Court : Uttaranchal
Reported in : [2008(116)FLR353]
..... 2,550/- per month and he was aged about 40 years at the time of accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ546; 2008(1)AWC96
..... the claims tribunal has also held that the claimant has suffered 60% disability in the accident but as there was no hill endorsement on the driving licence his claim petition was rejected vide impugned judgment and award.11 ..... so far as the amount of compensation is concerned on the date of accident the age of the claimant was held to be 26 years and he was getting rs ..... 2 on the date of accident, the insurance company is liable to pay ..... whether as result of accident, the claimant has become handicapped/ injured and unable to do work ..... 734 as compensation alongwith interest on that amount at the rate of 12% per annum from the date of accident, i.e. ..... , the insurer would not be allowed to avoid its liability towards the insured unless the said breach or breaches on the condition of driving licence is/are so fundamental as are found to have contributed to the cause of the accident. ..... as there was no hill endorsement on the driving licence of the claimant, therefore, he was not authorised to drive the vehicle on hill-roads and as such he is not entitled to get any compensation on account of sustaining injuries in the accident.10. ..... all the papers of the vehicle was valid and the claimant had a valid driving licence at the time of accident?4. ..... employer did not pay any compensation for his injuries in the accident. ..... claimant-appellant has filed a claim petition before the workmen compensation commissioner, for grant of compensation on account of injuries sustained by him in an accident.4. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008(1)AWC94
..... the owner of the offending truck has filed a written statement and has submitted that the accident had taken place due to rash and negligent driving by the driver of truck of the claimant. ..... since the claims tribunal has already come to the conclusion that the accident had taken place due to rash and negligent driving by the truck no. u.p. ..... -5170 was of 1979-80 model when the accident had taken place in the year 1997. ..... the report of the accident was lodged on the same date. ..... as a result of the said accident, the truck of claimant got damaged. ..... by the present appeal, filed under section 173 of motor vehicles act, 1988, the appellant has prayed for setting aside the judgment and award dated 17.7.2003, passed by the motor accident; claims tribunal, nainital in m.a.c.p. no. ..... briefly stated, a motor accident claim petition no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2516
..... the findings recorded by the tribunal that deceased kheemanand died on account of the injuries sustained by him in the motor accident and that the insurer of maruti van was liable to pay compensation to the claimant have, now, attained finality, as the respondents have not filed any appeal against ..... on the evidence led by the parties, held that kheemanand died on account of the injuries sustained by him in the motor accident on 28.1.2004 and the insurer of maruti van was liable to pay compensation to the claimants.6. ..... in the cost of living between 1994 and 2004, the year of the accident, is taken into account, the notional income of rs. ..... the plea that maruti van was being plied in breach of the policy conditions; the driver of maruti van was not holding a valid and effective driving licence; and the accident occurred due to negligence of the driver himself.4. ..... which was being driven by the deceased himself, met with an accident resulting in his death on the spot itself. ..... 000 for his death in motor accident on 28.1.2004 when maruti van bearing ..... kheemanand was 33 years of age on the date of the accident and his widow claimant no. ..... claimants' appeal seeking enhancement of compensation awarded by the motor accidents claims tribunal, pauri garhwal vide award dated 2.6.2005 passed in motor accidents claim petition no. ..... in a motor accident claim case, what is important is that the compensation to be awarded by the tribunal/court should be just and proper compensation in the facts and circumstances .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2251
..... before the 'tribunal' and alleged that the driver of the tractor in question was driving it on wrong side and the accident had occurred due to own fault of its driver as he did not stop the tractor at the spot. ..... this witness has deposed that on the date and time of the accident he along with his friend amarjeet was going to bazpur from rudrapur and when they reached at mehtosh moar, his friend amar singh went to toilet and he was standing near the motor cycle ..... it is also important to mention here that report of the accident was lodged at the police station and after investigation charge-sheet was submitted against the driver of the tractor-trolley in ..... the jeep had no concern with the accident, therefore, the tribunal was justified in holding the sole responsibility of the insurer of the tractor ..... up 04-a 7437 form pant nagar to bazpur, the accident has occurred at mehtosh moar, due to rash and negligent driving of the driver of tractor-trolley ..... has firstly submitted that the accident occurred due to contributory negligence of the jeep as well as the tractor-trolley but the owner and the insurer of the jeep have not been made parties to the claim petition, therefore, the claim ..... he alleged that the accident occurred due to own fault of the ..... the information of the accident was sent to the police station, bazpur on 11.10. ..... at the time of accident and it had valid registration, driving licence, ..... 04-a 7437 drove the vehicle on the wrong side due to which the accident has occurred? .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(115)FLR476]
