Court : Uttaranchal
Reported in : III(2006)ACC171
b.s. verma, j.1. this appeal has been preferred under section 173 of motor vehicles act, 1988 (in short the act) against the judgment and award, dated 5.9.1998 passed by motor accident claims tribunal/district judge, chamoli (in short the tribunal) in m.a.c. petition no. 1 of 1994, smt. janki devi v. dayal singh and ors. whereby the learned tribunal has awarded compensation of rs. 1,00,000 in favour of the claimant as against the owner and driver of the bus no. up-07/0838 along with interest @ 10% per annum. the claim petition against the insurance company was dismissed.2. relevant facts of the case are that sunil kumar, aged 16 years, a student, son of the claimant, lost his life in a motor vehicle accident on 11.7.1993 at about 9-30 a.m. involving bus no. up 07-0838 which was being driven rashly and negligently by its driver. according to the claimant on the fateful day, sunil kumar was going on foot to karanprayag market from his home. when he reached near the bend at uma devi temple, he was hit by the bus with the result that sunil kumar fell down on the road and the bus itself turned over the boy causing his instantaneous death. the bus was being driven by the cleaner and not the driver. the deceased was a student of class x. longevity of the family of the deceased was stated to be more than 70 years. the claimant has claimed total compensation of rs. 1,75,000 on different counts for the death of the deceased son.3. o.p no. 1, owner of the bus, contested the claim .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC76
j.c.s. rawat, j.1. this is an appeal against the judgment and award dated 16th october, 1991 passed by the motor accident claims tribunal, pithoragarh.2. briefly stated, the facts giving rise to the present appeal are that the claimants/appellants filed a claim petition before the motor accident claims tribunal, pithoragarh for grant of compensation on account of the death of sri ram singh in a motor accident on 30th october, 1989 at about 5.30 p.m. at lupra on lohaghat-pancheshwari road. the claimants have alleged that at the time of the accident, the deceased was 23 years old. the deceased was on leave from his employment and was going to his home to celebrate 'deepawali1. it has been stated in the claim petition that the deceased was earning a sum of rs. 900 per month. the claimants have prayed for the compensation to the extent of rs. 3,95,200. a first information report of the accident was lodged by sri mohan singh.3. the claim was contested by the respondent no. 2 ganesh singh and respondent no. 1, geeta agrawal. opposite party no. 3 has also filed its written statement.4. respondent no. 2, sri ganesh singh, who is the real brother of the deceased and driver of the vehicle in question in its written statement has denied the allegations made in the petition and has submitted that the vehicle in question was insured with the new india assurance company at the time of the accident and the insurance company is liable to pay compensation.5. opposite party no. 1, geeta devi .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC275
rajesh tandon, j.1. heard mr. t.a. khan, learned counsel for the appellant and mr. r.p. nautiyal, learned counsel for the respondents.2. this is an appeal filed by the appellant the new india assurance company h challenging the award dated 24.7.2004 by which the motor accident claims tribunal awarded a sum of rs. 3,74,400 along with interest @ 5% per annum.3. brief facts giving rise to the present appeal are that on 24.8.2000, the claimant with her husband sri sujan singh was coming to karnprayag from simli for some private work on foot. all of a sudden at about 6.30 p.m. near rakhri gadhera a truck bearing no. u.p. 05-0174, which was being driven rashly and negligently met with accident and over-turned and due to the strike by the truck, the deceased fell down into the river and ultimately died.4. the deceased was working in the department of horticulture and was getting a salary of rs. 4,330. the compensation has been claimed to the extent of rs. 10,00,000 (rupees ten lacs) by the claimant.5. the defendant no.1 insurance company has filed a written statement, where the factum of accident was denied. however, it was admitted that the vehicle in question was insured from 18th october, 1999 to 17th october, 2000. therefore, it is evident that at the time of the aforesaid i.e., on 24.8.2000, the vehicle was insured with the aforesaid insurance company. the insurance company although has taken various pleas that the terms of the policy were violated by the driver and as such he .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC239
