Court : Uttaranchal
Reported in : 2007ACJ1559
rajeev gupta, c.j. 1. mr. manish dalakoti, advocate for the appellant. mr. n. s. pundir, advocate for the respondent. they are heard.2. this is the claimant's appeal for enhancement of the compensation awarded by motor accidents claims tribunal/addl. district judge (second fast track court), nainital vide award dated 10.2.2006 passed in motor accident claim case no. 15 of 2005.3. claimant pradeep negi by filing claim petition under section 166 of the motor vehicles act claimed compensation of rs. 54,00,000 (rupees fifty-four lakh) for the injuries suffered by him in the motor accident on 16.11.2004 when the bus bearing registration no. up 07-h 5484 dashed him resulting in multiple injuries including crush injuries in his left leg. in spite of several operations, claimant's left leg was amputated. the claimant pleaded that he was a student of mba and after completing his education, he would have secured a reasonable job for himself with a handsome salary of at least rs. 20,000 per month. the claimant pleaded that on account of amputation of his left leg, he has become disabled for rest of his life and the same has adversely affected all his future prospects.4. respondent uttaranchal state road transport corporation contested the claim denying the manner of the accident alleged in the claim petition.5. the claims tribunal, on the evidence led by the parties, found that claimant pradeep negi suffered multiple injuries in the accident which took place on 16.11.2004; that the .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC546; 2007ACJ1130
prafulla c. pant, j.1. this appeal, preferred under section 173 of the motor vehicles act, 1988, is directed against the judgment and award dated 19.5.1999 in motor accident claim case no. 55 of 1994, passed by learned m.a.c.t./second additional district judge, nainital, whereby the claim petition of the appellant, is dismissed.2. brief facts of the case are that on 16.7.1992, at about 7 p.m., the appellant-claimant was coming from kichcha to haldwani in his scooter registration no. umm 2669. when he reached near mazar, a truck bearing registration no. uht 39, owned by respondent no. 1, which was being driven rashly and negligently by its driver, dashed at the scooter. consequently, the appellant-claimant fell from the scooter and received head injuries. some people took him immediately to the base hospital, haldwani and got him admitted there. however, next day when his condition did not improve, he was taken to delhi for further treatment. due to the injuries received in the accident, the appellant-claimant has lost his hearing power and has become disabled. it is alleged in the claim petition that claimant had to spend rs. 2,00,000 on his medical treatment. a total sum of rs. 5,00,000 was claimed as amount of compensation by the claimant. it appears that during the pendency of the claim petition, national insurance co. ltd. was impleaded as respondent no. 2 as the aforesaid truck registration no. uht 39 was found to have been insured with the said company on the date of .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ4181
1. the accused/appellant banbir singh has preferred this criminal appeal against the judgment and order dated 29.11.2001, passed by sessions judge, udham singh nagar, in s.t. no. 308/1999, convicting the accused/appellant under sections 498-a i.p.c. 304-b i.p.c. and section 3/4 dowry prohibition act and sentencing him to undergo imprisonment for life under section 304-b i.p.c.; two years r.i. under section 498-a i.p.c. and five years r.i. and fine of rs. 15,000/- under section 3/4 dowry prohibition act and in default of payment of fine to further undergo r.i. for one year. all the sentences to run concurrently.2. the prosecution case in brief is that on 13.6.1999 at about 3.10 p.m. complainant rajesh singh lodged written report, ext. ka. 1 at p.s. banbasa with the allegations that his younger sister smt. rekha singh was married to accused banbir singh on 12.3.1999. after marriage accused demanded rupees one lac as dowry. the dowry demand was not fulfilled by the complainant and due to this reason the accused started beating smt. rekha singh and also threatened to kill her. on 7.6.1999 when smt. sarla devi, the mother of the complainant, went to the in-laws house of smt. rekha singh, then the accused again made demand of dowry of rs. one lac and used unpleasant talk. on 13.6.1999 prahlad singh, the elder brother of the accused informed rajesh singh, the complainant at barielly police line that his sister rekha singh had died. thereafter on 13.6.1999 itself the complainant went .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ3806
