Court : Uttaranchal
Decided on : Apr-13-2006
Reported in : 2007ACJ1868
Rajeev Gupta, C.J.1. Mr. Pankaj Purohit, Advocate for the appellant.Mr. R.P. Nautiyal, Advocate for the respondent No. 1.None for respondent Nos. 2 to 5.2. Though the appeal is listed today for hearing on C.L.M.A. No. 4170 of 2006, with the consent of the learned Counsel for the parties, the appeal is finally heard.3. 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. Case No. 50 of 2004.4. Claimant Anil Maikhuri claimed compensation of Rs. 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. UP 07-E 3205 was dashed by the offending vehicle Ambassador car bearing registration No. UA 07-C 7637 resulting in serious injuries to Sushil Kumar Maikhuri, who was taken to Doon Hospital, where the doctors declared him dead. The claimant pleaded that the deceased Sushil Kumar Maikhuri was a ...
Tag this Judgment!Court : Uttaranchal
Decided on : Mar-27-2006
Reported in : II(2007)ACC182; 2008ACJ151
Rajeev Gupta, C.J.1. They are heard.2. This is claimant's appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal/Addl. District Judge, Udham Singh Nagar vide Award dated 12.6.2000 passed in Motor Accident Claim Petition No. 201 of 1999.3. Claimant Sanjay Kumar Verma claimed compensation of Rs. 53,00,000 (Rupees fifty-three lakh only) for the injuries suffered by him in the motor accident on 12.8.1998 when the bus bearing registration No. 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 including the claimant. The claimant further pleaded that he used to earn Rs. 5,000 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. Respondent Haryana Roadways, while admitting the fact of the accident, ...
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-26-2006
Reported in : II(2007)ACC442
..... , 2004, passed by the motor accident claims tribunal, nainital for enhancement of the amount of award.2. 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. according to the claimants ..... the claimants along with pendente lite and future interest at the rate of 9% per annum.7. the claimants have filed the present appeal under section 173 of the motor vehicles act, for enhancement of the amount of compensation. counsel for the appellants mr. z.u. siddiqui has submitted that the income ofthe deceased has wrongly ..... annum on the basis of the notional income requires reconsideration. the notional income of rs. 15,000 per annum in the second schedule under section 163-a of the motor vehicles act was prescribed in the year 1994. the accident in the present case took place in the year 2000. if the depreciation in the purchase value .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-18-2006
Reported in : 2007(1)AWC986(UHC)
Prafulla C. Pant, J.1. By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 31.8.1999 (Annexure-3 to the writ petition), whereby the services of the petitioner are terminated. A mandamus has also been sought commanding the respondents to permit the petitioner to work on the post of junior clerk, held by him. Further mandamus has been sought commanding the respondents to regularly pay salary for the post held by the petitioner.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that in the year 1998, posts of junior clerks were created in various Government institutions in district Nainital. An advertisement is made for recruitment to the post of junior clerks. Pursuant to the advertisement, the petitioner made an application, for his appointment on the post of junior clerk. He was appointed ...
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-01-2006
Reported in : 2007ACJ2383
..... deceased assessed by the tribunal at rs. 15,000 per annum requires reconsideration, as the notional income of rs. 15,000 in the second schedule under section 163-a of the motor vehicles act was prescribed in the year 1994 and the accident, in the present case, took place in the year 2003. if depreciation in the purchase value of ..... by them, the tribunal was left with no other option but to assess her income on the basis of notional income prescribed in the second schedule under section 163-a of the motor vehicles act.9. the findings recorded by the tribunal that claimants' daughter ranjeet kaur died on account of the injuries sustained by her in the motor accident on ..... income of the deceased and assessed her income at rs. 15,000 per annum on the basis of the notional income prescribed in the second schedule under section 163-a of the motor vehicles act. by deducting 1/3rd of rs. 15,000 as the personal expenses of the deceased, claimants' dependency was assessed at rs. 10,000 per annum. .....
