Court : Uttaranchal
Reported in : 2006ACJ666
..... therefore, we set aside the said finding and we hold that on the basis of this evidence, which is on record, the accident took place due to rash and negligent driving of the driver of truck no. ..... 1, 2 and 3 together and held that rajendra singh, who was an eyewitness of the accident, was not examined by the claimants in support of his case. ..... the defence was set up that aecidentt did not take place by the truck as at the time of accident the truck in question was in banbasa at the border of nepal. ..... brief facts of the case are that the accident took place on 19.1.1989 when the deceased dinesh s/o shambhoo lal was coming on cycle with rajendra s/o ram kumar for harvesting fodder for the animals ..... on record, which clearly establishes the occurrence of accident and death of the deceased by the truck no ..... who stated in his statement that he had seen the accident and had noted the truck number. ..... (3) whether at the time of the accident the truck in question was being driven rashly and negligently as alleged by the ..... whether the truck in question was somewhere else at the time of accident as alleged by opposite party nos. ..... the motor accidents claims tribunal framed the following issues:(1) whether the death of deceased was caused in the accident by truck bearing no ..... this is an appeal filed under section 110-d of the motor vehicles act, 1939 against the judgment and order dated 11.5.1990 passed by first additional district judge/motor accidents claims tribunal, nainital in motor accident claim case no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC14
..... the claims tribunal framed as many as four issues and after considering the evidence on record has held that the accident took place due to rash and negligent driving by the truck driver. ..... opposite parties have filed written statement and denied that the accident had taken place due to rash and negligent driving by the truck driver. ..... 2 the claim tribunal has held that the union of india is the owner of the truck involved in the accident and as such union of india is liable to pay compensation to the claimants. ..... 5 nakul bhaskar the claims tribunal has held that the accident took place due to rash and negligent driving by the truck driver. ..... due to the injuries sustained in the accident ghanshyam singh and govind singh had expired and diwan singh sustained grievous injuries. ..... both these appeals arising out of the same judgment and award passed by the motor accident claims tribunal, dehradun in case nos. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)ACC826
..... in thf appeal before this court, the judgment and award passed by the claims tribunal has been assailed on the limited ground that at the time of accident the driver m the bus in question has a valid driving licence. ..... the claims tribunal has held that the accident was caused due to rash and negligent driving of bus no ..... the injured or relatives of person killed in the accident may find that the decree obtained by them is only a paper decree as the owner is a man of straw ..... judgment and award dated 20.11.2003 passed by the motor accident claims tribunal, hardwar is set aside. ..... that in order to avoid liability it is not sufficient to show that the person driving at the time of accident was not duly licensed. ..... the deceased sustained fatal injuries in the accident and succumbed instantaneously. ..... patni, counsel for the insurance company, has submitted that since the licence has been filed in appeal, it requires scrutiny by the claims tribunal concerned and the case should be remanded back to the motor accident claims tribunal.9. ..... (3) whether the accident was caused due to mechanical failure of the bus ..... on the pleadings of the parties the following issues were framed:(1) whether the deceased nitin died due to the accident involving bus no. ..... to take an example, suppose a vehicle is stolen while it is being driven by the thief there is an accident. ..... stated the facts giving rise to the present appeal are that claimants filed a claim petition on account of the death of nitin in a motor vehicle accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ1961
..... 1 that though there were several passengers travelling in the bus, but none of them has been produced to give ocular account of the said accident to testify that the bus was being driven rashly and negligently by its driver. ..... she has also admitted that she was informed of the accident by someone; but neither she could name the said person nor has produced him for the reasons best known to her. ..... 4, the tribunal has observed that since the alleged accident was not a result of rash and negligent driving by the driver of the bus, therefore, claimants are not entitled to any compensation under section 166 of the motor vehicles act. ..... rastogi, the then district judge/motor accidents claims tribunal, chamoli (in short 'the tribunal'), whereby learned tribunal has allowed the claim petition and awarded rs. ..... it is also alleged that had the accident not occurred, the deceased would have served the department for 17 years more and he would have spared amount of rs. ..... bus rashly and negligently, though, according to claimants-appellants themselves the bus was overcrowded and full of passengers; but the claimants could not produce even a single person to give ocular version of the alleged accident before the claims tribunal. ..... according to learned tribunal, undisputedly the deceased died as a result of fall from the roof of the bus, but there was nothing on record to indicate that due to sudden and faulty application of brakes, the said accident took place. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC258; 2005ACJ104
..... after recording the evidence of the parties and hearing them, learned presiding officer of the tribunal has found that the accident in question has taken place due to rash and negligent driving on part of the driver, who was employed by the opposite party no. ..... the learned presiding officer of the tribunal after examining the pleas, framed following issues:(i) whether the accident in question occurred on account of negligence in driving on the part of the driver of bus having registration no. ..... in the written statement before the trial court, the owner of the vehicle has admitted the accident and death of the passengers including that of ram singh bhandari. ..... rai, the then learned iii additional district judge/ presiding officer, motor accidents claims tribunal, nainital (camp at haldwani) whereby in m.a.c. ..... (iv) whether on the date of the alleged accident the opposite party no. ..... (iii) whether in the accident in question, ram singh bhandari, the husband of the petitioner and father of petitioner nos. ..... 4 on the date of accident, if so, its effect?5. ..... 2 and 3 had died in the accident? .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC89; 2005ACJ794