orderj.c.s. rawat, j.1. this criminal revision has been directed against the judgment and order passed by the learned iind addl. civil judge (jd)/judicial magistrate roorkee. dist. haridwar dated 27-3-2001 in criminal complaint case no. 12 of 2000, afzal ahmed v. mohd. faizanunder section 138 of the n.i. act with fine of rs. 1,200/ and in default of payment of fine an imprisonment for two months.2. brief facts leading to this revision are that a complaint was filed before the learned judicial magistrateunder section 138 of the n. i. act alleging therein that the respondent no. 1 had given a cheque of rs. 30,000/- to the revisionist and the said cheque was dishonoured. statutory notice was given but in spite of the notice, the amount was not paid hence complaint was filed before the learned judicial magistrate. the learned magistrate took the cognizance and thereafter proceeded with the trial. after the conclusion of the trial, the learned magistrate held that the prosecution had established the case against the accused beyond reasonable doubt and he convicted the accusedunder section 138 of the n.i. act and also awarded the sentence as indicated above.3. feeling aggrieved by the said order, the present revision petition had been preferred before this court.4. heard sri s.p.s. panwar, sr. advocate for the revisionist and sri sohail ahmed siddique, learned a.g.a. for the state. in spite of the notice respondent no. 1 has not appeared.5. it was contended on behalf of the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2562
b.s. verma, j.1. heard. grounds are sufficient to condone the delay. delay is condoned. the appeal is admitted.2. this appeal under section 173 of the motor vehicles act, 1988 (for short 'the act') is directed against the judgment and award dated 1.2.1999 passed by the motor accidents claims tribunal/district judge, pauri garhwal (in short 'the tribunal') in motor accident claim petition no. 60 of 1998, kamlesh sharma v. oriental insurance co. ltd. whereby compensation of rs. 2,00,000 has been awarded in favour of the claimants against the insurance company, appellant. rider of interest was also put in case the amount of compensation is not paid within a period of one month.3. the relevant facts of the case are that the claimants filed a claim petition before the learned tribunal for compensation of rs. 20,35,000 in respect of death of sushil kumar, husband of the claimant no. 1, aged 25 years and earning rs. 5,000 per month in a motor vehicle accident, which occurred on 7.4.1998, involving bus no. up 06-1031 due to negligence on the part of its driver. it is alleged that deceased was busy in repairing the vehicle and he was crushed due to negligent driving. he was rushed to government hospital, kotdwara and from there he was referred to better treatment, but the deceased succumbed to his injuries. the bus was owned by the opposite party no. 2 and it was duly insured with the appellant insurance company.4. the owner of the bus, opposite party no. 2, filed its written .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2335
b.s. verma, j.1. this appeal under section 110-d of the motor vehicles act, 1939 (for short 'the act') has been preferred against the judgment and order dated 13.2.1984 passed by the motor accidents claims tribunal-cum-district judge, tehri, garhwal (hereafter in short 'the tribunal') in m.a.c. petition no. 18 of 1983, sumitra devi v. bishamber nath, whereby learned claims tribunal awarded compensation of rs. 87,800 along with interest at the rate of 6 per cent per annum against all the opposite parties and further ordered that insurance company, respondent no. 3, shall be liable to pay rs. 50,000 and the opposite parties-appellants shall be liable to pay the rest of compensation amount. aggrieved, the owner and driver of the vehicle appellants, have come up in appeal before this court.2. the relevant facts giving rise to this appeal are that govind singh, husband of the claimant sumitra devi, aged about 38 years and a mechanic by profession, earning rs. 660 per month as salary from t.i.c.i.l., simlasu, tehri, lost his life in a vehicular accident, which occurred on 28.7.83 at about 12.30 noon on rishikesh-tehri road near hindola khal due to rash and negligent driving by the driver of jeep no. mye 1416, owned by t.i.c.i.l. and duly insured with united india insurance co. ltd. compensation has been claimed to the tune of rs. 1,67,600 including the amount of rs. 15,000 on the principle of no fault liability by the dependants and legal representatives of the deceased.3. the .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC597
b.s. verma, j.1. this appeal under section 110d of the motor vehicles act, 1939 (for short the act) has been preferred against the judgment and order dated 13th february, 1984 passed by the motor accident claims tribunal/district judge, tehri garhwal (in short the tribunal) in m.a.c. petition no. 18 of 1983, smt. sumitra devi and ors. v. bishamber nath and ors. whereby the learned tribunal awarded compensation of rs. 87,800 along with interest @ 6% per annum against all the opposite parties and further ordered that respondent no. 3-insurance company shall be liable to pay rs. 50,000 and the o.p.-appellants shall be liable to pay the rest of the compensation amount. aggrieved, the owner and driver of the vehicle-appellants have come up in appeal before this court.2. relevant facts giving rise to this appeal are that govind singh, husband of the claimant sumitra devi, aged about 38 years and a mechanic by profession earning rs. 660 per month as salary from t.i.c.i.l. simlasu tehri, lost his life in a vehicular accident, which occurred on 28th july, 1983 at about 12.30 a.m. on rishikesh-tehri motor road near hindola khal due to rash and negligent driving by the driver of jeep no. mye-1416, owned by t.i.c.i.l. and duly insured with united india insurance company. compensation has been claimed to the tune of rs. 1,67,600 including the amount of rs. 15,000 on the principle of no fault liability by the dependants and legal representative of the deceased.3. the owner and driver of .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ1455
