Court : Uttaranchal
Reported in : II(2006)ACC275
..... have considered the evidence on the record and have come to the conclusion as per findings of the tribunal that the accident had occurred on account of the rash and negligent driving of the truck. ..... 05-0174, which was being driven rashly and negligently met with accident and over-turned and due to the strike by the truck, the deceased fell down into the river and ultimately died ..... res ipsa loquitur fully applies to the facts of the case that the accident had occurred due to rash and negligent driving of the driver, who was driving the vehicle in such a manner that the said vehicle has over-turned and the pedestrian was made a tool of the vehicle and by the same accident, he went into the river and then he died.17. ..... as well as from the statement of sri rajnish kumar mittal dw2 that the accident had occurred due to rash and negligent driving of the driver.14. ..... the tribunal has also recorded a finding that at the time of accident, the driver had a valid driving licence and terms and policy of the insurance have not been ..... and 3 related to the factum of the accident having occurred from truck no. u.p. ..... is an appeal filed by the appellant the new india assurance company h challenging the award dated 24.7.2004 by which the motor accident claims tribunal awarded a sum of rs. ..... at the time of the accident the age of the deceased was 40 ..... at the time of the accident the deceased was aged about 40 ..... defendant no.1 insurance company has filed a written statement, where the factum of accident was denied. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ1256
..... the findings of the claims tribunal, so far as the factum of accident is concerned has not been challenged either by the insurance company or any other ..... jaspal singh sustained fatal injuries in the accident and he succumbed to the injuries at the ..... 1 relates to the factum as to whether the accident occurred due to rash and negligent driving of the driver of jeep ..... they have denied that the accident had occurred due to rash and negligent driving of the vehicle in ..... undisputedly, on the date of the accident, the age of the deceased was 43 years and thus according to second schedule to the motor vehicles act, multiplier of '15' ..... an appeal against the judgment and the award dated 30.8.2003 passed by the motor accidents claims tribunal, pithoragarh (hereinafter referred to as 'the tribunal') in the motor accident claim petition no. ..... at the time of accident, he was aged about ..... 2, the tribunal has held that the accident had occurred on account of rash and negligent driving of the driver and the vehicle was insured with the insurance company at the time of the accident.7. ..... of the case giving rise to this appeal are that the petitioners filed a claim petition before the motor accidents claims tribunal, pithoragarh for grant of compensation on account of death of jas-pal singh in a motor vehicle accident. ..... (deceased) contributes his own money for which he receives the amount has no correlation to the compensation computed as against the tortfeasor for his negligence on account of the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC76
..... not in consonance with the findings of the claimstribunal that the accident was vis-major and we hold that the accident was caused due to rash and negligent driving by the truck ..... the pleadings of the parties, claims tribunal framed following issues:(1) whether the accident resulting in the death of ram singh took place due to rash and negligent ..... reliable evidence in support of defence taken by the respondent, we have no option but to believe the statement of eye-witness kishan n singh, who deposed that the accident was caused due to rash and negligent driving by the truck driver. ..... 1 in favour of the petitioner and held that the accident took place due to vis-major and thus, the petitioners are entitled to get compensation under no fault a scheme under ..... written statement has denied the allegations made in the petition and has submitted that the vehicle in question was insured with the new india assurance company at the time of the accident and the insurance company is liable to pay compensation.5. ..... rise to the present appeal are that the claimants/appellants filed a claim petition before the motor accident claims tribunal, pithoragarh for grant of compensation on account of the death of sri ram singh in a motor accident on 30th october, 1989 at about 5.30 p.m. ..... statement denied the averments made in the claim petition and asserted that since the vehicle in question was insured with the new india assurance company at the time of accident, she is not liable to pay compensation.6. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1378(UHC); (2005)IILLJ1135UC
..... 1 that on 23rd december, 2002, the jeep met with an accident of which sri kamal singh was the owner and the deceased was driving and he was in the employment of sri kamal singh.17. ..... 1, a finding was recorded that the accident had taken place on 23rd december, 2002, in the written statement as it has come in the evidence that the deceased was only a driver and the vehicle belonged to kamal singh defendant no. 2.14. ..... 08-5216, who was the owner of the said vehicle, met with an accident and died on the spot.9. ..... 08-5216 on the date of accident, which he had purchased from respondent no. ..... on the relevant date, when the accident took place, i.e. ..... at the time of accident, he was aged about 27 years and was getting a salary of rs. ..... 2,70,032 as compensation as the deceased was aged about 28 years at the time of accident.20. ..... accident had taken place of the jeep, which was being driven by basudev singh due to which basudev singh died on the spot. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1473(UHC)
..... 2 as well as the report dated 24th november, 1991, under section 240/424/304, it is fully evident that the accident had occurred on the said date and deepak singh rana received grievous injuries as will appear from the post-mortem report. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3112(UHC)
