different dates. ..... due to injuries received in the accident shiv shanker mishra died on the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1089
..... in anubai gopichand thakare's case, the learned single judge of the bombay high court has held that the motor accident claims tribunal does not possess any statutory power to direct the insurance company to pay the amount of compensation and then recover it from the owner of the vehicle. ..... 25,000 deposited by the appellant in this court under section 173 of the motor vehicles act, 1988 shall be remitted by the registry to the motor accident claims tribunal within one month and shall be included in the amount to be paid by the appellant to the claimants. ..... the difference between a 'murder' which is not an accident and a 'murder' which is an accident, depends on the proximity of the cause of such murder. ..... the claim petition had been allowed by the motor accident claims tribunal by its award dated 1.9.2008 awarding rs. ..... the appellant was required to prove by evidence before the motor accident claims tribunal that it was a case of murder. ..... he has urged that it was not a case of accident but it was a planned murder by use of the truck, therefore, the claimants were not entitled for compensation. ..... due to the injuries received in the accident israr khan died on the same day. ..... the facts in brief are that an accident took place on 23.3.2003 at about 6.00 p.m ..... before the motor accident claims tribunal the appellant had not led any evidence to prove that it was a case of murder of israr khan ..... in paragraph 10 has held as under:the question, therefore is, can a murder be an accident in any given case? .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC897
..... manju while approaching the tribunal advanced her claim with the allegation that the motorcycle was being driven rashly and negligently and on account of accident taken place, shri anoop singh (deceased) succumbed to the injuries on 4.1.2004. ..... present appeal has been preferred under section 173 of the motor vehicles act, in short, act, against the impugned award dated 1.5.2006, passed by the motor accidents claim tribunal/additional district judge (fast track), court no. ..... controversy involved in the present appeal relates to an accident taken place on 23.12.2003 from motorcycle no. u.p. ..... the factum of accident was informed to the police station concerned and later on, a claim petition was filed before the tribunal for payment of compensation to the tune of rs. ..... 32, barabanki in motor accident claim no. ..... it has been further submitted that the age of the claimant was 48 years at the time of accident.5. ..... the tribunal has applied the multiplier of 17 on the basis of the age of the deceased which was 25 years at the time of accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1165
..... the insurance company being a party before the motor accident claims tribunal had filed written statement, they had to satisfy the tribunal that there was a collusion between the owner and the claimant which has power, authority and jurisdiction to either allow the ..... the brief facts of the case are that sri himmat arora died in an accident said to have been caused by maruti van no. u.p. ..... it appears that motor accident claims tribunal in the case of oriental insurance company (supra) had failed to dispose of the application filed under section 170 of the act and it was pleaded that in those circumstances the insurance company did not ..... the motor accident tribunal rejected the application of the petitioner filed under section 170 of the motor vehicles act vide order dated 22.8.2008.4. ..... further, the owner-cum-driver herein filed written statement, specifically disputing involvement of his vehicle in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1111
..... under rule 207 of the rules the claims tribunal is required to send notice to the owner of the motor vehicle involved in the accident and its insurer, with a copy of the claim application intimating of the date on which it would hear the application. ..... state road transport corporation, agra challenging the award of the motor accident claims tribunal, mathura dated 16.1.2007.2. ..... the motor accident claims tribunal recorded a finding that the accident took place due to rash and negligent driving of the driver of the bus. ..... due to injuries suffered in the accident the right hand of the claimant was amputated and the claimant filed the claim petition under section 166 of the act claiming rs. ..... , the order i, rule 3, code of civil procedure, 1908, would apply and in a claim petition filed under section 166 of the act, 1988, the owner of the vehicle and the insurer of the vehicle, involved in the accident, would be necessary parties. ..... the brief facts are that an accident took place on 24.12.2000 at 5.30 p.m. ..... state road transport corporation, agra is not owner of the bus involved in the accident. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC889
..... - (1) where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicle shall, jointly or severally, be liable to pay compensation in respect of such death or disablement ..... 2,000 per month while working with his father at the time of accident and even if we apply the multiplier of 16, he is entitled to the claim of ..... of injuries caused in the said accident, the appellant has become permanently disabled and lost his capacity to move on his own leg.the appellant, being permanently disabled and paraplegic on account of injury and being permanently incapacitated, approached the motor accident claims tribunal and claimed compensation. ..... whether died or permanently disabled on account of an accident, the quantum of compensation may be assessed on the same principles without any difference ; rather in the event of permanent disablement, the amount of compensation may be more than the amount, which may be assessed on account of ..... the tribunal has recorded a finding that at the time of accident, the salary of the appellant was rs. ..... for the respondents.present appeal has been preferred under section 173 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') against the impugned award dated 22.7.2005, passed by the motor accident claims tribunal (iind additional district judge, faizabad) in motor accident claim petition no. .....
Tag this Judgment!