Court : Uttaranchal
Reported in : 2007ACJ765
..... as the appellant insurance company has not challenged the finding recorded by the tribunal that deceased rajendra kumar sharma died on account of the injuries sustained by him in the motor accident; the accident occurred due to rash and negligent driving of the driver of the bus and the appellant insurance company was liable to pay compensation to the claimants, we hereby confirm the above findings recorded ..... , on the evidence led by the parties, held that rajendra kumar sharma died on account of the injuries sustained by him in the motor accident on 19.2.2003; accident occurred due to rash and negligent driving of the driver of the bus and the insurer of the bus was liable to pay compensation to ..... the owner of the offending vehicle bus took the plea that the accident did not occur due to rash and negligent driving of the driver of the bus and in case of any liability to pay compensation to the claimants, it would be ..... the other hand, took the plea that the accident occurred due to negligence of the deceased himself.4 ..... 35,10,000 for his death in motor accident on 19.2.2003 when his motor cycle ..... against the award dated 20.1.2004 passed by motor accidents claims tribunal/additional district judge, roorkee, haridwar in motor accident claim case no. ..... five thousand) deposited by the appellant insurance company as mandatory deposit under section 173 of motor vehicles act while filing this appeal against the award, be remitted to the concerned motor accidents claims tribunal immediately. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC442
..... this appeal is against the award dated 3rd august, 2004, passed by the motor accident claims tribunal, nainital for enhancement of the amount of award.2. ..... so far as the compensation is concerned the tribunal has recorded finding that at the time of accident the age of the deceased was 28 years. ..... on the basis of the evidence adduced by the claimants, the claims tribunal has held that the accident had taken place on 25th april, 2000 at 5.30 p.m. ..... according to the complainants at the time of accident the deceased was 26 years of age and he was earning rs. ..... in a motor accident claim case, what is important is that the compensation to be awarded by the tribunal should be just and proper compensation after taking into account all facts and circumstances of the case. ..... the accident in the present case took place in the year 2000. ..... deceased raju was aged 28 years at the time of accident. ..... the conductor of the truck also sustained injuries in the accident. ..... the claimants appellants preferred a claim petition under section 166 of the motor vehicles act, for the grant of compensation on account of the death of sri raju @ sukhwinder @ lakhvinder in a motor vehicle accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2852
..... an owner of a vehicle can only claim provided a personal accident insurance has been taken out. ..... 11,06,000 for his death in motor accident when his motor cycle bearing registration no. ..... claimants pleaded that deceased vijay kumar bahuguna was aged about 45 years on the date of accident and was getting salary of rs. ..... this is claimants' appeal under section 173 of the motor vehicles act, 1988, against the award dated 19.3.2002 passed by the motor accidents claims tribunal/district judge, tehri garhwal in motor accident claim petition no. ..... reverting to the present case, deceased vijay kumar bahuguna, no doubt, died on account of the injuries sustained by him in the accident on 3.8.1997. ..... the claims tribunal, on the evidence led by the parties held that vijay kumar bahuguna died on account of the injuries sustained by him in the said accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ124
..... the tribunal, on the evidence led by the parties, held that deceased sabir saifi sustained injuries in the motor accident on 16.9.2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle, jeep; and the insurer of the jeep was liable to pay compensation to the ..... the owner denied his liability to pay compensation to the claimants on the plea that the accident occurred on account of negligence of the motorcyclist, whereas the insurer of the jeep denied its liability to pay compensation on the plea that the jeep was being plied in breach of the policy conditions and the driver ..... is so because deceased sabir saifi, who was aged about 25 years, was unmarried on the date of the accident and would have got married soon. ..... 11,52,600 for his death in the motor accident on 16.9.2005, when he was dashed by the offending vehicle, jeep bearing registration ..... is claimants' appeal seeking enhancement of the compensation awarded by the motor accidents claims tribunal/additional district judge, haldwani vide award dated 10.5.2006 passed in motor accident claim case no. ..... that apart, in a motor accident case 1 what is important is that the amount awarded as compensation, should be just and proper in the facts and circumstances of a given ..... of learned counsel for the appellants in regard to the conditional payment of interest also deserves an outright rejection as claims tribunal has decided the claim petition within a period of 8 months of the accident.13. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC817
..... tribunal, on the evidence led by the parties, held that claimant satya prasad pant sustained injuries in the motor accident on 18.4.1998 and the accident occurred due to the rash and negligent act of the drivers of both the buses.5. ..... as the tribunal found the drivers of both the buses eqally responsible for the accident and the claimant, himself, was the driver of one of the two buses, he was found entitled to receive 50% of the above amount of compensation of ..... the fact that appellant satya prasad pant sustained injuries in the motor accident on 18.4.1998 was not seriously disputed by the owner, driver and insurer of the private bus bearing registration ..... we do not find any material to disagree with the finding recorded by the tribunal that the appellant, himself, also equally contributed to the accident, the appellant would be entitled to receive only 50% of the above amount of compensation of rs. ..... this is claimant's appeal for enhancement of the compensation awarded by motor accident claims tribunal/district judge, dehradun vide award dated 2.8.2003 passed in ..... up 02-c-6143 contested the claim and pleaded that the accident took place on account of the negligence of the claimant, ..... further pleaded that, on account of the injuries and the fractures sustained by him in the accident, he was rendered unfit to pursue his occupation as bus driver in u.p. ..... it has come in the evidence of the claimant, himself, that even after the accident he is continuing to receive the same salary from u.p. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ568; AIR2007Utr18
