Court : Allahabad
..... as laid down by this court in the case of tauseem ahmad (supra) it is clear that a person who is aggrieved by an award given by the motor accident claims tribunal shall file an appeal under section 173 of the act and not under article 226/227 of the constitution of india. 25. ..... in view of the above said mandatory provisions it is clear that if a person aggrieved by an award given by the motor accident claims tribunal on a claim petition before it under section 168 of the act and an application for compensation filed before it under section 166 of the act he has got a statutory right of appeal under section ..... from the perusal of the abovesaid judgment, it is clear that additional district judge/motor accident claims tribunal has modified the award, earlier given, and as the said action was uncalled for and without jurisdiction, so this court exercised the power under ..... undisputed facts of the present case are that due to the accident which took place on 17.04.2008 one sri ashok kumar verma had died as a result of which a ..... - (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may 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 .....
Tag this Judgment!Court : Allahabad
..... 173 of the motor vehicles act, 1988 (hereinafter referred to as the 'act') has been filed by the appellant - bajaj allianz general insurance company limited against the judgment and award dated 22.1.2010 passed by motor accident claims tribunal / additional district judge, court no.2, fatehpur in macp no.213 of 2009. 3. ..... this fact clearly supports the contention of the claimants that at the time of accident, the deceased was transporting fish by vehicle in question. .....
Tag this Judgment!Court : Allahabad
..... it was held that the "confirmation is one of the inglorious uncertainties of government service, depending neither on efficiency of the incumbent nor on the availability of substantive vacancies" and it was also said that "the accident of confirmation cannot be an intelligible criterion for determining seniority. .....
Tag this Judgment!Court : Allahabad
..... in his written statement denied the allegations in toto and alleged that he had no concern with the vehicle allegedly involved in the said accident nor he was the owner of the vehicle and thus the claim petition was not maintainable against him. 5. ..... he drove the said vehicle on the day of occurrence and thus the appellant was having full control and command over his own man who was driving the offending vehicle at the time of accident and thus the appellant could not escape his liability to pay compensation with regard to death of deceased. 22. ..... it was mandatory for insured/owner under the contract of insurance to furnish information of the accident to the insurance company just after the accident but the owner of the jeep failed to comply with this condition and thus there was breach of contract and as such the insurance company would not be liable to indemnity the insured ..... the learned counsel for the appellant has contended that the motor accident claims tribunal, allahabad passed the judgment on 14.3.2002 awarding compensation of rs.2,98,000/- against the owner of the jeep, namely, sudama lal sonkar, driver dinesh sonkar and present appellant, r.b.singh alleged to be borrower of the ..... the learned tribunal has held that on the date of the accident the appellant borrowed the offending jeep from its registered owner sudama lal sonkar as he wanted to go to pratapgarh by that vehicle on ill-fated day and thus he would also be liable to pay compensation jointly and severally. .....
Tag this Judgment!Court : Allahabad
..... appeal under section 173 of motor vehicles act is preferred against the impugned award dated 07.02.2006 passed by motor accident claim tribunal/additional district and sessions judge, gonda.2. ..... the tribunal after perusing the record and evidence lead by the parties, arrived at the conclusion that the said accident had occurred at the aforesaid time and place.6. ..... submission made by the learned counsel for the appellants' is that burden of proof that driver was not possessing any driving licence at the time of accident was on the shoulders of insurance company. ..... the tribunal framed issues with regard to the accident occurred on 28th may, 2000 at about 8:00 p.m. ..... on failure to lead evidence on the part of the insurance company to establish that the driver was not holding a valid licence on the date of accident, plea of claimant may be accepted. ..... so far as the availability of driving licence on the date of accident i.e. .....
Tag this Judgment!Court : Allahabad
..... the complainant further submitted that the story of accident is false, concocted and unconvincing. ..... from his possession, and in fact, one sunil kumar close relative of the informant who accompanied applicant on the fateful day to the bank had stolen the said money when the applicant met with an accident. .....
Tag this Judgment!Court : Allahabad
..... the complainant further submitted that the story of accident is false, concocted and unconvincing. ..... from his possession, and in fact, one sunil kumar close relative of the informant who accompanied applicant on the fateful day to the bank had stolen the said money when the applicant met with an accident. .....
Tag this Judgment!Court : Allahabad
..... saroj was the wife of the deceased ajay krishan who died in a road accident. .....
Tag this Judgment!Court : Allahabad
..... saroj was the wife of the deceased ajay krishan who died in a road accident. .....
Tag this Judgment!Court : Allahabad
..... as per case of the accused persons parents of the deceased were informed by them regarding this accident. .....
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