Court : Uttaranchal
Reported in : IV(2005)ACC132; 2005(4)AWC3119(UHC)
..... it has also come in the written statement of sri amarjeet singh that the truck trailer was insured with the national insurance company and therefore, he is not liable to pay any compensation and if any liability comes, that will be of insurance company. ..... taking into consideration the age of the claimants which comes between the age group of 60-65 years, the tribunal has applied the multiplier of '4', which according to schedule ii of the motor vehicles act is not appropriate. ..... 1, 2 and 3 are concerned, the claims tribunal has recorded a finding that the accident had occurred on account of rash and negligent driving of the driver of truck trailer no. ..... on the pleadings of the parties, learned tribunal framed as many as four issues.7. ..... this is an appeal against the judgment and order dated 2.12.1994 passed by motor accident claims tribunal, hardwar in motor accident case no. ..... 4 is concerned, the learned tribunal has recorded a finding that the deceased was earning a sum of rs. ..... it has also been stated that at the time of the accident, the aforesaid truck was insured with national insurance company. ..... 8, national insurance company has stated in its written statement that no accident had taken place by the bus in question. ..... act for the age group of 6o-65, multiplier of '5' is provided.12. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1376(UHC)
..... the main grievance of the appellant is that the age of the deceased at the time of the accident was 35 years and the claims tribunal has only applied multiplier of 11, which is not proper. ..... after considering the evidence on record, the learned tribunal has held that the accident took place due to rash and negligent driving by the truck driver.13. ..... this is an appeal arising out of the judgment and award dated 13.5.2002, passed by the motor accident claims tribunal, nainital in motor accident claim petition no. ..... we are, therefore, of the opinion that the tribunal while deciding the issue no. ..... the claims awc 87 tribunal has held the income of the deceased rs. ..... on the pleadings of the party, the claim tribunal framed four issues.8. ..... , 12.12.1998 till the date of payment of compensation against the national insurance company.3. ..... the claims tribunal has held the monthly income of the deceased as rs. ..... according to schedule 2 of the motor vehicles act, 1988 for the person of age of 35 years multiplier of 10 should be taken. ..... the findings of the claims tribunal on issues no. ..... 2, the national insurance company has also contested the claim petition and filed written statement, in which, it has also denied that the accident took place due to rash and negligent driving. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC75; 2005(2)AWC1475(UHC)
..... observations of the hon'ble supreme court are as under :'though by use of the expression 'which appears to it to be just' a wide discretion is vested on the tribunal the determination has to be rational, to be done by a judicious approach and not the outcome of whims, wild guesses and arbitrariness. ..... briefly stated the facts giving rise to the present appeal are that appellants filed a claim petition before the motor accident claims tribunal pauri garhwal, for grant of compensation on account of death of sri tirath singh in a motor vehicle accident on 25.11.1995 at ..... have been calculated on the basis of multiplier method, there is uncontroverted evidence in respect of the expenditure incurred in the treatment of the deceased and the claimants are entitled to get the same but the claims tribunal was not justified to award only a sum of rs. ..... framed regarding insurance of the vehicle in question and on the basis of evidence on record it was held that the vehicle was validly insured with the national insurance company at the time of accident. ..... 5,000 awarded by the claims tribunal for the last rites of the deceased a sum ..... and the claims tribunal after considering the evidence on record held that the deceased was 32 years old at the time of accident and he was ..... court has observed as under :'the situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by the amendment act 54 of 1994. ..... , 2005 acj 99, the apex court has held as under :in the case .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC107; 2006ACJ2375
..... gone through the matter in controversy, particularly on the point of driving licence in the light of the settled law of the apex court and the material on record, we find that before the tribunal, the appellant insurance company has raised a plea of holding of valid driving licence by the driver of the bus involved in the accident and issue no. ..... swaran singh 2004 acj 1 (sc) and the paras 39 and 40 of the judgment are reproduced below:(39) thus, a person whose licence is ordinarily renewed in terms of the motor vehicles act and the rules framed thereunder despite the fact that during the interregnum period, namely, when the accident took place and the date of expiry of the licence, he did not have a valid licence, ..... supra), it has been held by the hon'ble apex court that 'even if no appeal is preferred under section 173 of motor vehicles act, 1988 by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as findings as regards negligence or contributory negligence of the offending vehicle'.in the subsequent case-law, the provisions of sections 147 and 149 (2) of the motor vehicles act, 1988 were also elaborately discussed. ..... are supported in our opinion by the verdict of the apex court in the case of national insurance co, ltd. v. ..... rohtagi 2002 acj 1950 (sc) and subsequently in the case of national insurance co. ..... been elaborately considered by the apex court in the case of national insurance co. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1369(UHC)
..... brief facts giving rise to the present appeal are that appellants filed a claim petition before the motor accident claims tribunal, champawat, for grant of compensation on account of the death of kalyan ram in a motor vehicle accident on 8.11.2002, near village gallagaon on barakot-lohaghat motor road. ..... the learned counsel for the appellant has submitted that the claims tribunal was not justified 1n deducting one third of the amount from the notional income for calculating the amount of pecuniary loss.7. ..... for calculating the amount of compensation the claims tribunal had taken notional income of the deceased as rs. ..... the multiplier taken by the claims tribunal appears quite just and proper and thus multiplying the notional income by 11 the total compensation comes to rs. ..... there is no documentary evidence to prove the income of the deceased, therefore, the claims tribunal was justified by taking rs. ..... thus, the claims tribunal awarded a total sum of rs. ..... besides this the claims tribunal also awarded a sum of rs. ..... the claims tribunal has held that terms and conditions of the insurance policy were not flouted. ..... , 2005 acj 99, as under: 'as set out in the second schedule to the motor vehicles act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. ..... this is an appeal against the judgment and award dated 3.9.2004, passed by the motor accident claims tribunal, champawat.2. ..... on the pleadings of the parties, as many as five issues were framed by the claims tribunal. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1378(UHC); (2005)IILLJ1135UC
