Court : Uttaranchal
Reported in : III(2005)ACC397; 2005ACJ1772
..... this appeal, preferred under section 173 of motor vehicles act, 1988, is directed against the judgment and award dated 25.1.2005, passed by the motor accidents claims tribunal/2nd additional district judge, nainital, whereby rs. ..... the factum of the accident and death of kishan singh bisht is admitted between the parties. .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC428; 2006ACJ302
..... 2 also contested the claim petition on the ground that the vehicle was not plying with the valid papers at the time of the accident; the conditions mentioned in the policy were violated, but it was not denied that the vehicle was insured with it.5. ..... this appeal preferred under section 173 of motor vehicles act, 1988 is directed against the judgment and order dated 7.3.2003 passed by learned presiding officer of the motor accidents claims tribunal/district judge, pithora-garh, whereby an amount of rs. ..... bus was driven rashly and negligently by its driver at the time of the accident in which faqeer singh died.6. ..... 2 at the time of the accident.4. ..... faqeer singh died in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC432; 2006ACJ263
..... since the age of the claimant-appellant was only 28 years at the time of the accident, therefore, the multiplier of 14 in the present case, appears to be just and reasonable. ..... 2, which may deposit the unpaid amount of compensation before motor accidents claims tribunal within a period of one month, failing which it shall be liable to pay 9 per cent interest per annum on the unpaid sum, till the payment is made.no order as to costs. ..... 86,500 as compensation to claimant-appellant on account of injury received by him in the accident in question and rejected the claim in respect of the rest of amount. ..... insurance company contested the claim on the ground that the company was not informed of the accident nor the vehicle plied with the valid documents. ..... the report of the accident was lodged to the police and was registered as crime no. ..... in the accident, the appellant suffered fracture in the left leg and also fracture in the forearm. ..... learned counsel for the appellant argued before this court that loss of his earnings was not correctly assessed by the learned tribunal as appellant has been deprived of the job due to the accident. ..... 4,000 per month as a salesman and lost his job due to the accident. ..... perusal of oral evidence shows that alok kumar, pw 1, (injured) was aged 28 years at the time of accident. ..... 5,000 per month due to the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ476
..... these two issues also recorded its finding that the deceased and the owner of the offending vehicle were jointly liable for the accident and found the deceased was also liable for the contributory negligence and undisputedly since the offending tanker was insured with the insurance company on the date of accident, the deceased and the insurance company were rightly held liable for 50 per cent liability. ..... the moot question to be considered for the decision of this case, therefore, is whether the death of the deceased who died as a result of accident due to explosion of the tanker while it was in a state of rest, could be said to be arising out of the 'use' of motor ..... parliament, however, chose to the use the expression 'arising out of which indicates that for the purpose of awarding compensation under section 92-a the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... -(1) a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereafter in this chapter referred to as claims tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damage to any property of a third party so arising, or both. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC458
..... both these appeals under section 173 of the motor vehicles act, 1988 (for short 'the act') arise out of the same motor accident and similar questions are involved for determination in these appeals, therefore, for convenience they are being decided by this common order.2. a.o. ..... after hearing both the parties and perusing the evidence on record, the tribunal came to the conclusion that the motor accident resulting into death of arun kumar gupta and injuries to jagat singh occurred due to rash and negligent driving by jaipal singh, the driver of the ..... considering the fact that the driver of the vehicle involved in the accident was not produced and no explanation has come forward for his non-appearance in the witness box, coupled with the fact that the report of the accident was lodged by injured jagat singh, the finding recorded by the learned tribunal on the point of rash and negligent driving does not require any ..... in deposit with this court be remitted to the motor accident claims tribunal concerned, for being paid to the claimants. ..... facts giving rise to these appeals are that a motor accident took place on 8.10.1991 near birla yamaha factory within ..... toyota truck, which was involved in the accident, was having a valid driving licence to drive ..... the allegations made in the petition including the date, time and place of the accident and denied its responsibility.10. ..... 2002 has been preferred against the judgment and award dated 12.2.2001 passed by the motor accident claims tribunal/addl. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC647; 2007ACJ1317
..... the matter is remanded to motor accidents claims tribunal/ district judge, nainital, for decision afresh on merits on issue nos. ..... mangal singh by the motor accidents claims tribunal/district judge, nainital (hereinafter referred to as 'the tribunal'), whereby the learned tribunal dismissed the claim petition filed by the claimant-appellant.2. ..... 'death' in workmen's compensation act is applicable to the interpretation of the word 'death' in motor vehicles act--held: yes; objects of the two acts are not in any way different; both acts provide compensation to the victims of accidents. 14. ..... it was pleaded that the truck was duly insured on the date of accident.4. o.p. no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC489; [2005(106)FLR305]
