Uttaranchal Court July 2001 Judgments
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National Insurance Company Ltd. Vs. Akhtar Sadiq
Court: Uttaranchal
Decided on: Jul-18-2001
Reported in: I(2003)ACC189
M.C. Jain, J.1. Heard Mr. Lalit Belwal, Counsel for the appellant Insurance Company.2. The appeal is sought to be filed against an award dated 3.5.2001 passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 1,26,000/- as compensation to the respondent Nos. 2 and 3 for the death of one Amit Singh in a motor accident. The accident was allegedly caused by the truck owned by the respondent No. 1. The contention of the appellant is that the driver of the vehicle did not possess a valid driving licence. Instead, the driving licence held by him was fake and fictitious one. Therefore, according to the submission of the learned Counsel for the appellant, there was breach of the condition of the insurance policy and liability to pay compensation could not be fastened on the Insurance Company. The controversy raised by the appellant is squarely covered by the decision of the Apex Court dated 27.3.2001 in Civil Appeal Nos. 2387/2001,2388/2001 and 2389/2001. It has been ruled that when ...
National Insurance Co. Ltd. Vs. Akhtar Sadiq and ors.
Court: Uttaranchal
Decided on: Jul-18-2001
Reported in: 2004ACJ270
M.C. Jain, J.1. Heard Mr. Lalit Belwal, learned counsel for the appellant insurance company.2. Appeal is sought to be filed against an award dated 3.5.2001 passed by the Motor Accidents Claims Tribunal awarding a sum of Rs. 1,26,000 as compensation to the respondent Nos. 2 and 3 for the death of one Amit Singh in a motor accident. The accident was allegedly caused by the truck owned by the respondent No. 1. The contention of the appellant is that the driver of the vehicle did not possess a valid driving licence. Instead, the driving licence held by him was fake and fictitious one. Therefore, according to the submission of the learned counsel for the appellant, there was breach of the condition of the insurance policy and liability to pay compensation could not be fastened on the insurance company. The controversy raised by the appellant is squarely covered by the decision of the Supreme Court in New India Assurance Co. Ltd. v. Kamla, 2001 ACJ 843 (SC). It has been ruled that when a val...
Umesh Kumar Pahwa Vs. Board of Directors, Nainital, Almora Kshetriya G ...
Court: Uttaranchal
Decided on: Jul-02-2001
Reported in: (2002)ILLJ768UC
ORDER1. This writ petition has been filed by the petitioner seeking a writ of certiorari for quashing the punishment order dated June 22, 1999 and the appellate order dated May 6, 2000, by which the petitioner has been awarded punishment of degrading him in pay-scale and excluding the of period of suspension as not spent on duty. Admittedly, the copy of the inquiry report was not supplied to the petitioner. Learned counsel for the respondent-Bank informed that the copy of inquiry report was supplied to the petitioner after the punishment order was passed. It is thus admitted that before the passing of the impugned order, copy of inquiry report was not supplied to the petitioner. Therefore, in view of the law laid down by the Supreme Court in the case of Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 471 : 1991 (1) SCC 588 : 1991-I-LLJ-29 and subsequently endorsed in the case of Managing Director, ECIL, Hyderabad v. B. Karunakar, AIR 1994 SC 1074 : 1993 (4) SCC 727 : 1994-I-LLJ- 162, ...
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