Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : II(2007)ACC490; 2008ACJ979
Adarsh Kumar Goel, J.1. This appeal has been preferred by the Insurance Company against the award of the Tribunal awarding a sum of Rs. 4,19,000 on account of death of Inderjeet Singh.2. Case of the claimants is that on 5.7.2003, at 5.40 p.m., the deceased was travelling on a scooter from Sirsa to Ding. He was hit by vehicle driven rashly and negligently by Mange Lal resulting in death of Inderjit Singh and injuries to Gurbachan Singh claimant, son of the deceased. The driver ran away. The deceased was medically examined and treated for about 40 days in different hospitals and finally died, on account of injuries suffered, on 14.8.2003. Post-mortem examination was conducted and FIR dated 14.8.2003 was lodged.3. The driver and owner of the vehicle as well as the Insurance Company contested the claim.4. Following issues were framed:1. Whether the accident in question had taken place due to rash and negligent driving of Truck-Troll a No. HR-38E/9871 resulting into the death of Inderjeet S...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-2006
Reported in : I(2007)ACC599
..... ,000 towards expenses for performing last rites.5. learned counsel for the insurance company submitted that the claim petition was filed under section 163a of the motor vehicles act, 1988 (for short, 'the act'), wherein, the income of the deceased was alleged to be more than rs. 40,000, which could not be scaled down ..... supreme court in deepal girish bhai soni's case (supra), wherein, the question involved was whether proceedings under section 163a of the act were final proceedings or interim proceedings. it was held that proceedings under section 163a were not interim proceedings, but final proceedings and once a trial takes place on merits, a different ..... the result remains the same. the judgment relied upon after holding that the petition under section 163a of the act was not maintainable, the matter was remanded for fresh decision by treating that application to be under section 166 of the act. in the present case, the tribunal has already followed the said procedure and recorded a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-13-2006
Reported in : I(2007)ACC725; 2008ACJ100
..... at a stone crusher, has died. his wife, two minor sons, two minor daughters and mother, as his legal heirs and dependents, filed a claim petition under section 166 of the motor vehicles act, 1988, for claiming compensation of rs. 5.00 lakh. it is pleaded that rs. 2,500 was the monthly income of the deceased besides other perks like free .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-2006
Reported in : II(2007)ACC243
Uma Nath Singh, J.1. This F.A.O arises out of an Award dated 1.8.2006 passed by learned presiding Officer, Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal'), Sangrur, in M.A.C.T. Case No. 54 dated 20.10.2004 awarding a sum of Rs. 5,00,000 (Rupees five lakh) with 6 per cent interest per annum in a death case of a young man of 32 years said to be engaged in running a Karyana Shop apart from working as a part-time accountant with some business establishment.2. Learned Counsel for the owner-appellant has assailed the impugned Award only on the ground of quantum being higher. According to the learned Counsel, the assessment of dependency appears to be faulty and contrary to the findings of the Tribunal. That apart, he has no other point to urge.3. We have carefully gone through the averments made in the appeal and also perused the Award.4. In para 13 of the Award, an endeavour has been made on behalf of the claimants to prove that the deceased was earning an income ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-11-2006
Reported in : I(2007)ACC880; 2008ACJ715; (2007)146PLR545
..... punjab and sind bank and was earning a sum of rs. 19,696.97p. the widow and the minor children of the deceased filed claim petition under section 166 of the motor vehicles act claiming compensation to the tune of rs. 30 lacs.3. on notice having been issued the claim was contested by the respondents. while respondent no. 1 ..... driving of jeep no. pjp-338 by prem singh. thus, it would be seen that in the absence of finding on contributory negligence or attribution of some overt act on the part of the deceased no finding of contributory negligence could be recorded nor deductions made.9. learned counsel appearing on behalf of the cross-objector vehemently ..... process the deceased got perplexed and struck his scooter against electric pole and sustained injuries. it was claimed that the accident had occurred clearly due to rash and negligent act of the deceased and respondent no. 1 was not at fault. it was further claimed that the respondents were not liable to pay the compensation.4. respondents no .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-11-2006
Reported in : (2007)146PLR587
..... tribunal fast track court, karnal (for short the 'tribunal') dated 28.2.2005 dismissing the claim petition filed by the claimant-appellants under section 166 of the motor vehicles act.2. the facts leading to the filing of the present claim petition are that on 24.6.2000 the deceased ashish teneja was on tour ..... the calculation of the same and specifically provided that the first compensation has to be assessed under section 140 of the act, and if the claimants are entitled to any other compensation, in that eventuality the compensation under section 14 is to be assessed and paid and it is only if the compensation under other ..... additional benefit could be deducted from the just compensation payable under the statute (section 140 read with section 141 of the act), which categorically debars making of any deduction on account of such payment from the compensation awarded under the motor vehicles act. giving of service on compassionate ground is again totally an irrelevant consideration while .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-08-2006
Reported in : AIR2007P& H92
..... the furtherance of the prospects of his election. hence the election was liable to be declared void as dhiman had committed corrupt practices as detailed under section 123(7) of the act.reply of the winning candidate10. surjit singh dhiman, mla filed written statement dated august 14, 2002 wherein he pleaded five preliminary objections (i) the ..... follow he can be suspended and removed by the state government.32. at this stage, reference to the provisions of the 1948 act would be useful. state electricity boards are constituted under section 5 of this act. section 5(4)(a) provides that there shall be one member, who has experience of and has shown capacity in, commercial matters ..... .46. in the present case apart from the ipse dixit of witnesses, the petitioner has failed to prove the ingredients of corrupt practices contained in section 123(7) of the act. therefore, even though bachhi was in the service of the government, he was not a gazetted officer and shergill was both in service of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-08-2006
Reported in : 2008ACJ150
..... month and having deducted 1/3rd thereof for her personal expenses, has determined the dependency at rs. 1,400 per month. further, as per the second schedule under section 163a of motor vehicles act, 1988 for the age group above 65 years, multiplier of '5' is to be applied. here, the approximate age of the deceased has been found to be 70 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-06-2006
Reported in : [2009]311ITR230(P& H)
..... 2005]278itr546(sc) .10. learned counsel for the assessee sought to make a distinction by contrasting the expression 'in the nature of guest house' used in section 37(3) of the act with the expression 'running and maintenance of motor cars'. reading the provision as a whole, the distinction sought to be made out is not material. the ..... the judgment of the hon'ble supreme court in britannia industries ltd. v. cit : [2005]278itr546(sc) , wherein the question of interpretation of section 37(3b) of the act in the context of disallowance for guest house was examined and it was held that the said provision being a special provision, the disallowance will apply ..... cit v. travancore cements ltd. : [1999]240itr816(ker) , wherein distinction was made between the expression 'repairs' used in section 31 of the act and the expression 'maintenance' used in section 37(3b) of the act in the context of maintenance of cars, was disapproved and the view taken by the calcutta high court in kesoram industries and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-06-2006
Reported in : I(2007)ACC559; 2008ACJ138; (2007)146PLR550
..... other motor vehicle the tanker had fallen on one of its sides on slopping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... due to motor vehicle accident. the hon'ble supreme court in para nos. 3 6 & 37 of the said judgment has held as under:36. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case, this ..... bakhtwar. it was further claimed that in order to occupy the truck, his murder was committed by poisoning him. on these allegations the claim petition was filed under section 163-a of the act claiming total compensation of rs.ten lacs along with interest @ 18% per annum from the date of accident till its realisation. it was claimed that the deceased .....
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