..... the moot question is whether the insurance coverage as available to the insured employer-owners of the motor vehicle in relation to their liabilities under the workmen's compensation act on account of motor accident injuries caused to their workmen would include additional statutory liability foisted on the insured employers under section 4a(3) of the compensation act.on a conjoint operation of the relevant schemes of the aforesaid twin acts, in our view, there is no ..... as we have noted earlier the liability to pay compensation under the workmen's compensation act gets foisted on the employer provided it is shown that the workman concerned suffered from personal injury, fatal or otherwise, by any motor accident arising out of and in the course of his employment. ..... 1, 2 and 3 relate to the factum of the accident and as to whether the vehicle in question was duly insured with the insurance company so as to indemnify the same by the insurance company.6. ..... as soon as the jeep reached mitarigaon, the jeep met with an accident and her husband died instantaneously. ..... all these provisions represent a well-knit scheme for computing the statutory liability of the employer in cases of such accidents to their workmen. ..... such an accident is also covered by the statutory coverage contemplated by section 147 of the motor vehicles act read with the identical provisions under the very contracts of insurance reflected by the policy which would make the insurance .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005(106)FLR808]; (2005)IIILLJ659UC
..... the argument for the respondents really involves the reading into the act of a proviso to the effect that an accident shall not be deemed to be within the act, if it arose from the mischievous act of a person not in the service of ..... from the facts and circumstances narrated above, it is denied that the workman concerned has met with an accident on october 4, 2003 in the course of his employment and as such the employer shall be liable to pay compensation in accordance with the provisions of the ..... as it appears from the aforesaid observations of the apex court that the murder of the deceased was due to accident arising out of the use of the motor vehicle and therefore, the apex court has justified the claim awarded to the family of ..... in the said case, the court rejecting an argument that the said incident cannot be treated as an accident held:'the accident which befell the deceased was, as it appears to me, one which was incidental to his employment as an ..... 95(b)(i) and (ii) and choose to use the expression 'arising out of' which indicates that for the purpose of awarding compensation under section 92-a, the casual relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... circumstances, the question for consideration before the apex court was as to whether the murder to be an accident in any given case.the apex court has relied upon the judgment of challis v. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC132; 2005(4)AWC3119(UHC)
..... 1 arnarjeet singh, the owner of the truck trailer has stated that the aforesaid accident had taken place due to the rash and negligent driving of the driver of bus no. h.r. ..... 1, 2 and 3 are concerned, the claims tribunal has recorded a finding that the accident had occurred on account of rash and negligent driving of the driver of truck trailer no. ..... 4 sri harvansh singh has stated in its written statement that the accident had occurred due to rash and negligent driving of the driver of truck trailer no. ..... it has also been stated that at the time of the accident, the aforesaid truck was insured with national insurance company. ..... 8, national insurance company has stated in its written statement that no accident had taken place by the bus in question. ..... they have stated that they are not liable to pay any compensation because the accident had occurred due to the negligence of b.h.e.l. ..... 1 and 2 relates to the factum of accident as to whether the truck driver of the truck no. ..... this is an appeal against the judgment and order dated 2.12.1994 passed by motor accident claims tribunal, hardwar in motor accident case no. ..... accident had occurred due to the negligence of department of b.h.e.l. ..... the deceased was also one of the persons, who died due to the injuries sustained in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3111(UHC)
..... the vehicle in question was duly insured with the insurance company as will appear from the cover note of the insurance policy and at the time of the accident the vehicle in question was duly insured so as to reimburse the amount of compensation from the insurance company. ..... we have perused the record of the case and from the perusal of the record shows that at the time of accident, the deceased was aged about 20 years and he was earning a sum of rs. ..... on 12th october, 2000, the said truck met with an accident near saitoli while going to ghat from nand prayag. ..... we therefore, have no hesitation to confirm the findings of the workmen compensation commissioner so far as the age of the deceased and the lacturn of accident with vehicle no. u.p. ..... in this accident virendra singh, the son of the claimant sustained grievous injuries and was treated in the primary health centre, ghat for first-aid and (hereafter he was admitted to the district hospital, gopeshwar and after .....
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