..... the tribunal after considering the oral and documentary evidence on record has found that the accident occurred due to the rash and negligent driving of the driver of the said matador due to which the deceased died on the spot and decided issue ..... the insurance company has stated that it was not given any information about the aforesaid accident under section 158(6) of the motor vehicles act, and as the vehicle was not insured with it, it cannot be held liable to pay any ..... was insured with the united india insurance company at the time of accident and sri ayub ansari had never been employed by him as driver.7 ..... is an appeal arising out: of the judgment and order dated 19.9.2000 passed by motor accident claims tribunal, district udham singh nagar/addl. ..... claims tribunal has held that at the time of accident the deceased was aged about 39 years. ..... has held that the offending vehicle was insured at the time of the accident with united india insurance company.13. ..... at the time of the accident, the deceased was earning a sum of ..... 1 is as to whether the accident had taken place on 11.6.1998 due to the rash and negligent driving by the driver of the matador no. ..... in its written statement has not admitted the factum of accident, but has denied the allegation that the aforesaid vehicle was insured at the time of accident. ..... judge in motor accident claim petition no. ..... application under section 166 of motor vehicles act, the claimants have mentioned the age of the deceased at the time of accident as 39 years. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ758; 2005(2)AWC1486(UHC)
..... case the claims tribunal has dismissed the petition of the appellants on the ground that neither report of the accident was lodged in the police station nor any panchayatnama nor post-mortem examination report has been filed. ..... has been filed against the judgment and award dated 12.11.2003, passed by the motor accident claims tribunal, haldwani, district nainital, dismissing the claim petition of the appellants.2. ..... the claims tribunal has held that the driver of the bus had valid driving licence and at the time of accident the bus was insured with the new india assurance company. ..... the first column gives the age group of the victims of accident, the second column indicates the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of ..... we, therefore, have no hesitation in coming to the conclusion that the accident was caused due to rash and negligent driving by the driver of ..... facts giving rise to the present appeal are that the appellant-petitioners have filed a claim petition before the motor accident claims tribunal, haldwani for grant of compensation on account of death of mr. ..... the age of the deceased at the time of accident was 25 years and thus according to the second ..... are concerned the claims tribunal has held that the bus involved in the accident was validly insured with opposite party no. ..... oral evidence to prove the fact that niyaj ahamad sustained fatal injuries in the accident and died due to such injuries.8. p.w. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC467; 2005(2)AWC1484(UHC)
..... the learned claims tribunal after considering the evidence on record held that the accident took place due to rash and negligentdriving by the bus driver. ..... 1 santosh kumar in his written statement contended that the accident did not take place due to rash and negligent driving by the bus driver. ..... 3,000 per month as he was a driver and at the time of accident he was driving the truck of namdharl. ..... 1 was with regard as to whether the accident took place due to rash and negligent driving of the bus. ..... present appeal has been filed against the judgment and award dated 17.9.2004 passed by the motor accident claims tribunal, udham singh nagar.2. ..... the claimants filed photo copy of the driving licence of the deceased, in which his date of birth has been mentioned as 18.6.1964, therefore, he was about 39 years old at the time of accident. ..... sarbjeet singh sustained fatal injuries in the accident. ..... briefly slated the facts giving rise to the present appeal are that the claimant-appellants filed a claim petition for the grant of compensation on account of death of their son in a motor vehicle accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC204; 2006ACJ2716; 2005(2)AWC1381(UHC)
..... was further held that whenever a tribunal or court is required to fix the amount of compensation in cases of accident, it involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused ..... is an appeal against the judgment and award dated 13.4.2004, passed by the motor accident claims tribunal, pithoragarh, awarding a sum of two lakhs to the appellant.2. ..... speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages ..... far as the compensation for pecuniary loss is concerned, at the time of accident the claimant was 35 years old and he was getting rs. ..... issue was answered in affirmative and it was held that the claimant sustained injuries in the accident due to rash and negligent driving by the jeep driver.5. ..... the owner of the vehicle denied that the accident took place due to rash and negligent driving of the ..... the claimant submitted that the accident was incurred due to rash and negligent driving by the driver of the ..... to the injuries sustained in the accident he has become permanently disabled,3. ..... to the fact as to whether thakur prasad sustained injuries in an accident on 15.6.2002 at about 1 1.00 a.m. ..... petitioner alleged that he sustained grievous injuries in a motor vehicle accident on 15.6.2002 at 11.00 a.m. ..... was decided in affirmative and it was held that the driver had valid driving licence at the time of accident.6. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ2813; 2005(2)AWC1373(UHC)
..... 1 was with regard to the rash and negligent driving by the driver of the vehicle and it was held that the accident had taken place due to rash and negligent driving by the driver of the jeep. ..... 3 was framed regarding valid insurance of the jeep that met with accident and both these issues were answered in affirmative and it was held that the driver of the jeep had valid driving licence and the jeep was insured with the respondent no. 2 ..... brief facts giving rise to the present appeal are that appellants filed a claim petition before the motor accident claims tribunal, champawat, for grant of compensation on account of the death of khim ram in a motor vehicle accident on 8.11.2002 near village gallagaon on barakot-lohaghat motor road. ..... that certificate the date of birth of the deceased has been mentioned as 14.6.1969, meaning thereby that at the time of accident deceased khim ram was 33 years old. ..... vehicle was being driven rashly and negligently due to which it met with accident near gallagaon, khim ram sustained fatal injuries in the accident and he succumbed at the spot. ..... 1 denied that the accident was caused due to rash and negligent driving by the driver of the ..... is an appeal against the judgment and award dated 3.9.2004 passed by the motor accident claims tribunal, champawat.2. ..... in the accident the claimants had lost the life of the only bread earner of the family, therefore, the amount which the deceased was getting during his lifetime to earn the livelihood of his family must be .....
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