Court : Uttaranchal
Reported in : II(2006)ACC461; 2007ACJ950
..... if the said amount with interest is not paid to the claimants or deposited before the motor accidents claims tribunal concerned, within a period of one month, from today, the respondent oriental insurance co ..... the driver of the vehicle in question, harish singh, while contesting the claim petition has admitted the accident but pleaded that he was neither rash nor negligent in driving the vehicle. ..... 1 was decided by the tribunal with the finding that nandan singh did die in the accident on 5.7.1999 while travelling in jeep bearing registration no. ..... girdhar gopal, pw 2, is the eyewitness of the accident who was travelling with the deceased in the jeep bearing registration no ..... it is not disputed that the vehicle was insured, at the time of accident, with respondent oriental insurance co. ..... witness has further stated that nandan singh died in said accident and he himself received injuries. ..... the motor accidents claims tribunal framed following issues in the matter:(1) whether nandan singh died in an accident on 5.7.1999 on pauri-sri nagar road while travelling in vehicle registration no ..... after the death of nandan singh, aforesaid claimants filed a claim petition before the motor accidents claims tribunal, chamoli, claiming rs. ..... the claim and pleaded that the deceased was not a valid passenger nor the vehicle was being plied, at the time of the accident, with proper documents.4. ..... is further pleaded by the owner that the vehicle was insured at the time of the accident with oriental insurance co. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC44
..... instead, he made every effort to avoid the accident and took the bus into kuchcha on the left side of the road and the bus stopped after it dashed with a standing truck and a tree. ..... whether, the impugned accident took place due to the rash and negligent driving on the part of the driver of the bus u.g.y. ..... we are in agreement with the finding of the learned tribunal that from the evidence of pw 2, raj kumar, an eye-witness of the accident, it is established on the record that it was the driver of the bus who was rash and negligent in driving the vehicle at the time of the accident.8. ..... on the basis of the pleadings of the parties, following issues were framed by the learned motor accident claims tribunal:1. ..... these two appeals, preferred under section 173 of the motor vehicles act, 1988, are directed against the judgment and award dated 21st august, 2001 in motor accident claims case no. ..... 1526 of 2001 challenging the impugned award on the ground that there was no fault on the part of the driver of the bus rather there was contributory negligence on the part of the scooterist in the accident.6. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ2966
..... rupture of a normal spleen is very rare, unless caused by considerable crushing and grinding force such as the passing of a carriage or motor car over the body, or by a crush in a railway accident, or by a fall from a very high place and in such cases it is usually associated with the injuries to other solid organs and to the ribs overlying the spleen. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ1868
..... the tribunal on the evidence led by the parties held that the deceased sushil kumar maikhuri died on account of the injuries sustained by him in the accident; the accident occurred due to rash and negligent driving of the driver of the offending vehicle ambassador car and the insurer of the offending vehicle ambassador car was liable to pay compensation to the parents of the deceased.7. ..... this is insurer's appeal against the award dated 9.5.2005 passed by the motor accidents claims tribunal/additional district judge, fast track court-iv, dehradun in m.a.c.t. ..... the owner of car while admitting the accident pleaded that the accident did not occur due to negligence of the driver and as such denied his liability to pay compensation to the claimant. ..... 15,30,000 for the death of his brother sushil kumar maikhuri in motor accident when on 18.12.2003 his motor cycle bearing registration no. ..... 5,22,000 as compensation to the parents of the deceased for the death of their son sushil kumar maikhuri in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2006)ACC919
..... 15e 7863, in which he was travelling with his sister from nazibabad to haridwar, met with an accident due to the rash and negligent driving of its driver and resulted in serious injuries to sunil kumar leading to his death. ..... the tribunal, on the evidence led by the parties, held that sunil kumar died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driving of the driver of the bus. ..... respondent uttaranchal road transport corporation contested the claim and pleaded that the accident did not occur on account of the negligence of the driver of the bus, but it was due to sudden failure of the steering and' as such, the corporation is not liable to pay compensation to the claimants.5. ..... this is claimants' appeal for enhancement of the compensation awarded by motor accident claims tribunal/district judge, udham singh nagar vide award dated 13.1.2006 passed in macp no. ..... 5,51,000 (rupees five lakh and fifty one thousand only) for his death in the motor accident on 1.9.2004 when the bus bearing registration no. up. ..... 2,44,000 was awarded as compensation to the claimants for the death of sunil kumar in the motor accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC53; 2008ACJ900