Tag this Judgment!Court : Uttaranchal
Decided on : May-02-2006
Reported in : 2006CriLJ4181
..... in a catena of decisions reported subsequently, has clearly observed that 'in view of the amended provision under section 2 of the dowry prohibition act, 1961 the additional demand of dowry would certainly fall under section 2 of the dowry prohibition act.' the death in the instant case has admittedly taken place in the house of the appellant within three ..... . 3 against the accused.5. on committal of the accused to the court of session, the sessions judge framed charges under sections 498-a i.p.c. 304-b i.p.c. and section 3/4 dowry prohibition act, against the accused. he pleaded not guilty and claimed his trial.6. the prosecution to prove its case examined eight witnesses ..... prosecution has successfully brought home the guilt of the appellant of an offence punishable under section 304-b., i.p.c. as well as under section 304-b, i.p.c. as well as under section 498-a, i.p.c. and section 3/4 dowry prohibition act. the conviction of the appellant is therefore upheld.40. the learned counsel for .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-29-2006
Reported in : AIR2007Utr46
..... fact was brought to the notice of the court by way of filing objection by the appellant against the application of the respondents filed under section 9 of arbitration and conciliation act, 1996.21. learned district judge, without hearing the affected party, has granted the interim injunction restraining the corporation from creating any third party ..... appellant.11. learned counsel for the appellant has further pleaded that learned district judge while allowing partly the petition of the respondents under section 9 of the arbitration and conciliation act, 1996 has exceeded in its jurisdiction in passing the impugned judgment by overlooking the objections of the appellant especially when the contract ..... in o.s. nos. 17 to 22 of 2006.3. the learned district judge has disposed of all the aforesaid seven applications under section 9 of the arbitration and conciliation act, 1996 by a common judgment, thus, all appeals are also being disposed of by common judgment.4. brief facts of the case are .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-01-2006
Reported in : 2008ACJ832
..... satisfied is just and proper compensation in the facts and circumstances of the present case.21. for the foregoing reasons, appeal filed by the claimants under section 173 of the motor vehicles act is allowed in part. compensation of rs. 1,20,000 awarded by the tribunal is enhanced to rs. 2,02,000 (rupees two lakh and ..... basis of the notional income. the notional income of rs. 15,000 per annum in the second schedule under section 163-a of the motor vehicles act was prescribed in the year 1994.13. section 163-a of motor vehicles act reads as follows:163-a. special provisions as to payment of compensation on structured formula basis.-(1) notwithstanding anything ..... contained in this act or in any other law for the time being in force or instrument having the force of .....
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-26-2006
Reported in : 2007ACJ765
..... with the registry and the amount of rs. 25,000 (rupees twenty-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. the claims tribunal shall disburse the balance ..... , advocate with mr. manish dalakoti, advocate, the learned counsel for appellant insurance company submitted that as appellant insurance company was granted permission under section 170 of motor vehicles act to contest the claim on all available defences, the quantum of compensation is being challenged in this appeal. learned counsel submitted that the tribunal has ..... certificate of the deceased; the selection of multiplier of '15' is in line with the multiplier prescribed in the second schedule under section 163-a of the motor vehicles act and award of interest at the rate of 9 per cent per annum was on the basis of the prevalent rate of interest .....
Tag this Judgment!Court : Uttaranchal
Decided on : Mar-06-2006
Reported in : AIR2007Utr32
..... were that of landlord and tenant and, not that of licensor and licensee, as alleged and proved by the plaintiff.9. the word 'license' has been defined in section 52 of the easement act, 1882 (5 of 1882), which reads as under:52. 'license' defined -- where one person grants to another, or to a definite number of other persons ..... such right does not amount to an easement or an interest in the property, the right is called license. 10. the expression 'lease' is defined in section 105 of transfer of property act, 1882 (4 of 1882), as under:105. lease defined -- a lease of immovable property is a transfer of a right to enjoy such property, mode ..... civil procedure, 1908.answer regarding submission (a) i.e. jurisdiction:14. learned counsel for the defendant/appellant drew attention to this court to sub-section (2) of section 15 of the provincial small cause courts act, 1887, as amended by state of uttar pradesh and argued that the trial court has no jurisdiction to try this suit. the relevant sub .....
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