Court : Allahabad
..... 4, the tribunal held that it was established that the vehicle in question, namely, the aforesaid truck was insured with the appellant-insurance company at the time of the accident but it was not established that the vehicle in question was plied under proper valid permit and fitness certificate and by the driver having valid driving licence. ..... tribunal constituted under section 165 read with section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle. ..... 2004 (giving rise to the present appeal) and two other connected motor accident claim cases referred to in the earlier part of this judgment: "1. ..... however, the respondent no.2 denied the accident as alleged by the claimant-respondent no.1, and in the alternative, pleaded that the vehicle in question was insured with the appellant-insurance company at the time of the accident, and therefore, the appellant-insurance company was liable to pay the amount of compensation, if ..... the case, it is pertinent to mention that shri kuldip shanker amist, learned counsel for the appellant-insurance company has made submissions on the merits of the case, namely, that the accident was not caused by the vehicle in question, i.e. ..... 1, the tribunal held that the accident took place on account of rash and negligent driving by the driver of the vehicle in question, namely, the aforesaid truck, resulting in damage to the property of the .....
Tag this Judgment!Court : Allahabad
..... 4, the tribunal held that it was established that the vehicle in question, namely, the aforesaid truck was insured with the appellant-insurance company at the time of the accident but it was not established that the vehicle in question was plied under proper valid permit and fitness certificate and by the driver having valid driving licence. ..... tribunal constituted under section 165 read with section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle. ..... 2004 (giving rise to the present appeal) and two other connected motor accident claim cases referred to in the earlier part of this judgment: "1. ..... however, the respondent no.2 denied the accident as alleged by the claimant-respondent no.1, and in the alternative, pleaded that the vehicle in question was insured with the appellant-insurance company at the time of the accident, and therefore, the appellant-insurance company was liable to pay the amount of compensation, if ..... the case, it is pertinent to mention that shri kuldip shanker amist, learned counsel for the appellant-insurance company has made submissions on the merits of the case, namely, that the accident was not caused by the vehicle in question, i.e. ..... 1, the tribunal held that the accident took place on account of rash and negligent driving by the driver of the vehicle in question, namely, the aforesaid truck, resulting in damage to the property of the .....
Tag this Judgment!Court : Allahabad
..... and 12% interest thereon from the date of accident to the date of such payment. 4. ..... as compensation to the workman-respondent no.2 jaiveer singh alongwith 12% interest thereon from the date of accident to the date of payment. .....
Tag this Judgment!Court : Allahabad
..... tribunal constituted under section 165 read with section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle ..... the appellant-insurance company further denied that the alleged accident took place because of rash and negligent driving on the part of the driver of the vehicle ..... 1, the tribunal held that the accident in question took place on account of rash and negligent driving by the drier of the ..... company, inter-alia, further stated that at the relevant time of the alleged accident, the owner of the vehicle in question (i.e. ..... the matador); and that the accident took place on account of the negligence on the part of the driver of the said santro car, as a result of which, the said santro car collided with another vehicle; and that the driver of the vehicle ..... on account of the death of pramod kumar sharma in an accident which took place on 17.12.2004 at about 1.35 p.m. 2. ..... 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. ..... been filed under section 173 of the motor vehicles act, 1988, against the judgment and order/award dated 3.6.2010 passed by the motor accidents claims tribunal, meerut in motor accident claim case no. .....
Tag this Judgment!Court : Allahabad
..... on the proof of the charge of misconduct, of antedating the cover note of insurance, to give benefit to the owner of the vehicle, which had met an accident, he was awarded a lighter punishment by bringing him down in the basic pay by ten times in the time scale. ..... the truck met with an accident in the night of 19/20.9.2000 in west bengal, hence inspection of vehicle by the agent on 18.9.2000 at 5 p.m. ..... , in order to bring the date of accident within the period of insurance, with malafide intention of granting undue pecuniary benefit to the insured and thus saddled the company with an undue potential od liability of rs. ..... the petitioner was given all the documents relied upon by the company in support of the allegations in proof of the charge of antedating the cover note of the renewal of insurance of a vehicle, which had actually met with accident on the previous night. ..... in the meantime the vehicle met accident in the night of 19/20.9.2000. 12. ..... up-52/c-2808, which had already met with an accident on 20.9.2000 at 00.30 hrs. ..... the premium was deposited a day after the vehicle met with the accident. ..... the subject cover note was antedated after the vehicle had met with the accident. ..... the cover note was issued after the accident. .....
Tag this Judgment!Court : Allahabad
..... no.3 herein) towards payment of premium for insurance of the vehicle in question, and the consequent cancellation of the insurance cover note in respect of the vehicle in question by the appellant-insurance company, prior to the date of the accident in question, namely, 25.5.1993, the vehicle in question could not be treated to be validly insured with the appellant-insurance company, and the appellant-insurance company was not liable to pay compensation in respect of the ..... 1 and 2, interalia, included photostat copy of the chick report, photostat copy of the insurance cover note in respect of the vehicle in question, true copies of the charge-sheet, map of the accident site, panchayatnama and postmortem report in respect of the deceased shamsuddin, accidental inspection report in respect of the vehicle in question and accidental inspection report in respect of the aforesaid tractor as well as photostat copy of the driving licence ..... claims tribunal constituted under section 165 read with section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle. ..... it was further pleaded by the appellant-insurance company that as at the time of the accident, the vehicle in question was not insured and the driver of the vehicle in question was not having driving licence nor was there valid registration certificate, fitness certificate and permit in respect of the vehicle .....
Tag this Judgment!Court : Allahabad
..... where a patient's death results merely from error of judgment or an accident, no criminal liability should be attached to it. .....
Tag this Judgment!Court : Allahabad
..... he had opted for voluntary retirement in june, 1996 due to permanent incapacitation caused by a road accident. .....
Tag this Judgment!Court : Allahabad
..... he, however, died on 20.12.2007 in a road accident leaving behind the petitioner and two daughters. ..... , writ petition no.71855 of 2009, the petitioner's husband was working as part time tube well operator on 26.5.1987 and was working as such, when he died in harness on 29.6.2000 in a road accident. .....
Tag this Judgment!Court : Allahabad
..... if the learned chief judicial magistrate was of the view that the condition of the vehicle after the accident was necessarily required to be proved during the trial, he should have directed for having photographs of the vehicle from various angles and thereafter he should have released the vehicle. ..... if a vehicle involved in an accident suffers any damage and can not ply on road without removal of the damage, the owner of the vehicle can not be asked to wait for the conclusion of the trial and keep the vehicle in the ..... matters vehicles are not produced in the court and only mechanical examination of the vehicle is done so as to find out any mechanical or technical defect in the vehicle as also the damage, if any, caused to the vehicle in the accident. mr. .....
Tag this Judgment!