..... taking into consideration the monthly salary of the deceased, the claims tribunal has come to the conclusion that the claimant is entitled to get an amount of rs. ..... therefore, we are of the opinion that the amount awarded by the claims tribunal needs no interference. ..... the claims tribunal has recorded a finding that the deceased was getting a sum of rs. ..... the claims tribunal has framed as many as six issues.13. ..... therefore, the claim petition under workmen compensation act is not maintainable.5. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005(107)FLR337]; (2006)ILLJ325UC
..... or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labour working in the establishment was ordered, (ii) where the contract was found to be a sham and nominal, rather a camouflage, in which case the contract labour working in the establishment ..... in exercise of the powers conferred by sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (37 of 1970), the central government, after consultation with the central advisory contract labour board, hereby prohibits the employment of contract labour in various works specified in the schedule annexed hereto, in ..... however, we make it clear that the industrial tribunal/labour court shall also consider these allegations and shall ..... 1986 whereunder the definition of the said expression under the industrial disputes act is adopted in the clra act,' therefore, the central government will be the appropriate government for ongc ..... 17 had been continuing in oil and natural gas corporation, dehradun since the date of their engagement upto july 7, 2005 as contract labourers through their contractor voltas ltd ..... national union water front workers manu/sc/0515/2001 : (2001)iillj1087sc wherein it has been observed that since the judgment in the case of air .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)IILLJ509UC
..... conciliation officer if it is in respect of a dispute arising more than six months previous to the date of the application or if the dispute has already been the subject of proceedings before a conciliation board, a labour court or a tribunal (or an arbitrator) and finally settled (herein):provided further that, notwithstanding anything hereinbefore contained, the labour commissioner (or the deputy labour commissioner (industrial relations) or the state government may refer a dispute to any conciliation officer ..... it went on further to say that 'reasonable time in the cases of labour for demand of reference or dispute by appropriate government to labour tribunal will be five year after which the government can refuse to make a reference on the ground of delay and laches if there is no ..... bench of the punjab and haryana high court has completely ignored the object of the act and various pronouncements of this court as noted hereinabove and thus is not a good law on the point of the applicability of the period of limitation for the purposes of invoking the jurisdiction of the courts/ boards and tribunals under the act. 13. ..... in which the state government may, on a proper examination of the demand with a view to declining reference and courts will always be vigilant whenever the government attempts to usurp the powers of the tribunal for adjudication of valid disputes, and that to allow the government to do so would be to render section 10 and section 12(5) of the act nugatory. 15. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC287; 2006ACJ357
..... therefore, to that extent also, we are in agreement with the tribunal that after deduction of such incomes which are already compensated to the claimants, the net income of the deceased comes out to be ..... filed its separate written statement before the tribunal in which it is alleged that there was rash and negligent driving on the part of the motor car driver and not that of the truck ..... appeals preferred under section 173 of the motor vehicles act, 1988, are directed against the judgment/award dated 10.9.2003 passed by the motor accidents claims tribunal/addl. ..... we are in agreement with the finding of learned tribunal that the truck bearing registration no. ..... therefore, we are in agreement with learned tribunal as to the finding that the above-mentioned truck was being driven rashly and negligently by its driver, respondent banney and when the truck dashed with the car, jasvinder singh sodhi died due ..... as such, the learned tribunal has rightly calculated the income of deceased at ..... the learned tribunal has applied multiplier of ..... this court has to see if the annual income of the deceased, dependency of claimants and amount of compensation have rightly been assessed by the tribunal or not. ..... learned tribunal, after framing necessary issues, recording of evidence thereon and hearing the parties, came to the conclusion that the accident took place due to rash and negligent driving on the part of the driver of the truck ..... ) and that he was also an income tax assessee (copy of return, paper no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2005)ILLJ356UC
..... it was observed as follows:it is also true that even if the dispute is tried by the industrial tribunal, at the very commencement, the industrial tribunal will have to examine as a preliminary issue the question as to whether, the dispute referred to it is an industrial dispute or not, and the decision of this question would inevitably depend upon the view which the industrial tribunal may take as whether the action taken by the appellant is a closure or a lockout. ..... their workers and staff air 1963 sc 569 : has held that if the industrial tribunal had to decide whether strike was justified, it would have to examine the question whether or not the dispute referred to it was an industrial dispute. ..... this court held that the decision of this question would inevitably depend upon the view which the industrial tribunal may take as to whether the action taken by the company is a closure or a lock-out. ..... it is available in those cases where a tribunal, though competent to enter upon an enquiry, acts in flagrant disregard of the rules of procedure or violates the principles of natural justice where no particular procedure is prescribed. ..... the controversy in the present writ petition is as to whether the industrial tribunal has power to look into the validity of reference made by the state government as well as scope of section 4-k read with schedule i of u.p ..... madhavankutty air 2000 sc 839 : 2000 (2) scc 455 : the apex court after relying on the case of national engineering industries ltd. v. .....
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