p.c. verma, a.c.j.1. this is an appeal against the judgment and award dated 27th october, 1987 passed the motor accident claims tribunal, dehradun.2. brief facts giving rise to the present appeal are that the appellants-petitioner have filed a claim petition under section 110 of motor vehicles act, for grant of compensation on account of death of sri mohan lal juyal in a motor vehicle accident, the petitioners have stated that on 14th december, 1984 at about 1.40 p.m. sri mohan lal was standing at saharanpur chowuk, dehradun and was waiting for some conveyance. the petitioners have alleged that one trilok singh with some pillion rider was riding motor cycle no. 17763 rashly and negligently. he was hit by the motor cycle being driven by trilok singh and the deceased fell down on the road. at the same time truck no. urf 9694 crushed the deceased under the wheels. it has been alleged that the truck was being driven rashly and negligently by sri chandra vir respondent no. 3. the petitioners have submitted that the deceased was retired sub. major or honorary captain from army and was earning rs. 1,100/- per month. the petitioners claimed a compensation of rs. 4,20,480/- on account of death of sri mohan lal juyal in the accident.3. the defendants have contested the claim petition. they have admitted the death of sri mohan lal juyal in motor vehicle accident but have denied that the accident took place due to rash and negligent driving by the rider of motor cycle or by the driver of .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008CriLJ2133
j.c.s. rawat, j.1. this criminal appeal has been directed against the judgment and order dated 26-8-1989 passed by shri m.l. singhal, the then sessions judge, pithoragarh in s.t. no. 30/1988 state v. hari singh, whereby the appellant-hari singh was convicted and sentenced to undergo imprisonment for life and for six years under section 302 & section 307, ipc respectively. the appellant-inder singh was convicted and sentenced to undergo imprisonment of life and for six years under section 302/34, ipc and section 307/34, ipc respectively. both sentences were to run concurrently.2. the facts, in nutshell, are that hari singh and inder singh (appellants) are the cousins of laxman singh-informant and kundal singh-deceased. mohan singh p.w. 2 is the real uncle of appellants (hari singh & inder singh), laxman singh p.w. 1 and kundal singh-deceased. the family of the appellants-accused were not having good relations with the families of kundal singh (deceased) and laxman singh p.w. 1. they were not even on visiting and talking terms for the past six to seven years from the date of incident. the appellants-accused devoured the land of the family of the deceased-kundal singh. laxman singh p.w. 1 - brother of the deceased was employed in the army while the appellants-accused were unemployed. the appellants-accused have developed jealousy with the family of the deceased. on 18-5-1989 the marriage procession of one-prahlad singh was going from beda village to village sirmoda-near gyradevi .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2006)ACC387
rajesh tandon, j.1. heard the learned counsel for the parties.2. present appeal has been filed against the judgment and award dated 3.6.2002 passed by the motor accident claims tribunal, tehri garhwal.3. briefly stated the facts giving rise to the present appeal are that the respondent no. 1 filed a claim petition under section 166-aot mv act for the grant of compensation on account of death of her husband in a motor vehicle accident on 27.6.2000 at 1.00 p.m. at pilwa near village kemaria suar on chamiala-nageshwarsaur motor road involving bus no. ugy 8713. the petitioner alleged that the accident took place due to rash and negligent driving of the bus.4. the respondents contested the claim. the owner of the vehicle has contended that the vehicle was comprehensively insured with the respondent no. 2, hence respondent no. 2 is liable to pay compensation.5. appellant insurance company has alleged that the cheque by which insurance premium was paid had been dishonoured by the bank and it had been informed to the opposite party no. 1, the owner of the vehicle. the driver of the bus had no valid driving licence and the vehicle had no valid registration, fitness and permit.6. on the pleadings of the parties the claims tribunal framed the following issues:(1) whether this accident took place on 27.6.2000 at about 1 p.m. at pilwa name-tok situated at chamiala nageshwar saur motor road by rash and negligent driving of offending bus no. ugy 8713 by its driver? if so, its effect?(2) .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)ACC138
rajesh tandon, j.1. the present appeal has been filed against the award dated 28.9.2003 passed by the motor accident claims tribunal, hard war in m.a.c. no. 15 of 2001 estiyak and ors. v. ram prakash and ors. awarding a sum of rs. 1,83,500/- as compensation to the respondent-claimants.2. briefly stated the facts giving rise to the present appeal are that akhalakh died in a motor vehicle accident on 25.11.2000. according to the claimants deceased was carrying vegetables for sale to delhi by truck no. u.p. 10-c-8283. the truck was being driven by the deceased himself very consciously and with a moderate speed. when the truck reached near dayampur chaupla, p.s. kankarkherda, district meerut at about 12.30 in the night, it was collided with another truck no. uhn 3264 which was being driven by opposite party no. 2 najmul, rashly and negligently. the deceased and three other persons were succumbed to the injuries sustained in the accident. the claimants have alleged that the deceased was getting rs. 4,000/- per month. the claimants claimed a compensation of rs. 25,07,000/-against the respondents. truck no. u.p. 10-c-8283 was insured with national insurance co. while another truck no. uhn 3264 was insured with the new india assurance co.3. opposite party no. 1 ram prakash filed his written statement. he is owner of truck no. uhn 3264. he denied the allegation of rash and negligent driving by the driver of his truck. opposite party nos. 2, 3 and 4 also filed their respective written .....