..... briefly slated the appellant habib ahmed has filed the claim petition for the grant of compensation on account of the death of his son akiz ahmed in an accident, who was employed as mason and constructing the house of umesh chandra srivastnva. ..... the alleged accident occurred due to the own negligence of the deceased and he did not care the electricity line. ..... 89,084/- as compensation along with interest @ 6% per annum from the date of accident.3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(114)FLR1181]
..... not be so liable-(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 1 [three] days;(b) in respect of any 2[injury/ not resulting in death 3[or permanent total disablement] cause by] an accident which is directly attributable to-(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly trained, for the purpose of securing ..... counsel for the appellants has submitted that the workmen compensation commissioner has erred in by holding that at the time of accident the deceased was not performing his duty and he was not employed with the respondent no. 1. ..... up 03/0057 was insured with the united india insurance company at the time of accident and all the papers of the vehicle were valid?4. ..... on 12.3.1993 the vehicle met with accident and rolled into the khadd between tejam and kweeti. ..... sri hemant sustained fatal injuries in the accident and he died at the spot. ..... 1 habil singh and died due to accident during his employment?2. ..... 1 has admitted the factum of accident. ..... claimant appellants filed a claim petition under workmen compensation act, for the grant of compensation on account of the death of her husband late hemant singh in an accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(115)FLR1088]
..... his employer did not pay any compensation for the death of kishor singh in the accident.the opposite party has admitted that the son of the claimant sri kishor singh was employed as a ..... filed a claim petition before the workmen compensation commissioner, chamoli for grant of compensation on account of death of her son in a motor vehicle accident.briefly stated the son of the claimant namely kishor singh was employed as a driver in bus no. ..... liable to pay the compensation as soon-as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. ..... that section provides that the employer shall be liable to pay compensation if 'personal injury is caused to a workman by accident arising out of and-in the course of his employment'. ..... in the instant case, the accident took place after the amendment and, therefore, the rate of 12% as fixed by ..... died in a motor vehicle accident during his employment on ..... is liable to pay compensation.parties adduced evidence and on the basis of evidence on record the commissioner has held that kishor singh was employed as a driver in the bus and he died due to accident during his employment. ..... at the time of accident the age of the deceased was 26 years and he was ..... act, there are no provisions corresponding to those in the motor vehicles act, insisting on the insurer covering the entire liability arising out of an award towards compensation to a third party arising out of a motor accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(114)FLR837]
..... [(1-a)notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman in respect of an accident occurred outside india,, the commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the workman in accordance with the law of that ..... of the first half-monthly payment, as the case may be; and(b) no half-monthly payment shall in any case exceed the amount, if any by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages, which he is earning, after the ..... --where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries. ..... defendant has admitted that his leg was injured in the accident but after recovery he was doing work as a normal ..... the appellant has urged that the workmen's compensation commissioner has wrongly directed to pay interest from the date of accident while it should be fixed from the date of adjudication. ..... below has directed the defendant to pay interest on the amount of compensation @ 6% per annum from the date of accident till 29.11.2000 which was calculated to be rs. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1966
..... to any property of a third party so arising, or both, could 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 be. ..... do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even ..... section is sub-section (4) which provides that 'the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under ..... present appeal are that the appellant has filed a claim petition before the motor accidents claims tribunal, chamoli for grant of compensation on account of death of lalji ram in a motor vehicle accident on 31.7.1986 at 12 noon near hanuman chatti, district chamoli garhwal, involving bus ..... was paid under public welfare and social security scheme of the government and as such the ex gratia payment cannot be deducted from the amount of compensation awarded by the motor accidents claims tribunal, as held by the apex court in united india insurance co. .....
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