..... the owner and driver took the plea that the deceased girl herself was responsible for the accident whereas the insurer denied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle was not holding a ..... shaila died on account of the injuries sustained by her in the accident; the accident occurred due to rash and negligent driving of the driver of the offending vehicle-tata sumo; the driver was holding a valid driving license on the date of the accident; and the insurer of the offending vehicle-tata sumo was liable to pay compensation ..... for the appellant, vehemently argued that the tribunal has erred in holding that the driver of the offending vehicle - tata sumo was holding a valid driving license on the date of the accident and in not deducting l/3rd of the notional income of rs. ..... shaila, aged about 13 years in the motor accident on 30-8-2004 when she was dashed by the offending vehicle - tata sumo ..... appeal against the award dated 28-1-2006 passed by motor accident claims tribunal, dehradun in motor accident claim case no. ..... company to establish that the license, a photo copy whereof was produced before the tribunal (the original in all probability must have been seized by the police in the criminal case relating to the accident) was fake. ..... tribunal that the appellant-insurance company could not establish its defence that the driver of the offending vehicle tata sumo was not holding a valid driving license on the date of the accident.9. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr52
..... which is a composite law for levy and collection of all the taxes on motor vehicles, was enacted with a view to rationalize taxes on motor vehicles and streamline the administration thereof and to establish the road transport accident relief funds so as to provide relief to the passengers or other persons suffering from casualty in the accidents in which public service vehicles are involved. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC98; 2008ACJ1120
..... 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 ..... the tribunal has further observed that since the alleged accident was not a result of rash and negligent driving by the driver of the bus, therefore, the claimant/respondent ..... rastogi, the then district judge/motor accident claims tribunal, chamoli (in short the tribunal), whereby the learned tribunal has allowed the claim petition and awarded ..... 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 ..... though according to the claimants/respondents themselves the bus was over-crowded and full of passengers; but the claimants could not produce even a single person to give the ocular version of the alleged accident before the tribunal. ..... eye-witness of the accident was produced before the ..... was also pleaded that the insurance company was informed about the accident on 14th june, 1995.4. ..... learned tribunal, undisputedly the deceased died as a result offal i 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(2007)ACC109
..... law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation--for the purposes of this sub-section, 'permanent disability' ..... (supra), has laid down thus:section 92a of the act provides that where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay ..... filing written statement stating therein that the insurance company is not liable to pay amount of compensation and that the vehicle alleged to be involved in the accident was not being driven by the person holding a licence and the tractor was insured for compensation risk for rs. ..... it was also alleged that the death of karan singh was not the result of any accident of the motor vehicle but the offending tractor was used for commission of murder of the deceased; hence the insurance company is ..... the requirement being 'death or permanent disablement of any person has resulted from any accident arising out of the use of a motor vehicle', an amount of interim award under section 140 of the 1988 act on account of 'no-fault .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC253
..... against the driver, his handing over to the custody of the police soon after the accident coupled with the testimony of eye-witnesses lead to only inference that the driver of the truck in question was sole responsible. ..... appeal by the owner of the vehicle, under section 110d of the motor vehicles act, 1939 (for short the old act) is directed against the judgment and award dated 30.6.1982 passed by the then motor accident claims tribunal/i additional district judge, nainital (for short the tribunal) passed in claim petition no. ..... at the outset, it may be mentioned that the owner has admitted the accident and has raised the plea that it was the deceased himself, who was driving his motor bike rashly and negligently. ..... the owner-appellant resisted the petition and denied the accident as result of rash and negligent driving, rather it was asserted that the accident occurred due to own negligence of the deceased. ..... 13,50,000 for the death of ravinder nath bakshi in a vehicular accident which occurred on 3.7.1979 between kashipur and ramnagar near village pratappur involving truck no. ..... 6, held that the accident resulting into fatal injuries to the deceased ravinder nath bakshi was caused due to rash and negligent driving by the driver of the offending truck no, utf-3744 alone. ..... of the accident was also lodged with the police and the driver of the offending truck was also apprehended by the witnesses and given in the custody of the police. ..... for the accident. .....
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