..... manu/sc/0163/2004 : air2004sc1742 , the apex court has observed that 'motor accident insurance company neither pleading nor leading evidence that the offending driver had no licence--claims tribunal awarding compensation--held, quantum of compensation cannot be challenged and the only ground open to the insurance company is ..... so far as the validity of driving licence of the truck driver on the date of accident is concerned, it is incumbent upon the insurance company to lead evidence to the effect that the owner/insured was guilty of negligence or failed to exercise reasonable care in that regard so as to absolve itself from the liability of payment of compensation ..... the amount in deposit with this court, if any, be transmitted to the motor accident claims tribunal concerned for being paid to the claimants. ..... kunwari devi, the claimant, sustained injuries in a motor vehicle accident on 1.4.1997 due to rash and negligent driving by the driver of truck no. u.p ..... it has been stated that the truck in question was going from basukedar to guptakashi and at the place of accident, the road was blocked by mob of the people. ..... he has admitted the motor accident involving truck in question as well as ownership and insurance of the ..... this appeal under section 173 of the motor vehicles act, 1988 (for short the act) is directed against the judgment and award dated 6.10.1999, passed by the motor accident claims tribunal/district judge, chamoli (in short the tribunal) in motor accident claim petition no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC262; 2007ACJ1412
..... 4, the owner of the truck, also contested the claim petition by filing separate written statement in which it was alleged that his vehicle was in the extreme left of the hill road and the accident in question has not occurred due to negligence on the part of the driver of the truck, narain singh. ..... utf 4293 was not stationary at the time of the accident and the accident has occurred due to rash and negligent driving on the part of the driver of the truck registration no. ..... it is further alleged that deceased was 24 years of age at the time of accident and was employed in hindustan petroleum corporation ltd. ..... in the present case, from the evidence on record it appears that the width of the road on the particular place where the accident in question occurred is 16 ft. ..... (2) whether, the accident took place due to rash and negligent driving on the part of the driver of the truck registration no. ..... utf 4293 was stationary when the accident took place? ..... it appears that when the aforesaid bus and the truck were crossing each other an accident took place. ..... it is also established from the evidence on record that the deceased kedar singh negi was travelling in the bus in question when the accident occurred. ..... 23,466 on account of the fact that the contributory negligence on the part of the deceased was 2/3rd in the accident in question. ..... utf 4293 was insured at the time of the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC473
..... 1, owner and driver of the vehicle, filed his written statement admitting that the accident did take place but that was so due to some technical fault in the vehicle. ..... 2, virender singh, as such, this court has no hesitation in holding that the accident had occurred due to the rash and negligent driving on the part of the driver of the vehicle in question.6. ..... anita devi died in the accident while she was travelling in jeep registration no. u.p. ..... it is also admitted fact between the parties, that appellant jagat singh was the owner and driver of the vehicle, at the time of the accident. ..... anita devi died in the accident? ..... it was further pleaded in the written statement that the owner of the vehicle was not having valid driving licence and registration certificate of the vehicle at the time of the accident. ..... , at the time of the accident. ..... 1, jagat singh, who was owner as well as driver of the said vehicle, resultantly, the vehicle fell in a gorge and anita devi died in the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC182; 2008ACJ151
..... the tribunal, on a close scrutiny of the evidence led by the parties, held that claimant sanjay kumar verma suffered injuries in the accident; the accident occurred due to rash and negligtent driving of the bus driver; the injuries suffered by the claimant resulted in permanent disability to the extent of 100 ..... rupees three lakhs only) awarded by the tribunal is too low in comparison to the serious injuries suffered by the claimant in the accident and the fact that those injuries resulted in permanent disability to the extent of 100 per cent. ..... per month from his shop and, on account of the injuries suffered by him in the accident, the lower part of his body has become paralysed rendering him unfit to pursue his occupation.4 ..... the findings that claimant sanjay kumar verma sustained injuries in the accident and the accident occurred due to rash and negligent driving of the bus driver, have now attained finality, as the respondent has not filed any appeal ..... respondent haryana roadways, while admitting the fact of the accident, pleaded that the accident did not occur due to the rash and negligent driving of the bus driver and as such, it was not liable to pay compensation to ..... hr07 pa 0197, in which he was travelling, met with an accident due to rash and negligent driving of its driver and fell in a ditch resulting in multiple injuries to several bus passengers ..... fifty-three lakh only) for the injuries suffered by him in the motor accident on 12.8.1998 when the bus bearing registration no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC493; 2007ACJ69
..... 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 three days;(b) in respect of any injury, not resulting in death or permanent total disablement caused 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 framed, for the purpose of securing ..... due to the injuries received in the accident, his left hand was amputated below elbow. ..... no doubt, the lineman could have observed better safety measures and he could have avoided the accident. ..... from the evidence on record, it is clear that it is admitted to the parties that claimant was in the employment with the respondent and working as a lineman on the date of the accident. ..... the claimant-appellant was 53 years old at the time of the accident. .....
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