p.c. verma and b.c. kandpal, jj.1. the present appeal under section 173 of the motor vehicles act, 1988 has been preferred against the judgment and the award dated 6.8.2004, passed by m.a.c.t./additional district judge/third f.t.c., udham singh nagar, in m.a.c.p. no. 98 of 2003, balbir kaur v. fahim ahmad, by which the claimants were awarded compensation of rs. 3,12,000 along with interest at the rate of 7 per cent per annum payable by the opposite party/appellant, united india insurance co. ltd.2. brief facts of the case giving rise to this appeal are that on 6.3.2003 at about 2.30 p.m. atma singh deceased along with his son satnam singh was going to tada ujjain from kashipur chauraha and as soon as they reached near malgodam on station road, the driver of tractor no. up 21-h 4596 coming from the side of chauraha rashly and negligently, dashed atma singh from behind due to which atma singh was seriously wounded and died at the spot. as per the claim petition, the age of the deceased atma singh at the time of accident was 49 years and he was doing the work of raj mistri. from the work of raj mistri the deceased was earning rs. 3,600 per month. it was also alleged that besides this the deceased also used to do the work of milk-dairy and was earning rs. 1,000 per month. the claimants also alleged that they were dependent on the income of the deceased and they have no other source of income, hence they claimed rs. 5,00,000 as compensation in lieu of death of atma singh.3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ4149
prafulla c. pant, j.1. this appeal, preferred under section 374(2) of code of criminal procedure, 1973, is directed against the judgment and order dated sis'1986, passed in sessions trial no. 31 of 1985, by the then learned sessions judge, almora, whereby appellants kishan ram, deb ram and tara ram, were convicted under section 302 read with section 34 of indian penal code, 1860 (hereinafter for brevity referred as i.p.c.) and each one of them was sentenced to imprisonment for life. appellant kishan ram was further convicted and sentenced to undergo one-year rigorous imprisonment under section 452 of i.p.c. and three years rigorous imprisonment under section 394 of the said code.2. according to the prosecution story, deceased sher ram was resident of village kotuli. p.w.,1 smt. saruli devi is his widow and p.w. 2 nandi devi is his daughter. smt. saruli devi is handicapped and lame who cannot walk but only crawl. accused/appellants kishan ram, deb ram and tara karri are also residents of the same village i.e. kotuli. sher ram (deceased) had strained family relations with the accused/appellants. it is alleged by the prosecution that about a year before the day of the incident, deb ram raped smt. saruli devi, as a result of which she became pregnant. when sher ram came to know of the fact, he got the child aborted. however, thereafter, the relationship between sher ram and the accused/appellants turned sour. a day before the day of the incident, cattle of the accused/appellants .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC253
b.s. verma, j.1. the present appeal by the owner of the vehicle, under section 110d of the motor vehicles act, 1939 (for short the old act) is directed against the judgment and award dated 30.6.1982 passed by the then motor accident claims tribunal/i additional district judge, nainital (for short the tribunal) passed in claim petition no. 139 of 1979, smt. lila rani bakshi and ors. v. janardan and ors., whereby a compensation of 96,000 was awarded to the claimant along with interest @ 6% per annum. out of this amount, sum of rs. 50,000 was payable by the insurance company and the remaining 46,000 was ordered to be paid by the owner and driver of the vehicle jointly and severally.2. relevant facts necessary for a just decision of the appeal are that claimant-respondents, who are legal heirs of the deceased filed a claim petition before the learned tribunal for compensation of rs. 13,50,000 for the death of ravinder nath bakshi in a vehicular accident which occurred on 3.7.1979 between kashipur and ramnagar near village pratappur involving truck no. utf-3744, which was driven rashly and negligently by its driver and hit the motor cycle of ravinder nath bakshi with the result ravinder nath died on the spot as a result of injuries suffered by him. it was alleged that the deceased was well built, aged 47 years and earning about rs. 3,500 per month from agriculture and farming at the time of his accidental death.3. the owner-appellant resisted the petition and denied the accident .....
Tag this Judgment!