Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : Dec-08-2006
..... or damage to the case property by fire or accident and further the accident had taken place due to negligence of insured or criminal act of servant and further the vehicle is damaged due to fire or explosion or accident. since, the accident had taken place due to negligence of crane driver and not the truck tanker driver, so, ..... against the back side of the tanker and, thus, caused the accident and petrol started leaking from the tanker and spread over the road. upon his statement case under section 279, 337, ipc bearing no. 18/97 was registered by the police. thus, according to the version contained in ex. c-2, accident had been caused by the ..... the said vehicle provided that fire or accident has arisen on account of negligence of the insured or negligence or criminal act of his servants and further provided that the vehicle is damaged by such fire or explosion or accident, and a claim in respect thereof is admitted under the motor comprehensive insurance policy covering the vehicle. the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : Feb-10-2006
..... of torts, ratanlal and dhirajlal (edited by justice g.p. singh), referred to hereinabove, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three : duty, breach and resulting damage. (2) a simple ..... there was no post operative complications attributable to them, nor there was any defect in the surgery/treatment/implant. thus, they were not liable for any act of negligence as no negligence was attributable to them. therefore, they prayed that the complaint be dismissed with heavy costs being fictitious in nature. 15. parties ..... although he was required an immediate surgical treatment for his massive internal bleeding and the doctors attending upon him discharged him without performing the above mentioned acts. 5. it was further averred that due to negligence of doctors by not bothering to look into the internal and external injuries caused to the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : Mar-08-2006
..... tribunals in interpreting the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defence available to the insured under section 149(2) of the act. 18. sh. manjinder singh, owner of the bus had sworn affidavit dated 8.4.2003 in which he stated that the driving licence of gurjit ..... ), observed as under: (iii) the breach of policy condition e.g., disqualification of driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, have to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification ..... them is valid or not. thus, where the owner has satisfied himself that the driver has a licence and is driving competently there would be no breach of section 149(2)(a)(ii). the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake the insurance company would .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : May-04-2006
..... under the hire purchase agreement then the purchaser / complainant is a mere bailee and as such does not come under the definition of conumser as defined under the consumer protection act, 1986. to the same effect, is the authority of the honble national commission delivered in revision petition no. 367 of 1998 titled, tata finance limited v. marjan hosan and others ..... agreement and as such he was mere bailee and not owner of the vehicle and as such does not come under the definition of the conusmer under the consumer protection act, 1986. it denied the other allegations and stated that there was routine jobs regarding the vehicle which it has satisfactory performed. respondent no. 2 also denied the allegations of the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : Sep-26-2006
K.C. Gupta, President: 1. This appeal has been directed by OP No. 2 against order dated 18.4.2006 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (hereinafter to be referred as District Consumer Forum) vide which the complaint of Sh. Mohinder Singh-respondent was accepted with costs of Rs. 1,100 and appellant and OP No. 1 (as mentioned in the complaint) were directed to pay Rs. 85,132 along with interest @ 7% p.a. from the date of repudiation of the claim i.e. 17.11.2004 till payment. 2. Briefly stated the facts are that respondent (complainant) purchased Maruti Car (ZEN) LXI bearing No. CH-03-K-5552 in the name of her daughter-in-law Smt. Harbinder Kaur. It was got insured with the National Insurance Company Limited i.e. OP No. 1 (as mentioned in the complaint) vide policy No. 7421176 which was valid from 28.2.2004 to 27.2.2005, the copy of insurance policy is Annexure C-1. Later on Smt. Harbinder Kaur sold the said car in favour of the respondent and it was d...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : Oct-05-2006
K.C. Gupta, President: 1. None is present on behalf of the respondent, although Sh. Ashwani Verma, Advocate had appeared on behalf of respondent on the last date of hearing. Hence, respondent is proceeded against ex parte. 2. There is a delay of 7 days in filing the appeal. An application accompanied by duly attested affidavit of Sh.V.K. Singla, Executive Engineer has been filed. For the reasons stated in the application, the delay is condoned. 3. Briefly stated the facts are that the respondent Sh. Bag Ram had taken on lease land measuring 16 canals situated in the revenue estate of Village Chankothi, Tehsil Ratia, District Fatehabad from Sh. Govind. The said land was having tubewell and the electric connection was in the name of Govind bearing No. JD/03. The respondent was using the tubewell of Govind to irrigate the land. 4. The over-hanging cable passed through the field of Govind. On 24.4.1998 there was a sparking from the cables as a result of loose cables due to which wheat crop...
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