Tag this Judgment!Court : Uttaranchal
Reported in : 3(2005)ACC437
prafulla c. pant, j.1. this appeal, preferred under section 110-d.of motor vehicles act, 1939, is directed against judgment and award dated 2.3.1984, passed by motor accident claims tribunal/district judge, pithoragarh, whereby an amount of compensation to the tune of rs. 41,600/- with interest at the rate of 6% per annum, was awarded in favour of the claimants.2. brief facts of the case are that one shri lalit mohan sah, aged about 34 years, was travelling on 18.4.1982, along with other passengers in bus registration no. u.p. y-1142. at about 6.45 a.m., between bankot and seraghaat, when the said bus was being driven rashly and negligently by its driver, it fell into a deep gorge in which shri sah, received grievous injuries and died due to said injuries. claimant no. 1 smt. hema sah is widow of the deceased, claimant no. 2 nidhi, is daughter and claimant no. 3 is son of the deceased. the deceased was physical training instructor at bankot and was earning rs. 828/- per month. the aforesaid bus was being plied under the management of kumaon motor owners ltd. and was insured, at the time of the accident, with national insurance company. a total amount of rs. 5,00,000/-, was claimed by the claimants as amount of compensation. the owners of the bus, filed a joint written statement, before the tribunal and denied the negligence on the part of the driver. however, they pleaded that the bus was insured with the national insurance company at the time of the accident. the insurance .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2516
rajeev gupta, c.j. and j.c.s. rawat, j.1. this is a claimants' appeal seeking enhancement of compensation awarded by the motor accidents claims tribunal, pauri garhwal vide award dated 2.6.2005 passed in motor accidents claim petition no. 12 of 2004.2. by filing a claim application under section 163-a of the motor vehicles act, 1988, the claimants, who are unfortunate widow and minor children of the deceased kheemanand, claimed compensation of rs. 7,35,000 for his death in motor accident on 28.1.2004 when maruti van bearing registration no. ua 12-0019, which was being driven by the deceased himself, met with an accident resulting in his death on the spot itself. the claimants pleaded that deceased kheemanand used to earn rs. 5,000 per month as driver.3. the owner and insurer of maruti van contested the claim and denied their liability to pay compensation to the claimants. the insurer took the plea that maruti van was being plied in breach of the policy conditions; the driver of maruti van was not holding a valid and effective driving licence; and the accident occurred due to negligence of the driver himself.4. claimants examined pw 1, sunita devi in support of their claim, whereas the owner and insurer of maruti van did not examine any witness in rebuttal.5. the tribunal, on the evidence led by the parties, held that kheemanand died on account of the injuries sustained by him in the motor accident on 28.1.2004 and the insurer of maruti van was liable to pay compensation to .....
Tag this Judgment!Court : Uttaranchal
Reported in : 3(2005)ACC179
p.c. verma, a.c.j.1. this is an appeal against the judgment and award dated 23.12.198s passed by the motor accident claims tribunal, tehri garhwal in m.a.c. no. 40 of 1986, niaz mohammad and ors. v. sundermani bhatt and anr.2. briefly stated the facts giving rise to the present appeal are that appellants filed a petition under section 166 pf the motor vehicles act, before the motor accident claims tribunal, tehri garhwal for grant of award of compensation due to the death of smt. pyaran in a motor vehicle accident at 9.00 a.m. on 3.1.1986 at geoli, district tehri garhwal. the petitioners have stated that the deceased was boarded on bus no. usq 843 on 3.1.1986 at 8.00 a.m. at anjanisain. the bus was being driven rashly and negligently. when it reached near geoli at about 9.00 a.m., it fell down in a khad. the driver of the bus and smt. pyaran succumbed to the injuries sustained in the accident.3. the petitioners have claimed that they are the dependents of deceased pyaran who was earning rs. 500/- per month. the petitioners have claimed a compensation of rs. 2,35,500/- against the respondents.4. the respondents have contested the case and have filed their respective written statements. respondent no. 1 has pleaded that the deceased was not earning anything and the accident did not take place due to rash and negligent driving. the amount of compensation claimed is highly exaggerated. respondent no. 3 has pleaded that the accident was not occurred due to debris on the road but .....
Tag this Judgment!