Mumbai Goa Court November 2016 Judgments
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Arvind Sinai Nagarsenkar and Others Vs. Vishram Krishna Kantak (expire ...
Court: Mumbai Goa
Decided on: Nov-21-2016
1. On 25/02/2016, a notice indicating that the matter could be heard finally at the admission stage, was issued in this petition. Accordingly, the petition is taken up for final disposal by consent of the parties. 2. The petitioners are the original defendant nos.13 to 22 before the Trial Court in Regular Civil Suit No.109/2010. The respondent nos.1(a) to 1(f) and respondent no.2 are the original plaintiffs. The respondent no.2 was initially the defendant no.3, who was transposed as plaintiff no.2. Respondent no.3 herein i.e. Canacona Municipal Council is defendant no.1 before the Trial Court. The original defendant no.2 Niki Fernandes has since been deleted. The respondent nos.4 to 12 are the defendant nos.4 to 12 before the Trial Court. For the sake of convenience, the parties are referred to in their original capacity as plaintiffs and defendants. 3. Regular Civil Suit No.109/2010 was filed by now deceased Vishram Kantak against the defendant nos.1 and 2 in which, the defendant nos....
National Insurance Co. Ltd. Vs. Sambhajirao Madhavrao Rane and Others
Court: Mumbai Goa
Decided on: Nov-18-2016
1. The appellant-Insurance Company is challenging the judgment and award dated 19.07.2008 passed by the Motor Accident Claims Tribunal (Tribunal, for short), only on the ground of the alleged breach of policy condition, in as much as it is contended that the driver of the offending vehicle was not holding a valid and effective driving license. 2. The brief facts are that on 06.09.2005 at 14:30 hours, the claimant was a pillion rider on a motor cycle bearing no. GA-04-A-0219. The accident occurred near the gate of Goa Bagayatdar Cooperative Society at Sanquelim-Bicholim road. When the claimant and the rider of the motor cycle were coming out of the gate, one Tata mobile van bearing no. GA-01-Z-0833 came and dashed the motor cycle, as a result of which, the original claimant sustained injuries, resulting into permanent disability. The respondent no.1-claimant filed a claims petition under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. The claim petiti...
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