..... the learned claims tribunal after recording the evidence has held that the accident was caused due to rash and negligent driving of the bus in question. ..... has stated that the owner and driver of the bus in question have violated the terms and conditions of the insurance policy.on the pleadings of the parties the following issues were framed:(1) whether the accident in question was caused due to rash and negligent driving of bus no. ..... when the bus reached near burao pahar, it met with accident and rolled into khad causing the death of the deceased persons.3. ..... the learned claims tribunal has held that the accident was caused due to rash and negligent driving of the bus in question and it was not due to overloading of the bus. ..... the injured or relatives of person killed in the accident may find that the decree obtained by them is only a paper decree as the owner is a man of straw. ..... , that in order to avoid liability it is not sufficient to show that the person driving at the time of accident was not duly licensed. ..... briefly stated the facts giving rise to the present appeal are that ten claim petitions under section 166a of the motor vehicles act, have been filed by the claimants for compensation in respect of the accident which took place on 8.5.1993 at 8.30 a.m. ..... he denied that the accident was the result of rash and negligent driving of the bus. ..... present appeal has been filed against the judgment and award dated 12.8.1997 passed by the motor accidents claims tribunal, nainital.2. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ1304
..... 1 in favour of the petitioners and has held that the accident took place due to rash and negligent driving by the driver of the vehicle in question. ..... they have admitted the accident and death of the deceased in the motor vehicle accident but denied that the accident took place due to rash and negligent driving of the vehicle.5. ..... it has been alleged by the petitioners that the accident was caused due to rash and negligent driving by the driver of the vehicle in question. ..... this is an appeal against the judgment and award dated 24.2.1996 passed by the motor accidents claims tribunal, uttarkashi.2. ..... the petitioners have stated that the deceased died in a motor vehicle accident on 5.12.1992 at 3.30 p.m. .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2004)ACC770
..... 5, the national insurance company in its written statement has stated that the accident was taken place due to the rash and negligent driving by the driver of truck ..... the basis of evidence on record the learned tribunal has rightly come to the conclusion that the accident took place due to rash and negligent driving by the driver of truck no. ..... 3264 was carrying more than the prescribed number of passengers and that the accident took place due to contributory negligence of both the truck drivers.10. ..... this witness has categorically stated that the accident occurred due to rash and negligent driving by the driver of truck ..... present appeal has been filed against the award dated 28th september, 2003 passed by the motor accident claims tribunal, hardwar in estiyak and ors. v. ..... the date, time and place of accident have not been disputed by the ..... the learned motor accident claims tribunal has held that the accident took place due to rash and negligent driving of truck ..... they also denied that the accident took place due to the rash and negligent driving by the driver of truck ..... stated that he lodged report of the accident with the police. ..... the pleadings of the parties the following issues were framed:(1) whether sri akhalakh died in a motor vehicle accident on 24/25th november, 2000 at 12.30 a.m. ..... (2) whether the accident took place due to rash and negligent driving by the driver of ..... the facts giving riserto the present appeal are that akhalakh died in a motor vehicle accident on 25;th november, 2000. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)ACC138
..... 5, the national insurance company in its written statement, has stated that the accident was taken place due to the rash and negligent driving by the driver of truck ..... basis of evidence on record the learned tribunal has rightly come to the conclusion that the accident took place due to rash and negligent driving by the driver of truck no. ..... 3264 carrying more than the prescribed number of passengers and that the accident took place due to contributory negligence of both the truck drivers.10 ..... this witness has categorically stated that the accident occurred due to rash and negligent driving by the driver of ..... the date, time and place of accident have not been disputed by the ..... the learned motor accident claims tribunal has held that the accident took place due to rash and negligent driving of ..... they also denied that the accident took place due to the rash and negligent driving by the driver of ..... appeal has been filed against the award dated 28.9.2003 passed by the motor accident claims tribunal, hard war in m.a.c. no. ..... stated that he lodged report of the accident with the police. ..... (4) whether the accident took place due to over loading of passengers by ..... (2) whether the accident took place due to rash and negligent driving by the driver of ..... pleadings of the parties the following issues were framed:(1) whether sri akhalakh died in a motor vehicle accident on 24/25.11.2000 at 12.30 a.m. ..... the facts giving rise to the present appeal are that akhalakh died in a motor vehicle accident on 25.11.2000. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC239
..... they have admitted the death of sri mohan lal juyal in motor vehicle accident but have denied that the accident took place due to rash and negligent driving by the rider of motor cycle or by the driver of the truck. ..... on the pleadings of the parties the following issues were framed:(1) whether the accident, if any, took place due to negligent and rash driving of truck driver? ..... rise to the present appeal are that the appellants-petitioner have filed a claim petition under section 110 of motor vehicles act, for grant of compensation on account of death of sri mohan lal juyal in a motor vehicle accident, the petitioners have stated that on 14th december, 1984 at about 1.40 p.m. ..... 1 and 2 learned claims tribunal has held that the accident took place due to rash and negligent driving by the driver of the truck as well as by the rider of motorcycle and both issues were decided in favour of the petitioners and against the respondents.6. ..... this is an appeal against the judgment and award dated 27th october, 1987 passed the motor accident claims tribunal, dehradun.2. ..... (2) whether any accident took place due to rash and negligent driving of motor cycle by sepoy trilok singh, driver of o.p. no. ..... 4,20,480/- on account of death of sri mohan lal juyal in the accident.3. .....
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