Uttaranchal Court March 2005 Judgments
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Asha Singh and anr. Vs. Santosh Kumar and anr.
Court: Uttaranchal
Decided on: Mar-30-2005
Reported in: IV(2005)ACC467; 2005(2)AWC1484(UHC)
Rajesh Tandon, J.1. Present appeal has been filed against the judgment and award dated 17.9.2004 passed by the Motor Accident Claims Tribunal, Udham Singh Nagar.2. Briefly slated the facts giving rise to the present appeal are that the claimant-appellants filed a claim petition for the grant of compensation on account of death of their son in a motor vehicle accident. The Claimants alleged that deceased Sarbjeet Singh on 26.5.2003 at 5.45 p.m. was going to Chakluwa from Sugar Factory, Bajpur by motor cycle. As soon as he reached near Police Station, Kaladhungi, a bus No. UP 24/6464 which was being driven rashly and negligently by its driver, hit the motorcycle due to which motorcycle collided with a Tata Sumo. Sarbjeet Singh sustained fatal injuries in the accident. He was rushed to the hospital but he succumbed to the injuries during his treatment. The claimants further stated that the deceased was getting salary of Rs. 3,000 per month. The petitioners claimed a compensation of Rs. 5,...
Smt. Shamim and ors. Vs. New India Assurance Co. Ltd. and anr.
Court: Uttaranchal
Decided on: Mar-30-2005
Reported in: 2007ACJ758; 2005(2)AWC1486(UHC)
Rajesh Tandon, J.1. The present appeal has been filed against the judgment and award dated 12.11.2003, passed by the Motor Accident Claims Tribunal, Haldwani, District Nainital, dismissing the claim petition of the appellants.2. Briefly stated the facts giving rise to the present appeal are that the appellant-petitioners have filed a claim petition before the Motor Accident Claims Tribunal, Haldwani for grant of compensation on account of death of Mr. Niyaj Ahamad. The petitioners alleged that Niyaj Ahamad was employed as a Bus Conductor on Bus No. DL 1 P. 1706. On 1.5.2002 at about 9.30 a.m. when the bus reached at Jhankaya Bus Stop, Khatima, he climbed on the roof of bus to download the luggage of a passenger. When he was coming down from the roof of the bus, the driver of the bus started the bus and Niyaj Ahamad fell down from the stairs of the bus. He sustained head injury in the accident and he was rushed to the Civil Hospital, Khatima from where he was referred to Bareilly but he...
Thakur Prasad Vs. Gopal Singh and anr.
Court: Uttaranchal
Decided on: Mar-24-2005
Reported in: IV(2005)ACC204; 2006ACJ2716; 2005(2)AWC1381(UHC)
Rajesh Tandon, J.1. This is an appeal against the judgment and award dated 13.4.2004, passed by the Motor Accident Claims Tribunal, Pithoragarh, awarding a sum of two lakhs to the appellant.2. Briefly stated the facts giving rise to the appeal are that claimant filed a petition under Section 166 of M.V. Act, for grant of compensation on account of injuries sustained by him in a motor vehicle accident. The claimant petitioner alleged that he sustained grievous injuries in a motor vehicle accident on 15.6.2002 at 11.00 a.m. on Dashaiethal-Khirmandey motor road at Syundachami involving Jeep No: U. P. 03/4054. The claimant submitted that the accident was incurred due to rash and negligent driving by the driver of the Jeep. He was admitted to the hospital at Gangolihat from where he was referred to the District Hospital, Pithorgarh. Considering the seriousness of injuries the claimant was further referred to Safaderjang Hospital, New Delhi. He remained hospitalised from 21.6.2002 to 13.7.20...
Kalawati Devi and ors. Vs. Narayan Singh and ors.
Court: Uttaranchal
Decided on: Mar-24-2005
Reported in: 2006ACJ2813; 2005(2)AWC1373(UHC)
Rajesh Tandon, J.1. This is an appeal against the judgment and award dated 3.9.2004 passed by the Motor Accident Claims Tribunal, Champawat.2. 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 Khim Ram in a motor vehicle accident on 8.11.2002 near village Gallagaon on Barakot-Lohaghat motor road. The appellants petitioners submitted that Khim Ram boarded vehicle No. UA 03-1106 at Barakot for going to Lohaghat. The vehicle was being driven rashly and negligently due to which it met with accident near Gallagaon, Khim Ram sustained fatal injuries in the accident and he succumbed at the spot. The deceased was employed in P.W.D. Lohaghat as Gangman and was getting Rs. 5,000 per month as salary.3. The claim petition was contested by the respondents. The respondents have filed their respective written statements. Respondent No. 1 denied that the acc...
Radha Devi and ors. Vs. Narayan Singh and ors.
Court: Uttaranchal
Decided on: Mar-24-2005
Reported in: 2005(2)AWC1369(UHC)
Rajesh Tandon, J.1. This is an appeal against the judgment and award dated 3.9.2004, passed by the Motor Accident Claims Tribunal, Champawat.2. 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 appellants-petitioners submitted that Kalyan Ram boarded vehicle No. UA 03-1106 at Barakot for going to Lohaghat. The vehicle was being driven rashly and negligently due to which it met with accident near Gallagaon. Kalyan Ram sustained fatal injuries in the accident and he succumbed at the spot. The deceased was a mason and was earning Rs. 4,000 as wages.3. The claim petition was contested by the respondents. The respondents have filed their respective written statements. Respondent No. 1 denied that the accident was caused due to rash and n...
Smt. Saleeman Vs. Brijesh Kumar Maheshwari and anr.
Court: Uttaranchal
Decided on: Mar-24-2005
Reported in: 2005(2)AWC1376(UHC)
Rajesh Tandon, J.1. Heard Sri Manish Dalakoti, learned counsel for the appellant/claimant and Ms. Seema Sirohi, learned counsel for the respondent No. 1 and Sri D.S. Patni, learned counsel for the respondent No. 2.2. 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. 53 of 1999, Smt. Saleeman v. Brijesh Kumar Maheshwari and Anr., awarding Rs. 1,37,000 (Rupees one lac thirty seven thousand only) as compensation to the claimant/ appellant along with interest at the rate of 9% per annum, from the date of filing of the claim petition, i.e., 12.12.1998 till the date of payment of compensation against the National Insurance Company.3. Briefly stated, the facts giving rise to the present appeal are that on 19th April, 1998 at about 10:15 a.m. deceased was going to Haldwani by Truck No. URN/9371. It has been alleged by the claimant that the deceased had his goods loaded over the tr...
Smt. Madhuri Rawat and ors. Vs. Yogamber Singh Rawat and anr.
Court: Uttaranchal
Decided on: Mar-23-2005
Reported in: IV(2005)ACC75; 2005(2)AWC1475(UHC)
Rajesh Tandon, J.1. The present appeal has been directed against the judgment and award dated 8.7.1997, passed by the Motor Accident Claims Tribunal, Pauri Garhwal.2. 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 5.00 p.m. at village Teka near Kanshkhet, district Pauri Garhwal involving Bus No. UTS 1021. The claimants alleged that on the date of accident the deceased was going with a marriage party. When the ill-fated bus reached near village Teka, it had stopped to take some more baraties. The deceased Tirath Singh Rawat had climbed on the roof of the bus to load luggage of those baraties. Soon he was coming down from the roof of the bus, the driver without any signal started the bus due to which the deceased fell down and he sustained grievous injuries. Immediatel...
State of U.P. Vs. Hemendra Kumar and ors.
Court: Uttaranchal
Decided on: Mar-23-2005
Reported in: 2005(4)AWC3114(UHC)
Rajesh Tandon, J.1. This is an appeal against the Judgment and decree dated 9.3.1998, passed by the District Judge, Nainital in Land Acquisition Reference No. 221 of 1986.2. Briefly stated the facts giving rise to the present appeal are that an agriculture farm measuring 29.41 acres was acquired by the State. This land is situated about 10 km. away from Kashipur towards Ramnagar on Kashipur-Ramnagar motor road. This land was acquired by the U.P. State Industrial Development Corporation Ltd. for Belwal Spinning Mills Ltd. A notification under Section 4 of the U. P. Land Acquisition Act was published on 24.2.1984, followed by another notification under Section 6 of the Act on 25.2.1984. The provisions of Section 17 of the aforesaid Act were also applied and possession over the land was taken on 26.5.1984. A notice under Section 9 of the Act was also served on the respondent. A writ petition was filed before the Allahabad High Court by the respondent challenging the notification under Sec...
Chandrapal Singh Rana Vs. Jagriti Srivastava and ors.
Court: Uttaranchal
Decided on: Mar-23-2005
Reported in: 2005(2)AWC1467(UHC)
Rajesh Tandon, J.1. Heard Sri Anil Kumar Joshi, learned counsel for the appellant and Sri D.S. Patni, learned counsel for the respondents No. 2 and 3.2. By the present appeal, the appellant has challenged the findings of the Claims Tribunal dated 26th October, 2004, by which a sum of Rs. 59,538 has been awarded against the respondents No. 1 and 2 along with the interest @ 6% per annum.3. Briefly stated, the claim petition was filed on behalf of the appellant Sri Chandra Pal Singh Rana for grant of compensation on account of the injuries sustained by the him in a motor vehicle accident occurred on 7/8th March, 2003. The appellant has alleged that on 7/8th March, 2003, in the night at 12:30, he was coming from Ardh Kumbh Mela on his Motor Cycle No. U.A. 08-B--8805 and was going to the office of the Ardh Kumbh Mela, Dev Pura. As soon as he reached near Kashyap Dharamshala a Maruti Car bearing No. DL-3 CM-6731, which was being driven rashly and negligently hit the motor cycle due to which ...
Govind Singh Panwar Vs. State
Court: Uttaranchal
Decided on: Mar-22-2005
Reported in: 2005CriLJ2445
Irshad Hussain, J.1. Appellant calls in question his conviction and sentence to imprisonment for life under Section 302, IPC as well as under Section 201, IPC per judgment and order dated 18-4-1978 passed by the then Sessions Judge, Tehri Garhwal in Sessions Trial No. A-22 of 1977.2. The case of the prosecution as disclosed from the FIR and the evidence rendered in the case was that on 23-8-1977 the victim of the case deceased Sadar Singh went missing after he left the village Fateru at about 9 a.m. for village Tyunkhar, Patti Lasya, Tehsil Deoprayag via horticulture garden. He was having a shop at Lambhar as well as at Khijwa which was a hamlet of village Tyunkhar. Informant Murari Singh (P.W. 1) who had accompanied his father Sadar Singh upto Fateru in a passenger bus was sent information that his father had not reached his shop at Khijwa. He started making search but without any success. On 1-9-1977 Chandra Singh (P.W. 2), a resident of Chirbatia, told the informant that his daughte...
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